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What should I do if the other driver doesn't have the insurance to cover my accident?

Despite the fact that New York requires drivers to have car insurance, many people do not get insurance or only have the bare minimum amount. When an uninsured or underinsured driver causes an accident, he or she may not be able to cover the expenses, especially if there is an injury or death.

If you have been hit by a driver that does not have adequate insurance, then you may be able to make a claim with your own insurance company for the remaining damages through an uninsured/underinsured motorist coverage policy. Not sure that you have one? Every driver that has insurance should have coverage for uninsured and underinsured motorists, so check your policy to make sure!

Here are two examples of how it would work in a situation that the other driver is at-fault and the damages are $60,000:

Uninsured: If you have a $50,000 uninsured motorist policy and the other driver does not have insurance, then you may be able to claim up to $50,000 from your own policy. This would leave $10,000 to pay out-of-pocket, or try to recover through your health insurance to make a total of $60,000.

Underinsured: If you have a $50,000 uninsured motorist policy and the other driver has the minimum $25,000 liability policy, then you first would recover the $25,000 from their policy and the remaining $35,000 from your own policy to make a total of $60,000.

How to Recover Damages with Your Insurance Company

To obtain coverage, your insurance company first needs to determine the amount of insurance that each driver has and who was at-fault. If your insurance company is denying your claim, then talk to DeLorenzo, Grasso & Dalmata.

Our car accident lawyers have nearly 75 years of combined experience litigating for victims across New York. Call our office at 518.299.0314 or submit an online form to schedule an appointment for your free case evaluation! We are available at any time of day or night to answer your questions.