Brooklyn car accidents lead to unexpected medical costs, time away from work, and lasting injuries. These challenges become even more difficult when the other driver does not carry auto insurance. In New York, all motorists are required to maintain minimum insurance coverage, but many fail to comply. When that happens, injured parties must rely on other legal and insurance resources to seek compensation.

What Does No-Fault Insurance Cover After an Accident With an Uninsured Driver?

New York operates under a “no-fault” insurance system, meaning your own insurance covers medical expenses regardless of who caused the crash. This no-fault insurance system provides coverage for medical bills, a percentage of lost wages, and certain out-of-pocket expenses. This coverage applies regardless of whether the other driver has insurance. However, no-fault insurance does not pay for ‘non-economic’ damages, such as pain and suffering – it also has ‘monetary’ limits.

If your injuries meet the state’s definition of “serious,” you may pursue a personal injury lawsuit against the other driver. A serious injury under New York law includes disfigurement, fractures, loss of a body function or organ, and other permanent impairments. In these cases, pursuing a claim may be the only way to seek compensation beyond what no-fault insurance provides.

Can I File a Claim Through My Own Insurance Company?

If you maintain Uninsured Motorist (UM) coverage, you may be able to file a claim through your own auto insurance policy. UM coverage is designed to protect you in situations where the at-fault driver does not carry insurance or leaves the scene without being identified. New York requires all drivers to carry uninsured motorist coverage for bodily injury. This type of coverage can help pay for medical treatment, lost income, and pain and suffering if the other driver is uninsured. However, the process of filing a UM claim involves investigation, medical documentation, and negotiation.

Is the Uninsured Driver Personally Responsible for My Losses?

In some cases, an injured person may bring a lawsuit directly against the uninsured driver. If that driver is found legally responsible for the crash, a court may order them to pay damages. However, many uninsured drivers do not have the financial means to pay a judgment. Collecting payment may involve wage garnishment, liens, or other enforcement actions, which can take time and may not result in full compensation.

This path may be necessary if no other insurance coverage is available, but it often depends on the financial status of the at-fault party. Before filing a lawsuit, we recommend reviewing all possible sources of recovery, including your own policy’s uninsured and underinsured motorist coverage.

Can I Take Legal Action if the Other Driver Fled the Scene?

If the other driver cannot be identified, you may still file a claim through your uninsured motorist coverage. These claims typically require prompt notice to your insurer and cooperation with any investigation. Law enforcement may also attempt to identify the driver, but the ability to recover damages depends largely on your available insurance coverage.

In situations involving serious injury and no identifiable at-fault party, legal counsel may assist in determining whether other parties—such as a vehicle owner or employer—may be held liable.

Key Takeaways

  • No-Fault Insurance Provides Initial Coverage: In New York, your own no-fault insurance pays for medical expenses, lost wages, and certain out-of-pocket costs, even if the other driver is uninsured.
  • Serious Injuries May Allow a Lawsuit: If your injuries meet New York’s “serious injury” threshold, you may pursue a personal injury claim against the at-fault driver to seek additional compensation beyond no-fault limits.
  • Uninsured Motorist (UM) Coverage Is Crucial: UM coverage protects you when the at-fault driver has no insurance or cannot be identified, covering medical bills, lost income, and potentially pain and suffering.
  • Direct Lawsuits Against Uninsured Drivers Can Be Challenging: While legally possible, collecting damages directly from an uninsured driver can be difficult if they lack financial resources.
  • Prompt Action and Legal Guidance Help Maximize Recovery: Contacting a skilled car accident lawyer can help you navigate insurance claims, explore all potential sources of compensation, and determine whether additional legal action is necessary.

Experienced Brooklyn Car Accident Lawyers at Rubenstein & Rynecki Help Clients Pursue Fair Compensation for Their Car Crash Injuries

Uninsured drivers create financial and legal obstacles, and if you were injured by one, our skilled Brooklyn car accident lawyers at Rubenstein & Rynecki can determine your best course of action. For a free consultation, call us today at 718-522-1020 or complete our online form. Located in Brooklyn, New York, we proudly serve clients throughout New York City, including Brooklyn, The Bronx, Manhattan, Queens, and Staten Island.