Uninsured Motorist Accidents

Under New York law in order to register a vehicle you must have New York State issued automobile liability insurance coverage. If you do not have the minimum amount of insurance coverage your driver's license and your vehicle registration can be suspended. Despite the requirement of insurance, many drivers do not maintain the requisite insurance. Many of these drivers are involved in various types of serious accidents that often leave victims with serious, costly injuries such as head and back injuries such as a spinal cord injury that could lead to permanent paralysis or a traumatic brain injury. If a driver negligently causes a car accident that results in property damage or physical injury, than that driver is legally liable to the victims. Typically, a driver's auto insurance would be the source for payment of any damages due the victim. However, in uninsured motorist accidents the amount of compensation a victim would be able to recover may be drastically limited. If you are in need of New York Injury Lawyer because you or a loved one was injured in a vehicle accident with an uninsured motorist, contact an experienced Bronx Uninsured Motorist Accidents Lawyer who can advise you of your legal options.

New York Auto Insurance Requirements

New York law requires that drivers carry New York State issued automobile liability insurance coverage. There are minimum amounts of insurance that drivers must have:

  • $25,000 for injuries to one person and $50,000 for the death of one person in one car accident
  • $50,000 for injuries to multiple people and $100,000 for deaths of multiple people in one car accident
  • $10,000 for property damage in one car accident

However, if a driver only carries the minimum coverage, that may not be enough to pay for damages suffered in a serious accident.

Damages in an Uninsured Motorist Accident

If you are injured in an accident and the other driver is uninsured, you may still be able to recover damages from your own uninsured motorist policy. You will need to prove that the other driver did not have insurance. In the case of hit-and-run accidents, you would need to provide your insurance company with proof that your injuries or property damage resulted from the other car hitting you.

The amount of coverage that you will be entitled to receive will be based on the amount of coverage you have in your insurance policy. If the negligent driver was uninsured or if it is a hit-and-run accident, then you will receive the amount of your damages up to the amount of coverage you have. If the other driver is not uninsured, but is underinsured, then you will be able to recover damages up the amount of the combined amounts of the other driver's policy and your underinsured policy.

Types of Damages

Car accident victims often suffer serious injuries. Common injuries include traumatic brain injuries, damage to the spinal cord, whiplash, traumatic cardiac arrest, and broken bones. In some cases victims also suffer psychological problems as a result of vehicle accidents.

Such serious injuries will result in significant medical bills as well as missed work. Thus, you will be able to recover the out-of-pocket expenses related to your medical treatment such as the emergency room bill, hospital bill, the fees from your visits to your doctor, and the cost of your prescriptions. In addition, you may also be able to recover lost wages and compensation you would have received, but for the accident. You will also be able to recover damages for property damage, such as the damage to your vehicle. However, your recovery will be capped by the limits of your policy.

Bronx Uninsured Motorist Accidents Lawyer

A car accident may leave you with both physical injuries and financial stress. In many cases such as when the at-fault driver was uninsured, the amount of recovery that you may be able to receive from an insurance company may be limited. However, there may be other options to pursue that may result in your receiving additional compensation. The staff at Stephen Bilkis and Associates has extensive experience representing clients injured in auto accidents in cases where the negligent driver was uninsured or underinsured. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your car accident.

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