You’re driving through Queens when suddenly another car slams into yours. As you exchange information, you realize the other driver doesn’t have insurance. Being hit by an uninsured driver can leave you feeling overwhelmed and uncertain about what to do next.
Unfortunately, motor vehicle accidents aren’t uncommon in New York. According to the New York City Police Department, there were 7,828 motor vehicle collisions citywide in June 2024. Being involved in an accident is frustrating, but it can be significantly worse when the other driver doesn’t have insurance.
In this guide, Elliot Ifraimoff & Associates, PC, will explain your rights and what to do if you’re hit by an uninsured driver in Queens, NY. If you need assistance navigating this complex situation, don’t hesitate to contact a car accident lawyer in Queens, NY.
What Happens If You Are Hit by an Uninsured Driver?
Being involved in an uninsured motorist accident can be a frustrating and complicated experience. In New York, all drivers must carry auto insurance, but that doesn’t mean everyone follows this law. When an uninsured driver hits you, you may wonder how you’ll cover your medical bills, car repairs, and other expenses.
It’s important to understand your rights and options in this situation. New York is a no-fault insurance state, meaning your insurance company should cover some of your medical expenses and lost wages, regardless of who caused the accident.
Here are some key points to keep in mind if an uninsured driver hits you:
- Your uninsured motorist coverage may help pay for damages.
- You can file a personal injury lawsuit against the at-fault driver.
- New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC) may provide compensation in some cases.
- A personal injury lawyer can help you navigate the claims process and pursue injury compensation from uninsured drivers.
The Essential Steps To Take After Being Hit by an Uninsured Driver
According to the Insurance Information Institute, about 12.6% of motorists in the United States were uninsured in 2019. This means there’s a significant chance you could find yourself in this situation. If you’re hit by an uninsured driver in Queens, NY, here’s what you should do:
Prioritize Safety and Call 911
Your first priority should be your safety and the safety of others involved. If possible, move your vehicle to a safe area, such as the shoulder of the road.
Turn on your hazard lights to alert other drivers. Once you’re safe, call 911 immediately.
Document the Scene
Use your smartphone or camera to take extensive photos of the accident scene. Capture images of all vehicle damage from multiple angles, any visible injuries, skid marks on the road, traffic signs, and the overall accident location. This visual evidence can be invaluable when filing your claim or if legal action becomes necessary.
Gather Information
Collect as much information as possible from the uninsured driver. Write down their full name, address, phone number, and driver’s license number. Note their vehicle’s make, model, color, and license plate number.
If there are any witnesses, ask for their contact information as well. This information will be crucial for your insurance claim and any potential legal proceedings.
Seek Medical Attention
In 2022, around 1,664,598 injuries occurred due to non-fatal car accidents in the U.S., according to the National Highway Traffic Safety Administration. Even if you feel fine directly after being hit by an uninsured driver, a prompt medical evaluation is essential.
Some injuries, such as whiplash or internal injuries, may not be immediately apparent or show symptoms until days or even weeks later.
Contact Your Insurance Company
Report the accident to your insurance company as soon as possible. Provide them with all the details you’ve gathered.
Ask specifically about your uninsured motorist coverage and what steps you need to take to file a claim. Your insurer can guide you through their specific process and inform you about any deadlines you need to meet.
File a Police Report
Ensure that you file an official police report. This document serves as a crucial piece of evidence for your insurance claim and any potential legal action.
Be sure to take down the responding officer’s name and badge number and ask how to procure a copy of the report once it’s filed. The report will contain important details about the accident and the other driver’s uninsured status.
Consult a Personal Injury Lawyer
Given the complexities of dealing with an uninsured driver, it’s wise to consult a personal injury lawyer. They can help you understand your rights, navigate the claims process, and explore all available options for compensation.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage is a crucial component of your auto insurance policy, especially when someone without insurance coverage hits you. This type of coverage protects you financially if you’re involved in an accident with a driver who doesn’t have insurance or in a hit-and-run scenario.
In New York, uninsured motorist coverage is mandatory. According to the New York State Department of Financial Services, drivers must carry uninsured motorist coverage with minimum limits of $25,000 per person and $50,000 per accident for bodily injury. This coverage applies to you, your passengers, and your family members if they’re injured by an uninsured driver while in your vehicle or as pedestrians.
Here’s what uninsured motorist coverage typically includes:
- Medical expenses for injuries sustained in the accident
- Lost wages if you’re unable to work due to your injuries
- Pain and suffering compensation
- Funeral expenses in case of a fatality
It’s important to note that uninsured motorist coverage doesn’t pay for damage to your vehicle. For that, you would need collision coverage.
While the minimum coverage is required by law, you may want to consider purchasing additional coverage. The Insurance Information Institute reports that the average auto liability claim for bodily injury was $20,235 in 2020.
Elliot Ifraimoff & Associates, PC, Is Here To Help When You Need a Personal Injury Lawyer in Queens, NY
Being hit by an uninsured driver in Queens, NY, can be a challenging experience, and the financial impact of uninsured collisions can be frustrating, but you don’t have to face it alone. At Elliot Ifraimoff & Associates, PC, we understand the complexities of uninsured driver claims and no-fault insurance situations. We’re committed to helping you navigate this difficult process.
If you’ve been involved in an accident with an uninsured motorist or got in a wreck, call our team. Contact Elliot Ifraimoff & Associates, PC, today at (718) 205-1010 to discuss your uninsured driver accident case.
FAQ
What Happens If the Other Driver Has No Insurance and It’s Their Fault?
If the at-fault driver has no insurance, you may need to rely on your own uninsured motorist coverage or pursue a personal injury lawsuit against them directly. Your personal injury protection (PIP) coverage will also help cover some of your medical expenses and lost wages.
How Long Do I Have To File a Claim If I’m Hit by an Uninsured Driver?
In New York, you typically have three years from the accident date to file an uninsured motorist claim. However, you’ll want to start the process as soon as possible to ensure you meet all deadlines and preserve evidence.
Will My Insurance Go Up If I Use My Uninsured Motorist Coverage?
Generally, your insurance rates should not increase if you make an uninsured motorist claim, as you were not at fault for the accident. However, policies can vary, so it’s a good idea to check with your insurance provider for specific details about your coverage.