When there is a car accident, people may get traumatized due to the impact of their injuries. They can have long-term consequences, and their lives will never be as they were before.
If a careless driver caused the accident, their insurance company should pay for the damages, including the financial and non-financial losses you suffered.
What if the careless driver doesn't have car insurance to cover your expenses for the damages they caused? That is a common question we receive as Bronx uninsured driver accident lawyers.
We understand your concern. You might think you will end up paying for your damages and getting into enormous debt. However, that is not necessarily true. With the help of a committed Bronx uninsured accident lawyer, you still have some options.
Remember that each case is different; we need to check the facts and see what steps to follow to bring justice to you.
Keep reading to discover what to do when involved in a car accident with an uninsured driver in the Bronx, New York.
What Does It Mean When A Driver Is Uninsured?
A driver is uninsured when they do not have an active insurance policy to cover their vehicle. The driver is responsible for paying for everything related to the accident, including fixing their car and the other person's car and any medical bills.
Driving without insurance is illegal in the Bronx, NY. If a police officer catches a driver without insurance, it can result in penalties and fines.
Statistics for 2021 determined that 1 in 8 motorists in the United States did not have auto insurance. That is around 12.6% of the national fleet. Over 500 thousand drivers in New York are estimated to be driving without insurance.
Those are high numbers, even in this state, which is considered to have the lowest rate of uninsured drivers in the country, at 5.3%.
In the tough economy of 2023, many people struggle with daily pressure and huge debt. Many drivers who fail to pay their insurance pose a threat, too.
Having expired insurance or not having paid the insurance bill is not the same as being uninsured.
An expired policy means the coverage period for which the policy was purchased has ended. If something bad happens after the policy ends, the insurance company doesn't have to help or give money.
If you fail to pay your insurance premiums, the insurance company might offer you a grace period. During this time, your policy will remain active even if you are late with the payment. If the premium remains unpaid beyond the grace period, the procedure can be canceled, and coverage will cease.
Uninsured drivers lack financial protection in the event of a car accident. This is true even if they are not included in official statistics. In the Bronx, this situation would be treated as an uninsured accident.
Legal Implications in the Bronx and New York
Every driver, by law, needs to carry auto insurance with basic coverage. These coverages are:
The No-Fault (Personal Injury Protection)
This coverage pays for medical bills, lost wages, and other necessary expenses for someone hurt by the insured car.
In a car accident, their Personal Injury Protection (PIP) coverage can assist in covering their expenses and losses, including medical and healthcare costs, lost income, and specific reasonable and essential expenses linked to sustained injuries.
This coverage is applicable up to a limit of $50,000 on his basic premium.
Understanding New York's No-Fault law is crucial. Lawsuits arising from auto accidents are permissible only for economic damages that surpass No-Fault benefits. Noneconomic damages can only be pursued if the injury sustained is classified as severe.
The following criteria define a severe injury:
- Fatality
- Loss of a body part
- Notable disfigurement
- Fetal loss
- Fractures
- Permanent loss or impairment of a limb or organ
- Any damage leading to a minimum of 90 days' impairment in performing daily activities
It's important to note that this PIP coverage exclusively caters to personal injury expenses. It does not cover vehicle repair or property damage to third parties.
Furthermore, personal injury protection takes precedence over health insurance. It is the primary coverage in situations where injuries result from an auto accident.
There are circumstances in which this PIP coverage does not apply:
- The insurance does not cover accidents caused by drunk driving or drugs. Emergency healthcare in a hospital or by an ambulance worker outside a hospital is covered.
- Injuries intentionally caused by the insured are not covered.
- Coverage is not extended to injuries sustained while operating or riding an all-terrain vehicle (ATV) or motorcycle.
- Injuries incurred during the commission of a felony are not covered.
- Injuries sustained while in a stolen vehicle are not covered.
- Coverage is also not provided if the injured individual owns an uninsured vehicle.
The Liability Insurance-Bodily Injury & Property Damage
This coverage protects the insured person and authorized drivers if they are accused of being careless or at fault. It ensures that they are covered if someone accuses them of being at fault while driving.
This coverage also applies if someone accuses them of being careless while driving. It extends its protection to anyone authorized to drive a car.
The New York Vehicle and Traffic Law mandates the following minimum limits for third-party bodily injury liability coverage:
- The amount for non-fatal bodily injury to one person in one accident is $25,000. In the case of injuries resulting in the death of one person in one accident, the amount is $50,000.
- If one accident injures two or more people, the insurance will pay up to $50,000 for their injuries. If two or more people die in the accident, the insurance will pay up to $100,000 for their deaths. These amounts are subject to the limits mentioned earlier.
Furthermore, the minimum coverage required by law for protecting against property damage liability, which encompasses damage to another party's vehicle or property, is set at $10,000 per accident.
These minimum liability thresholds in New York are commonly called "25/50/10" or "$25,000/$50,000/$10,000".
The Uninsured Motorists
This coverage protects the policyholder, their family members, and anyone in the car.
It guarantees that you have sufficient coverage if they experience injuries due to the irresponsible actions of an uninsured driver or a hit-and-run occurrence.
This insurance also offers coverage in scenarios where they are engaged in a car accident while being a pedestrian.
Additionally, if you don't own a car but a household member does, and they have this insurance, you can initiate a claim under that particular policy.
What happens to an uninsured motorist in an accident?
Consequences
An uninsured motorist involved in an accident may face legal and financial consequences. Driving without insurance is illegal in many places. Not having car insurance can lead to criminal charges, fines, or even jail time. The severity of the offense and the location of the incident determine the consequences.
Driving without insurance is often considered a traffic violation, and the uninsured motorist may receive a citation.
The uninsured motorist may be held personally responsible for any damages from the accident, including property damage and medical expenses for both parties involved.
Difficulty in Obtaining Compensation
If the uninsured motorist is at fault, they may find it challenging to recover damages for their injuries or property damage. Insurance is meant to cover these situations, but without it, the at-fault driver may have to pay themselves.
If the uninsured driver caused the accident, the other person involved can sue them to get compensation for their losses. The uninsured motorist could be personally liable for any judgment in such a lawsuit.
Steps To Take Immediately After A Bronx Uninsured Motorist Accident
If you've been involved in an accident in The Bronx and discovered that the other driver is uninsured, it's crucial to follow the steps to protect your interests and ensure a smoother claims process.
Knowing what to do in a stressful situation can protect your rights and help you get compensation.
1. Ensure Safety First: Regardless of insurance status, prioritize safety. Check for injuries and call for medical assistance if needed. Move your vehicle out of traffic if possible to prevent further accidents.
2. Gather Information: Even if the other driver is uninsured, gather essential information. Record their name, contact details, and license plate number. Also, the witness information should be collected to see if there were any bystanders.
3. Document the Scene: Take pictures of the accident scene, vehicle damages, and any visible injuries. These visuals can be valuable when building your case.
4. Notify Authorities: If there are injuries or significant property damage, contact the police. A police report can provide an official account of the accident.
5. Consult an Uninsured Motorist Accident Lawyer: It's advisable to consult a Bronx uninsured motorist accident lawyer. They can guide you through legal complexities and protect your rights.
6. Contact Your Insurance Company: Reach out to your insurance company to report the accident. Even if the other driver is uninsured, your policy covers such situations.
7. Avoid Statements: While speaking to the other driver, avoid admitting fault or making statements that could be used against you later.
8. Medical Attention: Even if injuries seem minor, seek medical attention. Some injuries might manifest later, and medical records can prove your claim.
9. Document Expenses: Keep track of medical bills, vehicle repair costs, and any other expenses related to the accident. These records can help calculate your compensation.
10. File a Lawsuit if Necessary: If negotiations fail, your attorney might advise you to file a lawsuit against the uninsured driver. An experienced lawyer can guide you through this process.
Contact A Bronx Uninsured Motorist Accident Lawyer
You may think everything worsens once you find out the other driver is uninsured. Relax; you still have some options to help you. Indeed, these cases are not accessible.
They can get complicated. However, an experienced Bronx uninsured lawyer has the tools and expertise to overcome any legal issue.
The Ward Law Group has skilled lawyers. They have helped many families get compensation for their losses in car accidents, and the group is proud of this accomplishment.
We want to give you our friendly hand, and with our support, you will receive fair compensation for your losses. Contact us for a free consultation of your case at 855-DOLOR-55, and one of our lawyers will answer any questions.