Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for advice.
Detailed Answer
In New York, drivers must maintain minimum liability insurance under Insurance Law §5102. When the at-fault driver had no active insurance at the accident date, you still have options to recover damages:
1. File an Uninsured Motorist Claim under Your Policy
Insurance Law §5102 requires insurers to offer uninsured motorist (UM) coverage. If you purchased UM coverage, you can file a claim with your own insurer to cover your injuries and property damage up to your policy limits. For details, see Insurance Law §5102: https://www.nysenate.gov/legislation/laws/INS/5102.
2. Recover No-Fault Benefits (Personal Injury Protection)
New York’s no-fault law provides Personal Injury Protection (PIP) benefits regardless of fault. You can claim up to $50,000 in medical expenses, lost earnings, and other out-of-pocket costs under Insurance Law §5103: https://www.nysenate.gov/legislation/laws/INS/5103.
3. Sue the At-Fault Driver Directly
You can file a negligence lawsuit against the uninsured driver in civil court. Obtain a judgment for your damages and then enforce the judgment through wage garnishment, bank levies, or property liens.
4. Apply to the Unsatisfied Claim and Judgment Fund
If you secure a judgment but cannot collect because the driver lacks assets, apply for reimbursement from New York’s Unsatisfied Claim and Judgment Fund under Insurance Law §5106. For more information, see: https://www.nysenate.gov/legislation/laws/INS/5106.
Helpful Hints
- Report the crash promptly to both your insurer and the DMV.
- Keep detailed records of medical bills, repair estimates, and lost income.
- Secure a certified copy of any court judgment before applying to the fund.
- Consult an attorney early to guide you through filing claims and lawsuits.
- Gather witness statements and photos of the accident scene.