Insurance agent with a client after car accident

What are the Steps to Take if the At-Fault Party in a Car Accident is Uninsured?

By David Hammond

Dealing with the aftermath of a collision can be challenging enough, but discovering that the at-fault party is uninsured can add a layer of complexity to an already stressful situation. It is crucial, however, to remain calm and informed about the necessary steps to protect your rights and seek compensation. Take a minute to let us walk you through the essential actions to take if you find yourself in a car accident with an uninsured at-fault party.

What To Do:

  1. Ensure Safety First: Regardless of the at-fault party’s insurance status, the first priority after a car accident is safety. Check for injuries, call for medical assistance, if needed, and move to a safe location if possible. Exchange necessary information with the other party, such as names, contact details, and license plate numbers.
  2. File a Police Report: contact law enforcement to report the accident. A police report provides an official record of the incident, including details about the accident, statements from involved parties, and any witnesses. This document can be invaluable when pursuing a claim, especially in cases where the at-fault party is uninsured.
  3. Gather Evidence: Document the scene of the accident by taking photographs of the vehicles, damages, road conditions, and any relevant signage. Collect witness statements and their contact information. This evidence can be crucial in establishing liability and supporting your claim, especially when dealing with an uninsured party.
  4. Notify Your Insurance Company: Inform your insurance company about the accident promptly, even if the at-fault party is uninsured. Your insurer will guide you through the claims process and may cover your damages under your uninsured motorist coverage. Be honest and thorough when providing information to your insurance company to ensure a smooth claims process.
  5. Uninsured Motorist Coverage: In New York, uninsured motorist coverage is mandatory, and your insurance policy likely includes this provision. This coverage can help protect you in situations where the at-fault party is uninsured or underinsured. Your insurance company will step in to cover your medical expenses, property damage, and other losses, up to the limits specified in your policy.
  6. Consult with an Attorney: In cases involving uninsured at-fault parties, consulting with a personal injury attorney can be beneficial. They can assess the details of your case, help determine liability, and guide you through the legal process. An experienced attorney can also explore additional avenues for compensation, such as pursuing a personal injury lawsuit against the at-fault party.
  7. Explore Legal Options: While insurance may cover some of your losses, you may still face financial challenges, especially if your damages exceed policy limits. Your attorney can help you explore legal options, such as filing a lawsuit against the at-fault party to cover additional compensation for medical expenses, lost wages, and pain and suffering.

Contact Our Syracuse & New York Car Accident Attorneys

Being involved in a car accident with an uninsured at-fault party can be daunting, but taking the right steps can make a significant difference in protecting your rights and securing the compensation you deserve. Prioritize safety, gather evidence, notify your insurance company, and seek legal guidance to navigate the complexities of an uninsured motorist claim. The trusted team at CDH Law is here to help. Contact us today.

About the Author
David is a former military prosecutor and defense lawyer with over a decade of experience fighting for service members and their families. He served nine years and two combat tours as an active duty US Army officer, then joined the Reserves and settled down in Syracuse to be near family. Now representing people across Central New York charged with serious felonies, misdemeanors, DWIs, and traffic offenses, he puts the same level of commitment into his civilian law practice. If you have any questions regarding this article, you can contact David here.