What if the Other Driver is Uninsured or Underinsured?
Getting into a car accident is stressful enough, but it gets even more complex when the other driver doesn’t have enough insurance or any at all. In Buffalo, New York, drivers must carry a minimum level of insurance coverage. However, despite these laws, about 4% of drivers in New York are uninsured. This means that around 480,000 drivers in New York drive without any proof of financial protection. If you find yourself in this situation, you have options to protect your legal rights to compensation.
If you need assistance pursuing compensation after experiencing a serious injury accident, an uninsured car accident attorney in Buffalo is ready to guide you through the legal process. We are dedicated to ensuring you receive the support and compensation you deserve. Find out how Steve Foley Law Firm can help you on your path to recovery.
New York Insurance Coverage Laws
New York requires all drivers to carry liability insurance to cover damages or injuries in an accident. The minimum liability insurance coverage for bodily injury is $25,000 per person and $50,000 per fatality, with additional requirements for property damage and no-fault benefits. These laws aim to ensure that injured parties have access to compensation, regardless of who is at fault.
However, despite these laws, many drivers on the road in Buffalo either do not have insurance or have policies that do not adequately cover the damages caused. This leaves responsible drivers at risk of not receiving full compensation for their losses. To address this, New York also mandates uninsured/underinsured motorist (UM/UIM) coverage, which can step in when the other driver cannot provide the compensation necessary.
Options if the Other Driver is Uninsured/Underinsured
If the other driver is uninsured or underinsured, there are still ways to recover damages. Here are your options:
Uninsured/Underinsured Motorist (UM/UIM) Coverage
Under New York law, drivers must include UM/UIM coverage of $25,000 per person and $50,000 per car accident in their auto insurance policies. This coverage protects you in the event the other driver has no proof of insurance or has inadequate coverage to cover your losses. It can cover medical bills, lost wages, and even pain and suffering, depending on your policy.
Personal Injury Protection (PIP)
The NY liability coverage law also mandates that drivers carry a minimum of $50,000 in PIP. Under New York’s no-fault system, your own PIP insurance will cover medical expenses and lost wages up to the policy limits, regardless of who was at fault in the accident. However, PIP does not cover non-economic damages like pain and suffering, which is why UM/UIM coverage is essential.
Suing the At-Fault Driver
If the other driver does not have enough insurance, you may consider bringing a personal injury lawsuit against them. However, this option is often complicated if the driver lacks the financial resources to pay a judgment. In such cases, UM/UIM coverage often provides a more practical solution.
A Buffalo uninsured car accident lawyer will identify all possible sources of compensation to determine what coverage is available to you in the event of an accident.
Call a Buffalo Uninsured Car Accident Attorney Now
If you’ve been injured in an accident in Buffalo with an uninsured or underinsured driver, the legal process of seeking compensation can be complex due to the multiple compensation options available. However, knowing which legal avenue to pursue is often challenging and based on the unique facts of each case.
A Buffalo uninsured car accident lawyer at Steve Foley Law Firm can help you navigate the complex insurance landscape, ensuring your interests are safeguarded and you receive just compensation. Call us at 716-356-4345 for a free consultation and get the support you need to move forward.