Hit by an Uninsured Driver in Lackawanna, NY? Here Is How to Protect Your Recovery
Key Takeaways:
- Your own Uninsured Motorist coverage often pays when the other driver has none.
- Suing an uninsured driver is possible, but collecting on a judgment takes work.
- MVAIC provides a resource for people hurt in hit-and-run crashes.
If an uninsured driver hits you in Lackawanna, your own auto policy likely includes Uninsured Motorist (UM) coverage, which pays for injuries when the at-fault driver carries no insurance. You can also pursue a lawsuit against the driver directly, although collecting payment can prove difficult. If the driver fled the scene, New York's MVAIC program offers another path toward compensation.
What Happens When an Uninsured Driver Causes My Accident?
According to the Insurance Information Institute, 8.6% of New York drivers were uninsured in 2023, even though the law requires every driver to carry auto insurance. When one of them causes your motor vehicle accident, medical bills and lost wages can pile up fast with no policy on the other side to pay them. This is where Uninsured Motorist, or UM, coverage on your own policy can fill that gap.
Your Own Insurance Policy May Cover You: Uninsured Motorist Coverage
Most auto policies in New York include UM coverage automatically, which pays for your medical costs and lost income when the at-fault driver has no insurance. You file this claim with your own insurance company, not the other driver's, which often speeds up the process. Notify your insurer as soon as possible after the crash, since delays can affect your claim.
Can I Still Sue an Uninsured Driver in New York?
Yes, and a court may award you a judgment for your damages. Actually, collecting that money is another matter, because the driver may have few assets or income to draw from. A lawyer can research the driver's assets and pursue wage garnishment where the law allows it.
What if the Driver Fled the Scene? Hit-and-Run Claims in New York
When a driver flees after causing your crash, the Motor Vehicle Accident Indemnification Corporation, known as MVAIC, offers a path toward compensation for New York residents. This state resource exists specifically for people hurt by uninsured or unidentified drivers. Filing with MVAIC comes with strict deadlines, so contact them or a lawyer soon after the crash.
Steps to Take After Being Hit by an Uninsured Driver in Lackawanna
- Call the police right away, since a report is required for MVAIC claims and strengthens any insurance claim.
- Take photos of the crash scene, including vehicle damage and your injuries.
- Notify your insurance company within 30 days, as many policies require prompt reporting for UM claims.
- Seek medical care at a location such as Mercy Hospital of Buffalo and keep all records of treatment.
A Lawyer Can Maximize Your Recovery Even Against an Uninsured Driver
Handling a UM claim or an MVAIC filing on your own can feel overwhelming while you are trying to heal. A lawyer familiar with claims near South Park Avenue and throughout the Lackawanna area can push your insurer to pay what you are owed. This support often makes the difference between a low offer and a fair recovery.
Frequently Asked Questions:
Does MVAIC cover passengers injured in a hit-and-run?
Yes, passengers injured in a hit-and-run crash may qualify for MVAIC benefits. Eligibility depends on residency and other factors that a lawyer can review.
How much does uninsured motorist coverage typically pay?
Payout amounts depend on the limits you selected when you bought your policy. Many New York drivers carry the state minimum, though higher limits provide more protection.
Will my insurance rates rise after filing a UM claim?
Insurance companies generally cannot raise your rates for a UM claim caused by another driver's fault. State regulations limit rate increases tied to these types of accidents.
Let Our Skilled Lackawanna Motor Vehicle Accident Lawyers at Dan Chiacchia Injury Attorneys Fight for the Compensation You Deserve if You Have Been Injured in a Car Crash Caused by an Uninsured Driver
If you were injured by an uninsured driver and want to learn about your legal options, contact our Lackawanna motor vehicle accident lawyers at Dan Chiacchia Injury Attorneys. For a free case review, call today at 716-648-3030 or complete our online contact form. Located in Hamburg, New York, we proudly serve clients in the surrounding areas.
