What If The Driver Who Hit Me Has No Insurance?

Jed Dietrich, Esq., Recognized as an American Institute of Trial Lawyers Litigator of the Year, Has Spent Decades Fighting for The Rights of Car Accident Victims. If You or a Loved One Have Been Injured in a New York Car Accident Caused by an Uninsured, Underinsured, or Hit-and-Run Driver, the Dietrich Law Firm P.C. Could Help You File a Personal Injury Lawsuit and Secure the Compensation You Need to Reclaim Your Independence.

Dealing with a serious car accident can be challenging enough on its own, let alone when the at-fault driver does not have insurance. Taking action against somebody without a policy could be overwhelming, but you may have more options than you expect.

For more than 25 years, the Dietrich Law Firm P.C. has helped New Yorkers assert their rights to a fair recovery. A recognized U.S. News & World Report Best Law Firm, we know what it takes to ensure that our clients stand their best chance at success, whether in negotiations or at trial before a judge and jury.

We could help you, too, but you have to act fast.

Call Jed Dietrich, Esq., today at 716-839-3939 to speak to a car accident lawyer and schedule your 100% free, no-obligation consultation as soon as possible.

New York is one of several states with a no-fault rule.

Under New York’s no-fault rule, car accident victims must typically file a claim for compensation with their own insurance company before taking any further action. This system was explicitly designed to keep drivers out of court by ensuring that most motorists have a way to obtain financial relief without having to file a lawsuit.

Every no-fault policy sold in New York must include Personal Injury Protection (PIP).

PIP covers accident-related expenses including, but not limited to, the following:

1. All reasonable and necessary medical bills;
2. Up to 80% of your lost wages; and
3. Other necessary expenses, like parking at the hospital and transportation to and from medical appointments.

Personal Injury Protection can provide compensation even in cases where you were found partly or wholly at-fault for the accident. It can also be activated if the other driver left the scene of the crash without identifying themselves or had no coverage of their own. However, no-fault insurance comes with a big caveat. If and when your accident-related costs exceed the value of your policy, the difference comes out of your pocket. Most companies simply would not pay benefits when they are no longer contractually obliged to do so.

It is also worth noting that, while no-fault insurance compensates certain economic damages, it provides no relief at all for non-economic harms like pain and suffering, loss of enjoyment, and disfigurement. These damages are, instead, typically only available by filing and winning a personal injury lawsuit.

No-fault insurance helps reduce strain on the legal system by keeping frivolous and low-value claims out of court. It is not, however, a full-on replacement for litigation. Since serious accidents are a leading source of medical debt and other financial hardship, the state legislature lets survivors sue if and when they sustain certain “serious injuries.”

New York law defines a serious injury as any one or more of the following:

1. The loss of a fetus;
2. A broken or fractured bone;
3. The permanent loss of use of a bodily organ, member, function, or system;
4. The permanent or significant limitation to or of a bodily function or system; and
5. Any other injury that prevents you from going to work, playing sports, or engaging in other significant aspects of your daily routine for at least 90 out of the 180 days immediately following the accident.

You can only sue another driver if you have a serious injury, but this definition is much broader than it may appear. Some injuries that are often considered minor like whiplash, a concussion, or a hairline fracture are still serious injuries under state law and could provide standing to file a personal injury lawsuit.

If you have sustained a serious injury in an accident that was not your fault, you could be entitled to file a lawsuit against the at-fault driver. However, suing does not always make sense. If the other driver does not have insurance because they cannot afford the premium, they may not have sufficient assets to make legal action worthwhile.

Furthermore, while drivers who lack the income or assets to pay an award can still be sued, they are sometimes protected from ordinary enforcement mechanisms. Social Security income, retirement funds, professional “tools of the trade,” certain automobiles, and even primary places of residence are all typically exempt from garnishment and seizure. New York courts use the term “judgment proof” to describe personal injury defendants whose assets are largely protected from creditor claims. 

Asserting your rights against a driver with few, if any, significant assets is not easy, but that does not mean you have to go home and bear the burden of recovery alone.

The Dietrich Law Firm P.C. has spent decades helping New Yorkers stand up for their rights. If you have been hurt in an accident that was not your fault, we could help you explore your options for compensation. These could include:

1. Reviewing 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, assessing whether you are qualified to submit a claim through the state-operated MVAIC;
3. Filing a personal injury lawsuit against an uninsured driver with significant assets;
4. Petitioning the court to prevent a defendant from selling, transferring, or otherwise offloading valuable assets to prevent seizure or garnishment; and
5. Identifying 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 we could help you make the most of your case.

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!