Detailed Answer
When you need to identify the insurer covering an at-fault driver in New York, follow these steps. All vehicles in New York must maintain at least minimum liability coverage as required by N.Y. Vehicle & Traffic Law § 5102. This proof of insurance is filed with the Department of Motor Vehicles (DMV), which creates a central record you can access.
1. Review the Police Report and Accident Report
Obtain the police or crash report from the responding law enforcement agency. These reports often list the insurer’s name and policy number. If not, order the official DMV accident report (Form MV-104). You can request it online or by mail through the DMV’s Records Access Office.
2. Use Freedom of Information Law (FOIL) Requests
If the insurer is not listed, submit a FOIL request to the DMV’s Records Access Office. Under New York’s FOIL, public records—including proof-of-insurance files—are accessible upon request.
3. Consult Court Filings and Discovery
If you file a lawsuit, serve interrogatories or document demands on the at-fault driver. New York Civil Practice Law & Rules require parties to disclose insurance information during discovery. You can demand the insurer’s identity and coverage details directly from the defendant.
4. Check Insurance Verification Databases
New York participates in insurer data exchanges and verification services. Some third-party vendors maintain searchable databases where you can enter the driver’s information to locate active policies.
5. Ask Your Own Insurer
Your insurer may have subrogation teams that investigate third-party insurance. Contact your claims representative—they may locate the at-fault driver’s insurer on your behalf.
Under N.Y. Insurance Law § 3420, an injured person has a direct right to bring a claim against the at-fault driver’s insurer. Confirm the policy effective dates to ensure coverage at the time of the accident.
Helpful Hints
- Keep copies of all requests and responses for your records.
- Note deadlines for FOIL and discovery requests to avoid delays.
- Track the vehicle identification number (VIN) to aid database searches.
- Ask witnesses if they recorded insurance details at the scene.
- Use certified mail or electronic delivery for formal requests to ensure proof of receipt.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for advice regarding your specific situation.