What Happens If I Get in a Car Accident Without Insurance in Nassau County, NY
While New York requires all drivers to carry a certain amount of car insurance coverage, There are still many that drive around uninsured. The problem for a victim injured by an uninsured driver is how they will recover compensation for their injuries.
Fortunately, there are a few methods for a car accident victim to recover compensation in these situations. New York is a no-fault state, meaning that drivers will be compensated from their own insurance as opposed to the negligent driver’s insurance. Without insurance, you may need to file a lawsuit to recover damages – but your ability to do so is limited by no-fault rules.
If you need legal advice regarding a car accident without insurance, our Nassau County personal injury lawyers can help. Contact The Carrion Law Firm today at (631) 910-7493 for a free case review.
What Happens If I Am a Car Accident Victim Without Insurance in Nassau County, NY?
Car accident cases become much more complicated when the victim does not carry insurance. If you are uninsured when your Nassau County car accident occurs, you might be unable to recover compensation for your injuries. Thus, it is important to understand how New York insurance rules work and what compensation options are available to uninsured drivers.
New York No-Fault Insurance Rules
New York requires all drivers to maintain no-fault liability insurance. No-fault insurance compensates car accident victims for their injuries from their own personal injury protection (PIP) coverage without having to prove fault for the accident. However, New York’s no-fault insurance laws prevent most victims from filing a lawsuit as a tradeoff for not having to prove fault before being compensated.
New York law not only requires drivers to obtain and maintain car insurance coverage, but it also provides the minimum amount of coverage that drivers must carry:
- $25,000 for bodily injury to a single victim
- $50,000 for bodily injury to multiple victims
- $10,000 for property damage per accident
- $50,000 for the death of a single victim
- $100,000 for the death of multiple victims
If you lack PIP insurance, you might have to look to other sources to help cover your damages. If you have health insurance, you might be able to use it to cover the costs of your injuries. If that is not an option, you should consider if filing a lawsuit can recover compensation.
Filing a Lawsuit for Serious Injuries
You are not completely without recovery options if you were uninsured when you were injured in a car accident. You might still be able to file a lawsuit against a negligent driver, even if you were uninsured at the time. However, you will only be able to file a lawsuit if you sustained serious injuries in your accident. There are several categories of injuries that are considered serious in Nassau County:
- Broken bones
- Significant or temporary limitation in the use of a limb or organ
- Permanent limitation in the use of a limb or organ
- Disability lasting for at least 90 days out of the first 180
If you suffered an injury that meets one of the above criteria, you can pursue damages against the driver that caused your injuries regardless of your insurance status. Our NYC car accident lawyers can help you determine if your injuries meet the threshold and prepare your lawsuit to file in court.
What is the Process for Filing a Lawsuit for a Nassau County, NY Car Accident?
Fortunately, uninsured drivers in New York might not be prevented from filing a lawsuit after a car accident to recover damages. Some states have “no-pay, no-play” laws, prohibiting uninsured drivers from recovering certain types of compensation through the court. The general idea in these jurisdictions is that people who do not buy insurance coverage should not benefit from a driver who does. However, New York does not follow no-pay, no-play rules.
Still, you will need to meet New York’s serious injury threshold to file a lawsuit.
Proving that your injuries were serious requires gathering the right evidence to use in court. As such, there are many important steps to successfully litigating your case that our Long Island car accident lawyers can help you with.
Hiring a Car Accident Lawyer
One of the most important steps in any lawsuit is hiring an experienced car accident lawyer. Recovering compensation for an uninsured victim can be extremely challenging. A car accident lawyer with less experience with uninsured accident cases might not have the skills to ultimately recover compensation and will be at a disadvantage when dealing with more seasoned defense attorneys. Once you have selected the right car accident lawyers, they can help you file a complaint in the Nassau County court.
Discovery is typically the longest part of a car accident lawsuit. This is the period where each side will collect evidence and formulate a strong theory of how they believe the accident occurred. Evidence can come from reports and medical records. Further, lawyers are entitled to evidence from the other side if they intend to use it in their case and can obtain that.
Evidence will also be gathered from the parties involved through depositions. During a deposition, parties on both sides are questioned by opposing counsel under oath. This can help uncover deceit or laps in memory which could be useful if the case does not settle.
If your car accident case does not settle, it is time to prepare for trial. All the evidence and statements gathered by your car accident lawyer will be organized to present the best narrative of how the defendant caused your injuries. Our Queens car accident lawyers have the skills and knowledge to take your case from start to finish to recover the compensation you deserve.
What Are the Consequences of Driving Without Insurance in Nassau County, NY?
It is mandatory in New York to carry car insurance with at least the minimum policy limits. Drivers that fail to maintain car insurance will likely face harsh consequences. In many cases, a person will have their license and registration suspended for driving without a license.
Our Nassau County, NY Car Accident Lawyers Can Help
If you were involved in a car accident with an uninsured driver, our Nassau County car accident lawyers can help you determine what compensation options are available. For a free case assessment, call The Carrion Law Firm at (631) 910-7493.