What Happens if You Get into a Car Accident Without Insurance in New York?
New York requires that all vehicle owners obtain insurance coverage when registering their vehicle that is sufficient according to the law. In reality, many drivers take to the road uninsured every day. But what happens if an uninsured driver is injured in a car accident caused by another driver’s negligence?
Fortunately, there is an avenue for recovery in such instances. Injury victims can sue the other driver and recover from their insurance coverage for their injuries if the other driver was at fault. To file a lawsuit, the victim must demonstrate that they suffered a “serious injury” that falls outside New York’s no-fault insurance system. The suit must be filed within three years of the date of the accident to comply with the state’s statute of limitations. Even if you didn’t have the requisite insurance for your vehicle, you deserve to know the facts about your potential recovery for damages that another person caused.
The experienced New York car accident attorneys at The Carrion Law Firm can help in that effort by scheduling your free first appointment when you call us at (718) 841-0083.
Car Insurance Requirements in New York
Each state has its own minimum automobile insurance coverage laws, and New York is no different. To register your vehicle in the State of New York, you must obtain and maintain liability insurance coverage issued by the state, or else face suspension of your registration and driver’s license. You must have insurance coverage for all vehicles, including motorcycles, whenever they are operated on public roads, even if they are being used by someone else.
The minimum coverage values for insurance coverage in New York are as follows:
- $10,000 for property damage (per accident)
- $25,000 for bodily injury of a single victim
- $50,000 for bodily injury of multiple victims
- $50,000 for the death of a single victim
- $100,000 for death of multiple victims
The insurance must apply even when the owner is not using the vehicle and remain in the name of the vehicle registrant throughout the registration period. There may be one or two names on a registration and insurance card, but if there are two names, they must be the same on both pieces of documentation.
No-Fault Car Insurance Policies in New York
New York is one of several states that employs a “no-fault” theory for car accident insurance compensation. Under the no-fault theory, people who are injured in a car accident must look to their own insurance coverage to pay for their expenses due to the injury, regardless of who caused the accident.
As such, your insurance, if you had it, would cover financial damages from the accident up to your policy limits, such as ambulance rides, emergency room visits, hospital stays, surgeries, medications, and other ongoing treatment necessary for your recovery, according to I.S.C. Law § 5102(a)(1). It would also help cover 80% of your lost income if you could not work after the crash or had to work fewer hours, as per § 5102(a)(2).
If you do not have your own insurance or have an inadequate personal injury protection (PIP) plan, that obviously presents a problem since you must find another way to cover these losses and the non-economic damages you sustained, such as pain and suffering. Fortunately, not having insurance does not mean you have no way of recovering compensation. You may be able to file a lawsuit or a third-party insurance claim with the responsible driver or their insurance company.
No Pay, No Play Rules
Some states have what are known as “no pay, no play” rules. Essentially, these rules prevent uninsured drivers from pursuing some or all of their damages in a legal claim. Some states have exceptions that allow uninsured drivers to recover damages if a reckless or drunk driver injures them. In contrast, other states fully bar uninsured drivers from filing legal claims for any damages.
New York does not use no pay, no play rules, meaning you can file a third-party insurance claim against the other driver’s insurance provider or a lawsuit. However, you will still need to meet other qualifications before doing so.
Filing a Third-Party Insurance Claim or Lawsuit
Whether it is filing a third-party insurance claim or lawsuit, you must meet the “serious injury threshold” to recover economic and non-economic damages if you do not have insurance, according to § 5104(a). Under § 5102(d), a serious injury is one that results in death, a fracture, dismemberment, significant disfigurement, miscarriage, significant temporary limitation of the use of a limb or organ, permanent limitation of the use of a limb or organ, and an injury that limits daily activities for at least 90 days in the first 180 from the accident.
The other driver’s insurance company will likely push back on paying compensation, especially pain and suffering, making negotiations more difficult. Our attorneys can argue that the fact you are uninsured does not make their client less liable for your losses.
Ultimately, though, filing a lawsuit is typically the best way to recover your full range of damages. Juries tend to be more sympathetic to drivers negligently injured by others than insurance companies and might not consider your lack of insurance as a deciding factor in your calculation for damages. Our job is to use evidence to conclusively show that you deserve to be compensated despite the lack of insurance.
If one of the above conditions describes injuries that a negligent or reckless driver caused you, you should speak to an experienced Hempstead car accident lawyer as soon as possible. You might be able to recover compensation for your medical expenses and other costs incurred from your injuries. You can also recover non-economic damages for your pain and suffering through a lawsuit. These damages are not even available in an insurance claim, so if you have the ability to file a lawsuit, it is likely your best option.
New York’s no-fault system only applies to injuries sustained in an accident. Claims for the cost of repairing damage to a vehicle or replacing it entirely after an accident can be made against the at-fault driver, regardless of severity or any other limitation.
Evidence Our Lawyers Can Use to Prove a Car Accident Lawsuit in New York
Our team will typically gather several forms of evidence to build your case. A good place to start is with your medical records. Medical evidence will be necessary to overcome the serious injury threshold and allow your case to move forward. You must attend the appointments your healthcare providers scheduled and stick to the recommended treatment plan. While you might worry about covering medical expenses without insurance, you will recover no compensation if there is no evidence showing the harm you suffered.
Other types of evidence will be used to prove that the other driver was at fault. Police reports often contain a wealth of information, including the damage the officers observed on the scene and whether the other driver was cited for a traffic violation. It might also have witness information, which we can use to contact and interview them. Eyewitnesses can describe the defendant’s action to cause the accident, giving your case a better chance of success.
It is also a good idea to document the scene by taking photographs. Accident scenes get cleaned up quickly, and photographs are usually the only way to preserve the physical evidence of the damage. Also, take pictures of the damage to your and the other driver’s vehicle. Once that evidence is preserved, you can repair or replace your vehicle without losing anything that will support your claim.
If you can, check the scene for locations with security cameras that might have filmed the crash. It is okay if you did not have a chance, as our lawyers will investigate the crash site for nearby surveillance cameras and direct the camera owner to preserve the footage.
Can I Be Punished for Getting into an Accident Without Insurance?
Even if another driver caused your accident, you still may face consequences for violating the state insurance requirements. New York may suspend or revoke your driver’s license, issue points, or assess hefty fines. Our Bronx car accident attorneys strongly recommend that you obtain the requisite insurance to allow you to drive legally in New York.
For instance, your driver’s license and vehicle registration will be automatically revoked for one year, according to the NY Department of Motor Vehicles. You can also be fined up to $1,500 and must pay a $750 penalty fee to have your license restored. You could even be arrested and sentenced to jail for up to 15 days, as well as your vehicle being impounded. These penalties can be assessed even if you mistakenly let your insurance coverage lapse, so having insurance and keeping it current is vital.
Statute of Limitations for Filing a Car Accident Lawsuit in New York
If you don’t have insurance coverage, filing a lawsuit for your injuries may be your best and only option for recovery. However, this option won’t be around forever. The New York statute of limitations for car accident personal injury lawsuits only runs for three years following an accident. This means that you must file your formal complaint in a New York court less than three years after the date of the accident, or else risk losing out on your claim entirely.
The sooner you file your lawsuit, the sooner you may recover. You should allow yourself time to obtain the medical treatment that your injuries require, but after that, your first call should be to your Brooklyn car accident attorney to help you initiate the process of filing a claim. It will take time to identify defendants, gather information, and estimate your approximate damages. Give your attorneys as much time as possible by acting quickly on your claim.
The Carrion Law Firm Can Help You Get You Compensation for Your Car Accident Injuries in New York
No matter what your insurance status may be, you deserve competent, expedient legal services to aid you in your recovery efforts. That’s why The Carrion Law Firm offers all victims a free initial appointment with an experienced Queens car accident attorney. To get yours, call us at (718) 841-0083.