While the law requires all drivers in New York to have at least the mandatory minimum insurance coverage, there is always the possibility of getting into an accident with an uninsured driver. While you can rely on Uninsured Motorist (UM) coverage to handle the early expenses, it sometimes might not be enough. In select situations, you may be able to file lawsuits against the responsible driver. However, the question then becomes, is it really worth suing an uninsured driver in NYC? As your car accident lawyer in NYC, the team at Gabriel Law will share our insights, allowing you to make the decision.
How do we claim compensation in an uninsured motorist accident?
If you are the victim of an uninsured motorist accident, you can still rely on your Personal Injury Protection (PIP) coverage to compensate for medical bills, lost wages, and other relevant expenses. It can cover up to $50,000. At the same time, since the driver at fault is uninsured, your uninsured/underinsured motorist coverage can activate to provide additional compensation.
When can you file a lawsuit against an uninsured motorist?
In New York, if you are filing a personal injury lawsuit, you can only do so once you show that you have suffered a “serious injury” or that your basic economic losses exceed $50,000. Through a personal injury lawsuit, you can claim both economic and non-economic damages such as emotional distress and pain and suffering. Keep in mind that such a lawsuit must be filed within three (03) years from the date of the accident.
Should you sue an uninsured driver?
As your injury attorney in Queens, it is our view that suing an uninsured driver is hardly worth the effort, and rarely do you get to experience the fruit of your labor. This is because most uninsured drivers do not have a significant income or sufficient estate to cover your damages. In such a situation, you may find yourself spending more on the case than any amount you would earn from it.
However, in the rare instance that an asset investigation shows significant assets under the uninsured driver’s name, or when other parties are named as parties to the suit, then it may be worth considering legal action. Once again, it all depends on the facts and circumstances of each case.
Conclusion
Is it worth suing an uninsured driver? The answer 9 times out of 10 would be no. In most cases, going after an uninsured driver is a waste of time, energy, and resources. However, what is not a waste is retaining the services of a skilled and experienced personal injury law firm in NYC named Gabriel Law. If you’ve been injured by someone else’s negligence, then let us be your guiding light in navigating New York’s complex insurance and legal landscape. Contact us today and schedule your free and confidential consultation.
