How to Take Action Against an Uninsured Driver

Although New York has a mandatory auto insurance law, it has one of the höchste percentages of uninsured motorists in the country. Furthermore, New York has one of the am niedrigsten auto insurance minimum requirements in the country. So, if you were hurt in an accident, there’s a good chance the tortfeasor (negligent driver) was uninsured or underinsured.

As outlined below, these victims are still entitled to justice and compensation. Furthermore, victims need money to put their lives back together and move forward. That money shouldn’t come from their own pockets.

EIN Anwalt für Personenschäden in New York fights for justice and compensation, even if the driver was uninsured or underinsured. However, these claims are very complex. So, only an experienced litigation attorney should handle such matters. Furthermore, most personal injury claims settle out of court. Therefore, a good attorney must also be a good negotiator.

Lay the Foundation

In the wake of an accident, whether or not the driver is uninsured, victims should follow the same plan they do in all other crashes. Do not assume that since the tortfeasor is uninsured, there will be no legal claim.

Collect evidence at the scene. Don’t rely on an emergency responder to collect evidence for you. This process includes taking pictures, getting the names and contact information of witnesses, and perhaps most importantly, seeing a doctor. If victims refuse medical treatment at the scene, insurance company lawyers often later argue that their injuries are exaggerated.

Immediately seeing a doctor is also important for medical reasons. Many car crash victims don’t know how badly they’re hurt. Adrenaline temporarily masks pain. A few hours later, when adrenaline wears off, their injuries are more advanced and more difficult to successfully treat.

Watch what you say to the other driver, emergency responders, or the insurance company. Seemingly innocent remarks, like saying “I’m sorry” to the other driver, could have significant legal ramifications later.

PIP Claims

If the driver is uninsured, a PIP claim is usually the best approach. Personal Injury Protection is mandatory in New York and other no-fault insurance states. We usually suggest that drivers purchase more than the minimum. PIP premiums are low and coverage limits are high.

Like other insurance claims, PIP claims pay to the coverage maximum. That’s why it’s important to buy extra coverage, if possible.

Ordinarily, the personal injury settlement process is very long. Insurance companies make low-ball offers and then drag their feet. However, PIP claims often settle quickly and on victim-friendly terms. Insurance companies are usually keen to keep their paying customers happy.

In the unlikely event a PIP claim doesn’t settle, it usually goes to arbitration, which is basically a private trial.

Erfüllungsgehilfenhaftung

If a third-party liability theory applies, it basically doesn’t matter if the tortfeasor was insured or not. The third party, and not the tortfeasor, is financially responsible for damages in these cases. 

Fahrlässige Betrauung

This theory often applies if the tortfeasor was a teen driver using a vehicle that legally belonged to the tortfeasor’s parents. This theory could also apply if a roommate borrows another roommate’s car for a quick trip to the store.

Owners are liable for damages if they knowingly allow incompetent drivers to use their motor vehicles, and that incompetent driver causes a crash. Evidence on this point includes a poor driving record with recent at-fault collisions and a currently invalid drivers’ license. 

Commercial negligent entrustment cases, like rental car wrecks, are a little more complex, because of the federal Graves Amendment.

Reagieren Sie an den Vorgesetzten

Employers are financially responsible for damages if the tortfeasor was an employee working in the course and scope of employment at the time of the crash.

Under New York law, even an unpaid volunteer driving a church bus is an employee for negligence purposes. The employer, which in this case is the church, has some control over the driver.

Likewise, the law also broadly defines course and scope of employment. Deadheading (all the driving that a driver does while they’re waiting to get a ride request, as well as driving to and from passengers) Uber drivers who drive aimlessly waiting for fares are usually within the course and scope of employment. Uber benefits since available drivers are in the area. Minor employer benefit is all that’s necessary.

Dram-Shop

Commercial alcohol providers are vicariously liable for damages if they sell alcohol to intoxicated individuals who later cause injury, like an assault or a car crash.

Vicarious liability also attaches to other illegal sales, such as underage, unlicensed, or after-hours sales.

All injury victims have legal options. Contact Napoli Shkolnik for a free, no-obligation legal consultation today. We only recover a fee when we win your case.