If you were in an accident and did not have insurance, fault still matters. If the other driver caused the crash, you can likely still recover compensation for your damages. However, you will also face the consequences for not carrying the mandatory auto liability coverage in your state.
Some states, including Louisiana, may limit your financial recovery due to the penalties you face. You can still seek and recover compensation, but you will not receive the documented value of your case.
Getting rear-ended is one of the most common and frustrating driving experiences Dealing with the aftermath is even more difficult if the at-fault driver has no insurance This article will explain your options and legal rights if you are the victim of a rear-end collision caused by an uninsured motorist.
The Challenges of Uninsured Drivers
It’s illegal to drive without insurance in most states, including New York. But that doesn’t stop some motorists from taking the risk.
The Insurance Research Council estimates that
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1 in 8 drivers are uninsured, equaling over 25 million drivers nationally.
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In New York State specifically, around 8% of drivers lack insurance.
This creates huge problems for victims of collisions caused by uninsured drivers. Without insurance, the at-fault driver likely cannot pay for your:
- Vehicle repairs
- Medical treatment
- Lost wages
- Pain and suffering
Even if they want to compensate you, most uninsured drivers simply don’t have the means
Steps to Take After a Rear-End Collision
No matter what insurance status the other driver has, your immediate actions after a rear-end collision are important:
Check for Injuries
Make sure you and your passengers are unharmed before worrying about anything else. Call 911 if anyone needs medical attention.
Move Vehicles
If drivable, move your vehicle and the other driver’s vehicle out of traffic onto the shoulder or a safe nearby location.
Exchange Information
Collect the other driver’s:
- Name
- License number
- Insurance details
- Contact information
Also provide them with your own license and insurance information.
Document the Scene
Take photos of:
- Damage to both vehicles
- Debris or skid marks on the road
- Injuries (if any)
- Weather and traffic conditions
File a Police Report
Contact the police to file an official report. But in New York, police only need to respond if someone is injured.
For minor collisions, you can file a self-report with the DMV later.
Seek Medical Care
Even if you feel fine, get checked out by a doctor after the crash. Symptoms of injury can take time to appear. This also documents the incident in your medical records.
What to Do if the Other Driver is Uninsured
Learning the driver who hit your vehicle has no insurance adds another layer of stress and difficulty to the situation. Here are your options:
File a Claim Against Your Own Policy
The good news is New York is a “no fault” insurance state. This means your own insurer will cover damages, regardless of who caused the collision.
Specifically, your policy will pay for:
- Medical expenses up to $50,000
- Lost wages up to $2,000 per month for up to 3 years
- Other reasonable expenses up to $25 per day
However, recovery is limited under the no fault system. Filing an injury lawsuit against the uninsured driver allows you to recover more.
File a Lawsuit Against the Uninsured Driver
You have the right to sue the at-fault driver directly to recover compensation for your full damages.
This includes amounts beyond what your own policy covers, such as:
- Remaining medical bills
- Additional lost income
- Repair costs exceeding your coverage
- Pain, suffering, and emotional distress
However, a major challenge with this approach is collecting on any judgment awarded. If the uninsured driver has little income or assets, they likely cannot pay large damage awards.
But having a judgment at least establishes their legal obligation to compensate you. Your attorney can then try to collect through methods like garnishing wages or placing liens on any assets the driver may have now or in the future.
Use Underinsured Motorist Coverage
Carrying this optional coverage on your own policy helps fill gaps when an at-fault driver has little or no insurance.
It steps in to cover:
- Medical bills
- Lost income
- Pain and suffering
Up to the limits you selected. Though it won’t fully replace the compensation you could get from the other driver, underinsured motorist coverage provides an important safety net.
File with the MVAIC
You can also file a claim with New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC). This non-profit organization steps in to compensate victims of uninsured drivers, up to policy limits of $25,000 per person / $50,000 per accident.
While not full recovery, tapping this fund is likely easier than suing the uninsured driver directly. So at minimum, the MVAIC provides some help.
Tips for Dealing With Uninsured Motorists
No matter which options you pursue, having a knowledgeable attorney in your corner is key after a collision with uninsured driver. An attorney can help maximize your recovery through one or more of these remedies.
Additional tips:
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File claims quickly – Strict deadlines apply, so don’t delay reporting the incident to insurers or MVAIC.
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Keep good records – Document all collision details, medical treatment, lost work time, expenses, and other damages. Copies of repair estimates, medical reports, and other evidence will be vital.
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Follow medical advice – Don’t decline treatment simply because the other driver is uninsured. Proper diagnosis and treatment builds your injury claim.
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Consider suing your own insurer – If you have underinsured motorist coverage, but your insurer denies your claim, you may be able to file a lawsuit against them for bad faith denial of coverage.
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Protect yourself – Carry high uninsured motorist coverage limits when possible. Also avoid gaps in your policy to ensure you get compensated even when others drive irresponsibly.
Consulting an Attorney
Trying to recover damages after an accident caused by an uninsured driver can be incredibly complicated and frustrating. An experienced New York attorney can make the process much smoother.
Legal counsel can help you:
- Determine all available options based on your specific situation
- Navigate New York’s complex insurance laws and requirements
- Deal with uncooperative insurers
- File claims correctly and on-time
- Collect all evidence needed to prove your damages
- Negotiate fair settlements
- Take legal action when needed against at-fault drivers or insurance providers
Don’t let an uninsured driver cause injury and loss to you or passengers, then escape liability. Protect your rights by discussing your case with a lawyer today. With determination and the law on your side, you can recover the maximum compensation after a rear-end crash, even when the at-fault motorist tried to drive irresponsibly without insurance.
What If You Caused the Accident?
If you caused an accident and don’t have liability insurance, you might have to pay for the harm you caused out of your own pocket. This could cost you thousands of dollars, and the court could seize your assets to pay the claimant. It is never worth it to drive without auto liability coverage.
The fines you have to pay for breaking the law will be a small part of the money you would get in a civil case. This is true even when the injuries and damages are relatively minor.
You May Want to Speak to an Attorney About the Criminal Penalties You Could Face
If you are worried about losing your license, paying fines, or other punishments after an accident where police said you didn’t have the right insurance, you might want to talk to a criminal lawyer.
Your personal injury lawyer can offer some general advice based on their experience in this area. Still, most of the time, they won’t be able to help you fight these charges in criminal court.
“A Hit in the Rear Has Everything to Do With Insurance”
FAQ
What happens if the person at fault in an accident has no insurance in CA?
What happens in California if you drive without insurance?
What happens if someone hits you and you don’t have insurance in PA?
Is a car accident without insurance not at fault in Washington state?
What if a rear-end collision was partly Your Fault?
Even if the rear-end collision was partly your fault, you may still be entitled to compensation for your injuries and damages. In addition to driver error, several additional factors can lead to rear-end accidents. Maybe the driver’s brakes failed or the road surface was too slippery for the trailing driver to maintain control under harsh braking.
How does car insurance work after a rear-end accident?
If you’re making a car accident injury claim as the leading driver (the one who was hit from behind) after a rear-end accident, the first thing to know is that car insurance coverage will largely dictate how your claim proceeds (and often, how much you’ll receive).
Who is responsible for a rear-end collision?
Except in a limited number of situations, the driver who rear-ends another vehicle is almost always going to be found negligent, and therefore at fault for the car accident. There are a few rare instances where the lead vehicle bears some level of liability for a rear-end collision, such as:
What are some reasons for a rear-end collision?
There are very few excuses for crashing into the back of another vehicle. In most cases, rear-end collisions are the result of errors such as: If the driver who rear-ended you was distracted, tailgating, or otherwise negligent behind the wheel, the trailing driver may be held liable for your damages from the accident.