Uninsured Accidents

Under the New York State Insurance Law, all vehicles operating in the State of New York must carry the minimum liability limits of at least $25,000 to protect the public in the event of an accident with another car, bicyclist, or pedestrian. Unfortunately, all too often, drivers, passengers and pedestrians are injured through the negligent operation of a motor vehicle by an uninsured driver.

At The Law Offices of Mark A. Siesel, our attorneys have the experience and knowledge to provide skillful representation to our clients injured by an uninsured driver. If you have been in a collision in Westchester County, the Hudson Valley, New York, or surrounding areas, and have suffered an injury, contact our offices for a free consultation with an attorney who can address your worries and questions.

Why Do Motorists Drive Without Insurance?

In certain instances, the uninsured driver may have unintentionally allowed their insurance to lapse, due to failure to pay an insurance premium. In other instances, the car could be stolen, improper license plates are on the vehicle, or an unauthorized driver is operating the vehicle at the time of the accident.

According to the Insurance Research Council (IRC), about 14% of motorists across the country are driving without insurance. If you’re in a car accident with such a motorist, you may be at increased risk of being in a hit and run, because the at-fault driver may not want to face the consequences of being uninsured. In New York, driving without insurance is a traffic violation that can result in a fine of up to $1,500, and up to 15 days in jail. Motorists who are found to be operating a vehicle without insurance can also lose their license for a year.

What Should I Do If I’m In a Car Accident with an Uninsured Driver?

At The Law Offices of Mark A. Siesel, our team has worked with clients who have suffered serious injuries, including broken bones, head trauma, spinal cord injuries, and other serious harm. Your first priority is to protect your health by calling 911 if someone is seriously injured at the scene. It’s also important to get a full medical evaluation as soon as you can, even if you don’t think you need emergency medical care.

You will also want to call the police. Since driving without a license is a traffic violation, the police will want to investigate and file charges, if appropriate. A copy of the police report is also something you will need when you file a claim with your insurance provider.

After your accident, it’s also important to keep the costs of a car accident in mind. You may incur medical and hospital expenses, and be faced with lost earnings, which can be especially devastating if you are the only or the primary wage earner in the household. You may need to repair or replace your car and you may face many seemingly small expenses that can add up. For example, you may need to pay for someone to clean your home if you’re too injured to take care of daily tasks yourself, or you may need to replace a laptop and phone that was damaged in the accident.

An even more devastating situation can happen if you lose a loved one in a car accident. In addition to the grief, you may be facing final medical bills, burial costs, and more. You may need to take time away from work to deal with the loss, or the person who is gone may have been the primary contributor to your household income, leaving you worried about current and future bills. If the accident that killed your family member was caused by an uninsured driver, you may worry about getting financial recovery for all these losses.

Whether you have been injured or whether you have lost a loved one in a car accident, it is vital that you consider whether you have a legal claim that could help you seek compensation for your losses. You can find out by working with a personal injury attorney who has experience in car accident cases. Your attorney will pursue any and all remedies to provide compensation for your physical, psychological, and financial injuries and damages.

There are several remedies for the victims of uninsured drivers. These include filing a claim with the injured client’s own car insurance company under the “uninsured” provision of their car insurance policy, or in the case of a hit and run accident where there is no available uninsured coverage, filing a claim with the New York’s “Motor Vehicle Accident Indemnification Corporation”, also known as MVAIC. If a claim is filed with the MVAIC, there is the potential for compensation only up to the New York State minimum insurance proceeds for injuries suffered in a car accident ($25,000.00), or up to $50,000 for death from a car accident with an uninsured driver.

MVAIC conducts an extensive investigation of the circumstances of the accident and the injuries suffered before resolving cases, which can include requiring the client to appear for a deposition, where the injured person is asked questions under oath as to the circumstances of the accident, his or her injuries, hospital and medical treatment, medical and hospital expenses, and lost earnings. Additionally, MVAIC can arrange for physical examination(s) by specialists such as an orthopedist, neurologist or other medical providers.

Further, there are some cases in which MVAIC refuses to make a settlement offer and must be sued in order to pursue compensation in an uninsured accident. As the maximum compensation for uninsured claims is often inadequate, it is advisable for clients to obtain the maximum available uninsured insurance coverage to protect themselves against the possibility of an accident with a financially irresponsible at-fault driver. Often, insurance companies and insurance brokers will fail to advise drivers of this imperative insurance coverage, as an incentive to provide lower premium quotes. However, to paraphrase an old saying, when it comes to protecting yourself from uninsured or underinsured drivers, never be “pennywise and pound foolish.”

Another option you have is to file a claim against liable parties, which could involve the driver of the car or anyone else liable for the crash.

One way to find out what the best option may be for you is to work with an experienced car accident lawyer in New York State, who can protect your interests and your right to fair financial recovery.

Contact The Law Offices of Mark A. Siesel

If you need a car accident attorney in Westchester County, the Hudson Valley, Kings County, Bronx County, or surrounding areas, contact The Law Offices of Mark A. Siesel for a free consultation. Of all the attorneys you could work with, our firm stands out because of our experienced and skillful representation. Our founder, Mark A. Siesel, has been representing clients since 1986 and he and the rest of the team at our firm are deeply committed to securing fair compensation for each client.

Our team works with a range of specialists, including independent board-certified medical consultants, neurosurgeons, orthopedic surgeons, thoracic surgeons, economists, vocational rehabilitation experts, investigators, and other professionals. These experts help our team uncover all the causes of an accident so we can find all liable parties. We also work with experts to establish the full impact of an injury on your life and to show how your future can be impacted. This helps us build a strong case when we head to negotiations with the insurance company and their counsel. We do not hesitate to take the case through trial if an insurer tries to offer less than the maximum amount of compensation.

We are especially proud of our relationship with our clients. When you work with us, we promise to keep you updated, communicate often with you, and to treat you with respect and honesty. We reply to your emails and phone calls within 24 business hours and we’re easily accessible, so you can reach us when you need to. Our team also works on a contingency fee basis. This allows you to only pay fees when and if we recover in your case.

Contact our office today for a free consultation to discuss your car accident or other personal injury case in detail.