What if The Other Driver Does Not Have Insurance?
If you are involved in an accident with an uninsured driver, since New York is a “no-fault” state, you will file a claim with your auto carrier first. An issue may arise if your injuries exceed your insurance policy threshold. In this blog, our Buffalo car accident attorneys are here to inform you about what steps you should take if you suffer serious injuries in an accident with an uninsured or underinsured driver.
Contact the Police
If you are involved in a motor vehicle accident in which there are any fatalities, injuries, or property damage that exceeds $1,000, you are required to contact the police. While it is always essential to contact law enforcement, this is especially important if you are in an accident with an uninsured motorist.
The police officer who responds to the scene of the accident will take down crucial information about the crash and most likely make their own determination regarding fault. A police report can be a valuable piece of evidence when submitting proof of damages to your insurance provider.
Personal Injury Protection
The state of New York requires that all motorists carry Personal Injury Protection (PIP) insurance, regardless of whether or not you are at fault. Under New York law, PIP offers the following coverage to you and your passengers:
- Reasonable and necessary medical expenses, a minimum of $50,000 per person per accident
- 80% of lost earnings from work, up to $2,000 per month for a period of three years, which may be offset by disability benefits or workers’ compensation
- $25 per day up to one year for other reasonable and necessary expenses
- A $2,000 death benefit
While PIP may cover most accident-related costs for many injury victims, if you sustain severe injuries, you may need to seek additional compensation elsewhere.
Submit an Uninsured Motorist Injury Claim
New York law requires all drivers to purchase uninsured motorist (UM) coverage, which covers your medical expenses if you are hit by an insured driver, are hit by a driver with not enough coverage, or are involved in a hit-and-run. You are required to buy a minimum of $25,000 per person and $50,000 per accident.
Following a crash, you will want to report the accident to your auto insurance carrier. Any evidence that you could collect from the accident scene, including photographs of vehicle wreckage, your medical records, and medical expenses, should be sent to provide proof of your losses. You will want to demand that your insurance company pay you uninsured motorist benefits. This will be requested in a demand letter, which will be included as part of your demand package.
Why Should I Hire a Buffalo Car Accident Attorney?
A car accident attorney can help you understand what coverage options may be available to you. Additionally, we can negotiate with the insurance company to ensure that you receive the compensation that is justifiably due to you.
If there is a dispute regarding fault, our attorneys have experience gathering pertinent evidence to strengthen your case. We are not intimidated by insurance companies, and if necessary, we will take your case in front of a judge.
Consult with a Buffalo Car Accident Attorney Today
Our Buffalo car accident attorneys understand the financial toll that a car accident can have on an injury victim and entire family. If you have been harmed in a car crash, our legal team is ready to fight for your rights. To learn how we can be of assistance, contact us online or by phone to schedule your free consultation.