If you’re harmed or sustain property damage in a collision with an uninsured driver, you need to act now. Time is of the essence when it comes to recovering the compensation needed for your losses. A Buffalo car accident attorney can help you explore your options after having a collision with an uninsured driver. Whether through an insurance claim or a personal injury lawsuit, there may be paths forward, and we want to help. Towey Law, PLLC understands these claims, and we know how to go against the insurance carriers (even yours).
No-Fault Insurance Laws in NY (Required Auto Insurance in NY)
New York handles all auto insurance claims with a no-fault insurance system, which means that after an accident, your own policy (not another driver’s) is the first to cover your medical expenses and lost wages, regardless of who caused the collision. This system is designed to ensure that victims can receive prompt compensation without needing to establish the other driver’s liability. However, it does not cover property damage or pain and suffering unless specific thresholds are met.
New York drivers are required to carry minimum auto insurance coverage, including:
- $25,000 for bodily injury to one person
- $50,000 for bodily injury per accident (two or more people)
- $10,000 for property damage
In addition, New York drivers must have Uninsured Motorist (UM) coverage, which protects you in cases where the at-fault driver does not have insurance. UM coverage steps in to cover your medical expenses, lost wages, and other damages if the responsible party lacks proper insurance. However, it is important to note that UM coverage does not apply to property damage, which can leave victims of uninsured accidents struggling to recover full compensation.
Can I File a Claim Against an Underinsured Driver in NY?
New York also requires drivers to carry Underinsured Motorist (UIM) coverage as part of their auto insurance policy. UIM coverage comes into play when the other driver’s insurance isn’t enough to cover all of your expenses. For example, if the other driver only carries the minimum $25,000 in bodily injury coverage but your medical expenses exceed that amount, UIM will cover the gap up to your policy limit.
In cases involving underinsured drivers, you can pursue compensation from your own insurance policy under UIM coverage. However, insurance companies often try to minimize payouts, which is why it is crucial to have a skilled attorney advocating on your behalf. At Towey Law, PLLC, our Buffalo personal injury lawyer has extensive experience handling underinsured driver claims, and we know how to push back against insurance companies when they try to underpay.
Available Compensation After a Car Accident with an Uninsured Driver
If you have been involved in an accident with an uninsured or underinsured driver in Buffalo, you may be eligible to recover several types of compensation, depending on the circumstances of your case. This can include coverage of your necessary medical bills, and not just the ones you experience right after the crash. We will also help you recover compensation for any long-lasting consequences caused by the incident.
Also commonly available is income for lost wages and property damage coverage. Securing money for pain and suffering after an uninsured motorist crash in Buffalo can be a bit tougher.
In certain cases, compensation for the physical pain caused by the crash as well as for the psychological and emotional distress experienced could be available. However, in New York, you must meet the serious injury threshold to pursue non-economic damages outside of the no-fault system. Serious injuries include permanent disfigurement, fractures, and significant limitation of a body function.
Call a Buffalo Uninsured Accident Attorney Today
If you have been involved in a car accident with an uninsured or underinsured driver, do not wait to seek legal help. The team at Towey Law, PLLC, can help you understand your rights and explore all available avenues for compensation. We are committed to protecting your interests and holding negligent drivers accountable, even if they lack proper insurance.