What to Do After a Car Accident with an Uninsured Driver

Car accidents are stressful at any time, but when the other driver involved in the accident doesn't have insurance, the situation is even more stressful. On Long Island and around New York State, even though having insurance coverage is required, thousands of drivers in the state are on the road without insurance. When these people get into an accident, since they don't have coverage, what are the other drivers supposed to do? Who will cover medical costs, property damage, and other losses?

The Law Office of Carl Maltese has been helping people on Long Island navigate these challenging cases and helping them get the justice they deserve. They know what to do after a car accident with injuries. Knowing what to do after a car accident with an uninsured driver is important, and taking the right steps following an accident with a driver without insurance can help protect victims.

Immediate Steps at the Accident Scene When Hit by an Uninsured Driver

As with any accident scene, the first priority is the safety and health of everyone involved. It's important to check for injuries. Keep in mind that some injuries won't show up for hours or even days following the accident. Also, it's important to remember that following an accident, the body is filled with adrenaline, which can mask pain.

If there are injuries, even minor ones, it's important to get looked at by a medical professional. Call 911 and get an ambulance to the scene. Medical records are often extremely important pieces of evidence, and by getting seen by a medical professional on the scene, it begins to create a connection to any injuries to the accident.

If possible, it's also important to move any vehicles out of traffic and turn on hazard lights. This will indicate to other drivers that there has been a collision.

Also, call the police department in the area. Police need to come to the scene and create a police report. This is essential in any type of case involving an uninsured driver. It will not only provide documentation of the accident, but also will identify that the driver didn't have car insurance.

Oftentimes, an uninsured or underinsured driver will try to convince the other driver to handle things "off the books," but in this case, it's very important to involve the police. Without an office report of the accident and an official record that the other vehicle was driven without auto insurance, it can become much more difficult to get fair compensation.

Gather Evidence and Information About the At Fault Driver

When dealing with an uninsured driver, documentation of this is extremely important. As soon as possible, the following evidence should be gathered:

• The other driver’s information (name, address, license plate, and driver’s license number).

• Photographs of the scene, including vehicle damage, road conditions, and any visible injuries.

• Witness statements and contact details. Independent witnesses may help establish what happened.

• Police report details. Obtain the report number before leaving the scene. It may take time to get the actual report.

Since there is no insurance company on the other driver’s side, strong evidence becomes vital in securing compensation through other avenues.

Seek Medical Care Immediately

Quick medical attention is very important for health and safety and for creating a record of injury. Some injuries, such as whiplash, concussions, and internal bleeding, might not show up right away. Documentation from hospitals and doctors will be important as the case is processed and a possible law suit is created.

New York Insurance Requirements and Uninsured Motorist Coverage

In New York State, all drivers are required to carry state-minimum coverage including liability insurance, no-fault Personal Injury Protection (PIP), and uninsured/underinsured motorist coverage.

PIP Coverage is a type of insurance that will pay for medical bills and lost wages for the insurance policy owner, even if they were not at fault. However, it only covers up to a certain limit.

Uninsured motorist coverage, or underinsured motorist coverage, protects drivers and passengers if they are injured by an uninsured driver or in a hit-and-run accident.

In most cases in New York State, a victim in a car accident will depend on their own insurance company. However, since there is a limit, they must rely on the liability coverage of the at-fault driver. If the at-fault driver doesn't have insurance, what do you do?

The first step is to contact an experienced car accident attorney. A great car accident attorney in Long Island may be able to help.

Filing a Claim with Your Own Insurance

When the at-fault driver lacks insurance, the first source of compensation will be the victims' own insurance. You will need to file a PIP claim, which will cover medical expenses and lost wages. Next, you will need to file an uninsured motorist claim, which will cover additional damages, including pain and suffering.

Many drivers believe that this is all they have to do, as their own insurance company will take care of them, but this isn't true. The insurance provider will not have your best interest in mind. They will want to pay as little as possible. This is why it's so important to speak to a car accident lawyer about any insurance claims, even with your own insurer. They can help with what to do after a car accident as a passenger as well.

When the Other Driver Has Insufficient Coverage

It's also possible that when a crash occurred, the other driver had insurance, but not enough insurance. In this case, the driver is an underinsured motorist. Again, in this case, even if the other driver doesn't have adequate insurance, the driver may have underinsured motorist coverage, which can fill in the gap.

Considering a Lawsuit Against the Uninsured Driver

Victims of a car accident with an uninsured driver can theoretically sue. However, there is something to consider. If the other party didn't have insurance, its likely because they couldn't pay for the insurance. That also means that it's unlikely they will have the financial resources to pay the damages, even if a judge rules in your favor.

A car accident lawyer can look at the case, and then evaluate if its best for the insured driver to consider a lawsuit or simply work with their own insurance company for a favorable outcome.

The Role of a Car Accident Attorney in Long Island

Dealing with an uninsured driver accident requires careful legal strategy. The Law Office of Carl Maltese assists clients by:

• Reviewing insurance policies to identify all potential sources of coverage

• Handling communications and negotiations with insurance companies

• Collecting and preserving evidence of the accident and injuries

• Filing uninsured or underinsured motorist claims correctly and on time

• Evaluating the possibility of pursuing legal action against the at-fault driver

With professional representation, victims can focus on recovery while their legal rights are protected.

Documenting Losses

To get the most compensation possible, victims should keep detailed records of accident-related expenses, including:

• Medical bills and treatment records

• Prescription and therapy costs

• Lost wages and proof of time missed from work

• Vehicle repair or replacement costs

• Journals describing pain, limitations, and emotional struggles

Having this evidence will help ensure that all of the costs, both financial and non-financial, can be covered by a law suit, if possible.

Mistakes to Avoid After an Accident with an Uninsured Driver

Many victims harm their claims without realizing it by making preventable errors. Common mistakes include:

• Not reporting the accident to police or insurers

• Accepting cash at the scene instead of filing a claim with their insurance company

• Failing to seek immediate medical treatment, risking a fight with their insurance company

• Giving recorded statements to insurers without legal advice

• Posting about the accident on social media

You can significantly improve the outcome of a claim if you avoid making these mistakes.

Understanding Deadlines for Claims in New York

Timing is critical in uninsured driver cases. Key deadlines include:

• Notice of claim to insurers: Many insurance policies require immediate notice, often within 30 days.

• Statute of limitations: Victims generally have three years to file a personal injury lawsuit in New York State.

• Special deadlines: Claims involving government vehicles or agencies may require notice within 90 days.

Missing these deadlines can stop any claim in its tracks.

How The Law Office of Carl Maltese Helps Accident Victims

With decades of experience serving Long Island residents, The Law Office of Carl Maltese understands the frustration and financial strain caused by accidents with uninsured drivers. The firm provides personalized representation, fighting for maximum compensation under PIP, UM, or UIM coverage, and exploring all possible legal remedies.

Clients benefit from:

• A deep understanding of New York insurance law

• Aggressive negotiation with insurance companies

• Compassionate guidance throughout the claims process

• Proven courtroom advocacy when needed

Being hit by an uninsured driver in Long Island can feel like an impossible situation. Medical bills, lost income, and vehicle damage quickly add up, leaving victims unsure where to turn. However, with the right steps—securing medical care, reporting the accident, filing claims under PIP and UM coverage, and working with an experienced attorney—victims can protect themselves and pursue the compensation they deserve.

The Law Office of Carl Maltese is committed to standing with car accident victims every step of the way, ensuring that no one is left to bear the burden of an uninsured driver’s negligence alone.