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What if the driver at fault for your accident has no insurance?

On Behalf of | Dec 15, 2022 | Uninsured Motorist Claims

Can you still make a claim? 

While you may make sure your car is fully insured when you’re on the road, unfortunately not everyone does the same. Finding yourself in a car accident is at best a hassle and at worst, has the possibility to be devastating. When it comes to light that the at-fault driver has no insurance on their car, what are you supposed to do next? 

You should claim through your insurer

The first thing you should do, once you’re safely away from the accident, is to notify your insurer of what’s happened. 

New York has what’s called “No-Fault” insurance rules which means that, no matter what, you have to claim through your own insurance policy first. Your insurer will then help you to put together an evidence-based claim for the compensation you need. How much you’ll be able to recover will depend on the severity of the accident and your policy limits. 

If you purchased uninsured motorist coverage when taking out your policy, you may then be entitled to claim more if your insurance does not meet your needs. 

You can sue the driver individually for damages

One option available is to sue the uninsured driver under a civil personal injury claim. The success of this will of course depend on whether or not the driver has the means to pay any settlement you are awarded. It’s worth bearing in mind that the reason the driver has no insurance may be due to being unable to afford it.

Just because the other driver has no insurance doesn’t mean you’re not entitled to compensation. The process is, however, often more complicated and is best tackled by a legal professional with experience in pursuing insurance companies. 

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