New York law requires drivers to have certain minimum amounts of coverage in order to legally drive. Unfortunately, not all drivers obey the law. When they get into an accident, the victims naturally worry about whether they can recover anything for their losses.
Were you involved in a Syracuse car accident with an uninsured driver? If so, it’s time to find out why so many accident victims depend on the seasoned counsel of Carden Dotzler Hammond, PLLC. We can explore coverage options with you and fight for the compensation you deserve.
No-Fault Insurance: Your First Stop
Since New York is a no-fault insurance state, victims are expected to first file with their own insurers regardless of who caused the crash. Their insurance company will pay through the victim’s Personal Injury Protection (PIP) coverage. However, this coverage is limited.
PIP will only pay for medical bills, a portion of lost wages, and other necessary expenses up to the policy limits. It will not pay for non-economic damages, such as pain and suffering. Therefore, for a more serious accident, the victim will need to look beyond their insurer.
Options When the At-Fault Driver is Uninsured
But far too many drivers in Syracuse and elsewhere have no insurance. At first, this may seem to put the victim at a disadvantage. Fortunately, there are several potential options for covering your losses, including:
- Using your uninsured motorist (UM) policy: If you have UM coverage, we can help you take the steps necessary to apply it. This includes proving the at-fault driver was responsible for your injuries and that they were uninsured.
- Suing the driver personally: You can sue the driver and attempt to seize their personal assets to secure a judgment. We can assist with the lengthy and complicated litigation process necessary to accomplish this.
- Using your health insurance: Your health insurance may cover your medical bills, except for deductions and co-pays for which you would be responsible. Our skilled attorneys can help you deal with your insurer if the company refuses to fairly pay.
- Suing third parties: Some car accidents are the result of negligent third parties, such as the vehicle manufacturer. Our firm knows how to identify all parties who may be responsible for a victim’s injuries, then get to work holding them liable.
- Submitting a claim to the New York Motor Vehicle Accident Indemnification Corporation (MVAIC): MVAIC provides coverage to victims when an uninsured driver was at fault. We can explain the eligibility criteria and help you comply with applicable deadlines.
You may have other options available, which is where our dedicated attorneys draw from their extensive experience representing Syracuse car accident victims. Learn more about how we have assisted other clients with their legal matters.
How We Help Uninsured Driver Accident Victims Prove Their Cases
Victims of uninsured drivers have the burden of proving the elements of a New York car accident claim. When you retain our trusted legal team to represent you, we get to work collecting the evidence necessary to prove your case. This includes:
- Medical records: Your medical bills are likely to be your largest category of damages, and you will also need to produce doctors’ notes, test results, and other documents.
- Income records: During your hospitalization, you could miss significant time from work. You also may not be able to work at the same productivity level as before the accident, so your income records will prove vital.
- Police reports: Syracuse police generate accident reports that include basic details such as the identities of the parties. You will need the police report from your accident, and we can obtain a copy for you.
- Photos and videos: Pictures and videos of the accident scene offer compelling proof of what happened. You also need images of your injuries to substantiate your damages.
- Witness statements: Any eyewitnesses to your accident can provide valuable third-party testimony about the events leading up to the crash. We can get these statements for you.
- Expert witness reports: Expert witnesses are professionals who can explain complex and technical matters to judges and juries. These include accident reconstructionists.
- Driver information: Records concerning the at-fault driver, including their driving record, cell phone records, and information related to their lack of insurance, are helpful. Our lawyers understand how to use the discovery process to obtain this evidence.
There will likely be much more evidence, depending on the circumstances of your crash. We understand New York personal injury law and what it takes to advocate for victims. Count on us to uncover the evidence necessary to prove your case against the uninsured driver.
Serving Your Legal Needs After a Car Accident
We know the stress and anxiety that accident victims experience when they find out the at-fault driver has no insurance. But we are here to help you use all available options for covering your losses. Get started on your Syracuse accident claim by contacting CDH Law today.