CAR ACCIDENT LAWYER FOR UNINSURED MOTORISTS

Car Accident Lawyer Representing Automobile Accident Victims – Uninsured Motorists

In 2019, 12.6 percent of motorists, or about one in eight drivers, were uninsured, according to a 2021 study by the Insurance Research Council (IRC). This number also grew in 2020 due to the coronavirus or COVID pandemic; it is crucial to be careful. Although this is a low percentage in comparison to other states, the fact remains that thousands of individual drivers are on the road without insurance. If an automobile accident transpires, and the driver responsible is uninsured, the parties involved can be devastated financially, physically, and emotionally. The Rozhik Law Firm PLLC’s car accident lawyer can navigate you through any insurance claim process. These New York automobile accident attorneys can tell you if you are eligible for a lawsuit involving personal injuries.​

The Fundamentals of an Automobile Accident Involving an Uninsured Motorist

When people sustain an automobile accident involving a driver who is uninsured, they will wonder how injuries will be paid for. Although “No-Fault” regulations in New York are still applicable, another insurance coverage type is available.

As with any automobile accident in the city, you will need to evaluate your PIP (personal injury protection) coverage. With that said, the coverage of $50,000 is capable of depleting reasonably fast. Thankfully, another option is at your disposal.

Familiarizing Yourself with Coverage for Uninsured Motorists

Besides PIP coverage, all drivers must purchase UM (uninsured motorist) coverage. Such coverage safeguards the parties involved if the responsible driver drives away from the scene or is uninsured. At a minimum, $25,000 worth of coverage is available per person. The minimum amount of coverage available per accident is $50,000.

Although UM coverage like this is helpful, serious injuries (like spinal cord or traumatic brain injuries) may warrant much more money.

If you buy SUM (supplemental underinsured/uninsured motorist) coverage – in addition to UM and PIP coverage, you might qualify for that usage, too. You will need to meet all five criteria in order to use the SUM coverage:

• Losses need to have transpired because of the accident.
• You must ensure your policy.
• Bodily injury limitations must surpass the ones the other driver has sustained.
• You must acquire an offer for a policy limit.
• Timely notice must also be provided.
• To navigate through the system, get in touch with a car accident attorney in New York who has experience.

MVAIC Claims

An organization called the MVAIC (Motor Vehicle Accident Indemnification Corporation) was created to provide benefits for victims of automobile crashes. As well as cyclists and pedestrians that sustained injuries from an uninsured automobile. MVAIC offers as much as $50,000 worth of no-fault benefits. They also provide as much as $25,000 worth of coverage to individuals who got hurt in an accident.

Having a claim filed through the MVAIC will help with recovery if you have sustained injuries from an accident. Nobody in the household you live in – yourself included – owns a vehicle (or did when the accident transpired).  MVAIC will also be applicable if coverage gets denied or even disclaimed. t will also apply if the collision involves a hit/run, a stolen automobile or if the owner of the vehicle did not provide the driver with permission to access the vehicle (permissive use denial).

MVAIC Benefit Requirements

• You were part of an automobile accident in the city of New York. When the accident transpired, you were legally a New York resident. Under certain circumstances, people who reside in other states might qualify for some or all MVAIC benefits. However, if you weren’t a New York resident when the accident transpired, and you want to know if you are eligible for benefits, contact the MVAIC by email at [email protected] or by phone (646) 205-7800 if:
• You don’t have any other form of car insurance. Suppose neither you nor any relatives who live in your household own a motor vehicle that is insured. In that case, you’ll need to have a claim filed with the respective insurance company to determine if you have coverage under that specific policy (to receive benefits).
• You weren’t the one who owned the uninsured automobile involved in the accident.
• Inside the uninsured automobile, you weren’t the passenger, nor were you a spouse of whoever owned said uninsured vehicle.
• You must follow several requirements involving specific time frames. If those time frames are different, it may negatively impact your eligibility.
• The accident needs to be reported within a 24-hour span of the collision incident to a Peace Officer (the police).
• An NOI would be submitted to the MVAIC within three months of the accident if the collision involved either an unidentified automobile or a hit/run.
• An NOI would be submitted to the MVAIC within six months of the accident if the collision involved an unidentified automobile.

The MVAIC might request a Crash Claim accident form and/or an official police report. Such documentation will need to be submitted alongside the NOI claim forms.

The requirements listed above are part of the NY Insurance Law, as explained in the section marked “Article 52.”

You must report the accident within a 24-hour window of the collision happening (or as quickly as possible, within reason). Failure to do so may prevent you from making a claim with the MVAIC, particularly if the accident is considered a hit/run.

Personal Injury Lawsuits: You Have the Right to Have a Case Filed

No-Fault Laws in the city of New York (as well as the UM coverage required) are developed to cover costs without any need to file a lawsuit or claim against anyone else. With that said, if death or serious injury is involved, then New York’s Insurance Law (5104) will provide any injured parties (and/or members of their family) the right to launch a negligence case against the opposing driver.

“Serious injuries” can be described as any kind of injury resulting in the following:

• Death.
• Dismemberment.
• Limitation or permanent inability to use a body system, function, member, or organ.
• Miscarriage.
• Fracture.
• Significant disfigurement.

If the injuries you sustained meet at least one of the above definitions, and/or involves an impairment or injury (non-permanent) that stops you from engaging in daily activities (moving about, self-care, etc.) for half of the initial six months after the collision, then you will be well within your rights to have a personal injury case filed.

When a personal injury case is launched, you might be able to seek economic damages (lost wages, medical expenses, etc.) in addition to damages for suffering and pain. You might also qualify for damages pertaining to loss of life enjoyment or lost wages.

Note: you might not be able to recover compensation – even if the case rules in your favor. If the opposing driver doesn’t have insurance, they won’t have any money to pay for your damages.

Proof of Negligence in Car Accidents Involving Uninsured Motorists

The motorist will be at fault or negligent just because they lack insurance. You need to prove that the driver is responsible for the collision and the injuries you sustained from it. Some common forms of evidence for accident cases involving uninsured motorists include the following:

• Witness testimonies.
• Police reports.
• Medical reports.
• Video or photos of the scene of the accident.

Richard F. Rozhik Esq. is an experienced car accident lawyer in New York City. The firm will assess your situation before advising you on what your options are, moving forward.

Get in touch with us by filling out the form below or calling (917)567-1963. We will meet with you for a case evaluation consultation, which is entirely free. Every aspect of compensation will be looked into. That way, you can focus on recovering instead of stressing out about bill payments.

Car Accident Lawyer Near Me

Rozhik Law Firm’s offices are in Brooklyn, New York. With that said, we serve accident victims all over the metropolitan area of New York City. The clients we represent are situated in just about every borough in the city. One of our firm’s best car accident lawyers will visit you in the event that you can’t visit the office because of your injuries. Free transportation is also available – we will drive you to our offices and bring you back home after the consultation.