After being hit by an uninsured driver, you may have a lot of concerns. Is it possible for you to receive compensation for your losses? Should you seek legal counsel? What should you do? New York City Car Accident Lawyers offer you all the necessary details right here.
Unfortunately, even though they drive often, around 13% of drivers do not have vehicle insurance. They don’t have insurance because it’s too expensive. They let their policies lapse or drive an automobile that they aren’t legally allowed to. Everyone involved suffers when uninsured drivers take to the road and cause an accident.
A View of No-Fault and Tort Laws:
Accidents involving uninsured drivers are handled differently in different states. A total of eleven states and the Commonwealth of Puerto Rico have “no-fault” rules in effect, which means that all parties involved in an accident divide the damages equally, regardless of who is at blame for the accident. The following states are included:
- New York City, New York
- The state of North Dakota
You can’t sue the other motorist after an accident in places with no-fault legislation unless significant damages or expensive medical expenses resulting from the occurrence. Even if the other motorist has no insurance, your vehicle insurance company should still reimburse a percentage of the costs.
Other states have a tort-based legal system. In tort law, the person or entity who caused the accident is liable for the damages. Unless the uninsured motorist is found to be at fault for the accident, you will not be liable for damages if an uninsured driver hits you in a state with tort law. If this occurs, you have the right to take legal action against the other motorist. Uninsured or underinsured motorist coverage, on the other hand, pays for damages if you’re at fault in a car accident.
What Are The First Five Steps You Should Take After A Collision With An Uninsured Driver?
Whether the motorist who hit you had insurance, you should follow these five measures to protect yourself following the accident. These measures become much more important if the driver is uninsured.
1. File A Police Report
After a collision, an uninsured driver may try to play on your emotions by saying or doing hurtful things. You don’t have to tell anyone about the mishap, so please don’t. You may be obliged to keep the accident a secret due to emotional blackmail by the at-fault party. If you fail to report the accident, you may not get reimbursement from your insurance carrier or any other parties who may have contributed to the accident.
In addition, proving who was at fault for the accident may become highly challenging. If you leave the site of an accident without getting medical attention, calling for help, or removing yourself from a dangerous position, you may be subject to legal consequences.
Keep an eye on the situation and remain at the location if possible. Make a 911 call. Hold your ground until the police arrive. An accident investigation begins as soon as the authorities get on the scene. They’ll gather evidence and learn who was at fault. The accident will be included in the police report.
2. Refuse To Take Responsibility For The Accident, Even If It Is Just Partial
If you accept even a tiny amount of responsibility for the accident, even unintentionally, you may be liable for a portion of the damages. Depending on the circumstances, your insurance company may be required to cover the other driver’s car and injuries as well as your own.
Try to avoid saying anything that may be construed as an admission of fault for the accident or your injuries. The other motorist may use even seemingly innocent statements like “I’m sorry this occurred” against you if taken out of context. Give truthful replies to the authorities when they interrogate you, but avoid going into unnecessary detail or making any remarks that might be used against you later.
3. Go To The Doctor
When you arrive at the scene of the accident, you may be under the impression that you are unharmed. Adrenaline, however, may hide a wide range of significant injuries for a considerable period after the occurrence. Many people in car accidents find out they’ve been injured several days or even a few hours after the event. Untreated injuries, on the other hand, can get much worse over time. Go to a hospital or an urgent care center for an assessment instead of taking a chance with your health. If you require therapy, don’t put it off. Get it done as soon as possible.
4. Call Your Insurance Company
Your vehicle insurance company and your health insurance company may need to be contacted if you have property damage or injuries due to being in an accident with an uninsured motorist. To be on the safe side, keep in mind that insurance firms have their bottom lines to consider.
You’re better off letting your lawyer deal with insurance providers. Unlike for-profit insurance companies, your lawyer will look out for your interests throughout the claims process and can assist you in determining the best course of action to take after an accident.
5. Consult With An Experienced Car Accident Lawyer
After an accident, a car accident lawyer may provide various advantages, including a collision with an uninsured driver. A car accident lawyer can help you because of these things:
- The lawyer will provide you with all of the necessary information. Having an attorney at an experienced law firm look over your insurance policies and explain your rights to compensation can help you make an informed decision about whether or not to file a claim. They can also investigate the circumstances of the accident to find out who might be responsible and help you get a clearer picture of how your claim will proceed if you do.
- If necessary, Attorney would negotiate with your insurance provider. Your insurance company may make it challenging to obtain the total compensation you require for your injuries, car damage, and other financial losses. When negotiating with the insurance company or in court, an attorney can aid.
- Assist you through the claim. An attorney can help you through the claim process, get the money you deserve, and reduce your stress so you can concentrate on your rehabilitation with the aid of an attorney.
- Assemble a damage claim in your stead. Unrepresented plaintiffs have difficulty getting the compensation they deserve because the legal process is complicated by the competing interests of insurance companies, attorneys, and responsible parties. You will have a better chance of recovering from your injuries if you work with an expert car accident lawyer.
Have you suffered an injury because of an uninsured driver? New York City Car Accident Lawyers can help you. Contact us for a free consultation.