Car accidents are stressful, but being hit by an uninsured driver adds extra uncertainty. In Brooklyn, where traffic is heavy and collisions are common, an uninsured motorist can leave injury victims worried about medical bills, lost income, and vehicle repairs. Although New York law requires drivers to carry minimum auto insurance, some motorists still drive without coverage. When that happens, understanding your rights under New York law can help protect your recovery.
This guide explains what typically happens after an accident with an uninsured driver in Brooklyn, how your own insurance may respond, and what legal options may be available.
What Does It Mean to Be Hit by an Uninsured Driver?
Being hit by an uninsured driver means the at-fault motorist does not carry the liability insurance required by New York law. Because there is no insurance policy to pay for injuries or damage, victims must rely on other avenues to recover compensation.
What Should I Do Immediately After an Accident With an Uninsured Driver?
Safety comes first. Check for injuries and call 911 if medical care is needed. Contact the police so that an official accident report is created. The report documents key facts and can be important later.
Take photos of vehicle damage, the scene, and any visible injuries. Exchange information with the other driver if possible, even if they admit they have no insurance. Witness contact information can also be helpful.
Will My Insurance Cover Me After an Uninsured Driver Crash?
In many cases, yes. New York requires uninsured motorist coverage unless it is rejected in writing. This coverage may pay for medical expenses, lost wages, and pain and suffering when the at-fault driver has no insurance or leaves the scene.
You must notify your insurer promptly and cooperate with the investigation. Policy limits and terms will determine how much compensation is available.
What if the Other Driver Flees the Scene?
Hit-and-run crashes are treated similarly to uninsured driver accidents. If the at-fault driver cannot be identified, uninsured motorist coverage may still apply, provided the crash is reported quickly and supported by evidence such as photos or witness statements.
Can I Sue the Uninsured Driver Directly?
Yes. You may sue an uninsured driver for damages. However, collecting compensation can be challenging if the driver lacks assets or income. A lawsuit may still be appropriate if your uninsured motorist coverage is not enough to cover your losses.
How Does Comparative Fault Affect My Claim?
New York follows a pure comparative fault rule. If you are partially responsible for the accident, your compensation may be reduced by your percentage of fault. This rule applies to both insurance claims and lawsuits.
What Damages Can I Recover?
You may seek compensation for medical bills, future treatment, lost income, property damage, and pain and suffering. The value of a claim depends on injury severity and how the accident affects your daily life.
How Long Do I Have to Take Action?
Personal injury lawsuits in New York generally must be filed within three years of the accident. Uninsured motorist claims often have shorter notice requirements, making prompt action important.
Brooklyn Car Accident Lawyers at Rubenstein & Rynecki Will Provide the Guidance You Need
An uninsured driver accident can leave you facing financial and emotional strain. Knowing your options under New York law can make a meaningful difference in your recovery. The Brooklyn car accident lawyers at Rubenstein & Rynecki can help you understand coverage issues, meet deadlines, and pursue compensation after being injured by an uninsured driver. Call us at 718-522-1020 or complete our online form today for a free consultation. Located in Brooklyn, NY, we serve clients in the surrounding area.
