It is bad enough to experience the emotional trauma and physical injury of a car accident. Discovering that the individual who caused the accident was driving without insurance makes matters many times worse. It burdens the accident victim with all the financial weight of paying medical expenses, days missed from work, and other damages.
If you suffered injuries in a car accident where the other driver was not insured, a Sayville uninsured car accident lawyer can help you seek the compensation you need to cover your injury-related losses.
Call Gacovino & Lake today at (631) 600-0000 for a free, no-obligation case review.
New York’s Auto Liability Insurance Requirements
New York State Department of Motor Vehicles (DMV) requires that drivers carry auto liability insurance in at least the following amounts:
- Property damage: $10,000
- Bodily injury: $25,000
- Death: $50,000
- Bodily injury for two or more people: $50,000
- Death of two or more people: $100,000
Unfortunately, this requirement does not prevent many New York drivers from driving their vehicles without this insurance coverage.
Uninsured Motorists Coverage in Sayville, New York
New York State also requires its drivers to carry uninsured motorists (UM) coverage. If you are current with your UM policy, you can use it to cover the costs associated with your injuries from the accident caused by an uninsured driver.
At a minimum, your policy should cover the same minimum bodily injury coverage as is provided through liability insurance. Keep in mind that this insurance covers only bodily injuries, not damage to your vehicle or other property.
Our legal team can help you file a claim under your UM coverage.
If You Do Not Have Auto Insurance
If you do not have auto insurance coverage, you may be able to receive compensation for your injuries through the Motor Vehicle Accident Indemnification Corporation (MVAIC). This non-profit group works to provide no-fault and bodily injury coverage for people who qualify, as per New York Insurance Article 52. Keep in mind that MVAIC enforces strict deadlines for its claims-filing process.
Whether you seek compensation through your UM coverage or through MVAIC, our Sayville uninsured car accident lawyers can help package your losses for your insurance provider and represent you in your claim.
Call Gacovino & Lake today at (631) 600-0000 for a free case review.
Recovering Damages Through a Lawsuit
Putting the insurance remedy aside, you can also seek to recover your car accident losses by filing a personal injury lawsuit against the at-fault driver. Typically, with such a lawsuit, the funds for this compensation would come from the defendant’s insurance policy. With the driver being uninsured, your lawsuit will have to draw from any assets or cash the driver happens to have.
Our lawyers can file this lawsuit on your behalf and fight to have the person who caused your injuries pay for your damages.
Establishing Liability in a Car Accident
The foundation for any personal injury lawsuit is proof of negligence. The law requires us to prove that the other driver’s negligence caused your injury and your losses. To do this, our lawyers will build a case that answers the four criteria for negligence:
- Duty of care: the defendant owed you a duty to take reasonable steps to keep you free from harm or injury.
- Breach of duty: the defendant failed to uphold their duty of care.
- Causation: by violating their duty of care, the defendant caused you to suffer an injury.
- Damages: you suffered damages (financial, physical, emotional/psychological).
We will support these arguments using evidence our team gathers through an investigation of your accident. To collect evidence, we will:
- Visit the scene of the accident
- Collect photos and videos of the accident scene and damage
- Interview witnesses and record their testimonies
- Gather your medical records related to your accident injuries
- Obtain wage statements from your employer
Our lawyers will leave no stone unturned when it comes to building your case.
Possible Damages You Might Recover From a Car Accident
Your car accident is unique, in terms of how it happened, the injuries you sustained, and the financial and non-economic damages it caused. You will not be able to base your possible compensation on the amount that another car accident victim won in a lawsuit.
However, we can give you an idea of the types of damages that some plaintiffs are able to recover in personal injury claims and lawsuits. They include:
- Doctors’ and surgeons’ fees
- Prescription medicine
- Hospital stay
- Emergency transportation
- Physical rehabilitation/therapy
- Home modification
- Mobility devices (wheelchairs, crutches, etc.)
- Lost income and benefits
- Diminished future potential earnings
- Loss of consortium
- Diminished quality of life
- Pain and suffering
- Emotional stress
- Mental anguish
The above types of damages are just some of the types of losses you may be able to recover in your lawsuit, depending on the circumstances of your accident and your injury. Your lawyer can give you a better idea of what you can claim after they review your case.
If a loved one died from the injuries they sustained in a car accident, you may be eligible to pursue a wrongful death action. Our lawyers can represent you in this cause.
New York’s Statute of Limitations
New York Civil Practice Law & Rules §214 imposes its statute of limitations for personal injury lawsuits, which limits the time you have from the date of your accident in which to take legal action. Generally, plaintiffs have three years to act on their claims to recover damages in a car accident.
By hiring a lawyer early in the process, you can hand off the responsibility of meeting important deadlines like this, and you give your legal team more time to collect evidence and build your case.
A Sayville Uninsured Car Accident Lawyer Can Represent You
Gacovino & Lake has been representing the injured people of New York since 1993. Let us put our years of experience to work for you in your uninsured car accident case. We do not charge you for an initial consultation, nor do we charge you any legal fees unless and until we win you an insurance settlement or lawsuit award.
Call Gacovino & Lake today at (631) 600-0000.