Uninsured Drivers and Accidents

Serious accidents can have serious repercussions.

Under ordinary circumstances, securing compensation often feels like an uphill battle. You could have the strongest case in the world, and that often is not enough to stop the insurance company from trying to shortchange you. But when the other driver does not even have coverage, trying to break even, let alone reclaim your former financial independence, could feel downright impossible.

However, you may have more options than you expect. Here is what you need to know about:

Uninsured Drivers And No-Fault Insurance

New York has a no-fault insurance system.

Every no-fault policy sold in the state must include at least $50,000 in Personal Injury Protection coverage. Personal Injury Protection, or PIP, serves as a first line of defense against uninsured drivers. It provides benefits like:

1. The full payment of all reasonable and necessary medical expenses;
2. Up to 80% of your lost income from work; and
3. Reimbursement of other miscellaneous costs, like an Uber ride to physical therapy, a taxi from your house to the doctor’s office, or the money you spent parking at the hospital.

Most no-fault policies also include mandatory uninsured and uninsured motorist benefits (UM/UIM). You can sometimes use UM/UIM to supplement PIP, but any no-fault coverage you use is still strictly subject to your policy limits. Once you hit your limits, the insurance company has fulfilled its contractual obligation and would not continue paying, even if you desperately need the money for treatment.

Filing A Personal Injury Lawsuit

If you have been injured in an accident that was not your fault, you have a right to file a personal injury lawsuit against the person or party who caused your crash. This right is, however, subject to a major caveat: in New York, only accident victims who have sustained serious injuries can step outside the no-fault system to initiate legal action against another driver.

Furthermore, suing an uninsured driver is not always the best use of your time, energy, and resources. If somebody does not have insurance, it is probably because they cannot afford the premium. If they cannot afford to pay for a policy, it is unlikely they will have enough money to pay a five- or six-figure judgment.

You may be able to request enforcement mechanisms like wage garnishment or seizure, but they are not always effective against so-called “judgment-proof” defendants.

How The Dietrich Law Firm P.C. Could Help You Assert Your Rights

A recognized U.S. News & World Report Best Law Firm, the Dietrich Law Firm P.C. has spent decades helping New York families assert their rights to a fair recovery. We could help you, too. Depending on the circumstances of your case, we could:

1. Review your insurance policy to determine your eligibility for benefits like PIP and UM/UIM coverage;
2. If you do not have an active no-fault policy, assess if you are qualified to submit a claim through the state-operated MVAIC;
3. File a personal injury lawsuit against an uninsured driver with significant assets;
4. Petition the court to prevent a defendant from selling, transferring, or otherwise offloading valuable assets to prevent seizure or garnishment; and
5. Identify potential defendants with greater financial means than the at-fault driver, such as a negligent employer, the maker of a defective automobile or automotive part, or a government agency that contributed to the accident by failing to replace a stop sign or fill in a longstanding pothole.

Do not take chances with your right to a fair recovery: send us a message online or call us today at 716-839-3939 to speak to a car crash lawyer and find out how much your case could be worth.

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!