What Happens if You Get Into a Car Accident Without Insurance?
If you get into a car accident with no insurance in New York, you might have difficulty recovering the compensation you need to pay for injuries and other losses.
What If the Other Party Was At-fault For the Accident?
Even if the accident was not your fault, you might still have difficulty recovering compensation. This is because New York is a no-fault state. Per New York laws, you must first turn to your own insurance company to pay for your injuries.
If you do not have insurance, this is, of course, impossible.
However, you might be able to file a claim against the other party if you can meet certain criteria.
Under New York’s no-fault laws, you must establish you suffered a serious injury to be able to step outside the no-fault system. Per New York Insurance Law § 5012(d), a serious injury is one that leads to:
- “Death
- Dismemberment
- Significant disfigurement
- A fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Limitation of a body function or system”
- Injury or impairment that keeps you from performing daily activities for at least 90 of the first 180 days following your accident
In some cases, proving a serious injury is straightforward. For example, if you can prove that you broke your arm in the accident, you have suffered a serious injury.
In other cases, it can be quite difficult. This is especially true in cases where the accident resulted in the permanent loss of use of an organ, system, or member. However, doing so is imperative to your case. If you cannot prove you suffered a serious injury, you may end up paying your accident costs out of pocket.
We can help you establish your serious injury by examining your medical records and discussing your case with your doctor. We might also need to work with a medical expert to prove the severity of the injuries you sustained.
Will I Have to Pay for the Other Driver’s Injuries?
It depends on whether you were partially at-fault for the collision. As we mentioned above, New York is a no-fault state, which means the other party will turn to her insurance first to cover her injuries.
However, if her injury costs exceed her policy limit or she suffered serious injuries and you were partially at-fault for the accident, you could be looking at thousands out of pocket for the other driver’s injuries. Per New York’ pure comparative fault law, if you are at least one percent responsible for the accident, the other driver can recover damages from you.
Will I Face Penalties for Driving Without Insurance?
Yes. New York State Traffic Law 319 dictates that you could face traffic court fines up to $1,500 dollars if caught driving without car insurance. In addition, the state of New York will suspend your driver’s license for a year following a car accident. Reinstating your license requires paying a civil penalty of $750.
The state of New York will also revoke your vehicle registration for a year if you do not have car insurance. Reinstating your registration requires paying an additional civil penalty. The amount it will cost you to reinstate it depends on how long it has been since your car insurance lapsed.
- Within 1-30 days: Your civil penalty is $8 per day
- With 31-60 days: Your civil penalty is $10 per day
- Within 61-90 days: Your civil penalty is $12 per day
That said, it is not as simple as taking the number of days since your insurance lapse and multiplying it by the civil penalty. Let’s say your insurance lapsed 75 days ago. You must pay for each tier of payment up to the most recent day (e.g., $8 for 30 days, plus $10 for the next 31 days, plus $12 for the last 15 days).
If you are seriously injured and unable to work, you might find yourself owing thousands in fines with no way to pay them.
Can I Get Help Recovering Injury Compensation?
Driving without insurance does not automatically mean you are unable to recover compensation for your injuries. However, it will likely be an uphill battle. We can help. We have over 20 years representing clients who have suffered injuries in car accidents, some of whom were driving without insurance. We can investigate the accident, determine who was at-fault, and discuss your options to recover compensation.
Call Gacovino, Lake & Associates, PLLC to discuss your case today for free: 631-600-0000. We handle all cases on a contingency basis which means you pay no costs unless we win your case.
What Happens if You Get Into an Accident in Someone Else’s Car?
If you get into a car accident while driving your own vehicle, the situation is pretty cut and dry. If you have auto insurance, you would file a claim with your insurance company to pay for your damages. If you were at fault in the accident and the other driver suffered injuries or property damage, your insurance also would cover their damages.
However, what happens if you get into an accident in someone else’s car? This scenario is a little more complicated. As a general rule, car insurance follows the vehicle, not the driver. That means the owner of the vehicle would file a claim with their insurance to cover any damages.
There are exceptions to this rule, though. For instance, if you did not have permission to drive the other person’s vehicle, or if the other person specifically excluded you as a driver on their insurance policy, you might be personally liable for the damages in your accident.
For help navigating the insurance claims process in a situation like this, contact the car accident lawyers at Gacovino, Lake & Associates, P.C. We can help you pursue the money you need to pay for your losses. Call 800-550-0000 today for a free consultation.
Will the Vehicle Owner’s Insurance Policy Cover My Damages?
As long as you had permission to drive the other person’s vehicle, their insurance should cover the accident. If the total damages exceed their policy limits, you would then file a claim with your own insurance company for the remaining costs.
Who has permission to drive someone’s else vehicle? Generally, one of three situations must apply. Either you are a member of the same household, you are specifically listed on their policy as a covered driver, or the car owner expressly permitted you to drive their car.
Members of the Household Have Coverage
Most auto insurance policies automatically cover anyone living in the primary driver’s household. For instance, if you are a licensed driver and you were driving your spouse’s or parent’s car at the time of the accident, you are likely covered under the policy on the vehicle. In this case, you can expect the car owner’s insurance to cover your damages.
If you were driving the car of someone you live with but are not related to, such as a roommate or long-term guest, the situation can be trickier. One of our car accident attorneys can help determine coverage.
Drivers Listed on the Insurance Policy Have Coverage
If you are not a member of the vehicle owner’s household, but you drive the vehicle often, the owner can elect to list you on their policy as a covered driver. For instance, imagine you work for someone as a personal assistant and often need to drive their vehicle to run errands. Even though you are not related and do not live with them, they can add you to their policy. That way, if you have an accident while driving their vehicle, the owner’s policy covers it.
Drivers With Express Permission to Borrow the Car Have Coverage
The third scenario in which you have permission to drive the owner’s vehicle is if they expressly gave it to you. Even if their insurance policy does not list you, you are generally covered as long as the owner permitted you to drive the vehicle in the capacity you were operating it when the accident occurred.
For instance, if you asked to borrow the vehicle to run to the store to pick up food and you had an accident on the way, the owner’s insurance policy should cover you. However, if you took a detour along the way and drove to a nearby town and the accident occurred there, the owner’s insurance might deny the claim. We can help you sort out situations such as these.
Are There Situations Where the Car Owner Can Exclude Someone from Coverage?
In addition to including certain drivers on an insurance policy, a vehicle owner can also exclude certain drivers. This situation could occur if a parent elects to exclude one of their children from their policy due to reckless driving behavior. If the child then borrows the vehicle and has an accident, the child—and their insurer—would be liable for damages.
If someone else crashed your car, such as an excluded child, contact us today. We can help protect you from liability for the related damages.
Do You Need Help With a Car Accident Claim? Call 800-550-0000 for a Free Attorney Consultation.
The legal team at Gacovino, Lake & Associates, P.C., focuses on car accident law and can help protect you from liability after a car accident. We can determine which insurance policy is likely to cover you before we file a claim for compensation for your injuries and property damage. We will negotiate directly with the insurer in your case until we secure a fair financial settlement for you.
To set up a free consultation, call 800-550-0000 today.
What Happens When Someone Dies in a Car Accident?
If your family member passed away in a car accident, you probably want to hold the at-fault party or parties responsible for the pain they caused you. While they may face criminal charges for the accident, we can also help you pursue a civil claim and recover compensation for your loved one’s pain and suffering as well as your financial damages.
Although nothing can ever make up for your loved one’s loss, the attorneys at Gacovino, Lake & Associates, P.C. want to help you through this difficult time. Call us today at 631-600-0000 for a free consultation.
Criminal Charges Against the At-Fault Driver
Depending on the facts of the case, the at-fault driver may face criminal charges for their role in your family member’s death. This is especially true if they were driving recklessly, were drunk, or otherwise impaired. While a criminal conviction may make you feel somewhat vindicated, it does nothing to pay your accident-related bills. Families often feel worse when a liable driver gets nothing more than a slap on the wrist for causing their loved one’s death.
Civil Claims Against the At-Fault Driver
New York State allows you to take civil action against the person or party who caused your family member’s accident and death. Known as a wrongful death claim, have two parts: a survivorship action and the wrongful death action.
The survivorship action recovers compensation for any conscious pain and suffering your loved one experienced before they passed away. In some cases, when someone dies instantly or when they never recover consciousness, this compensation is not available. If they were conscious and experienced pain and suffering, however, we can help you recover compensation for this noneconomic loss.
Wrongful death actions allow the surviving family members to collect economic damages related to the accident. These damages may include:
- Funeral and burial expenses
- Medical care costs
- Lost wages through the date of death
- Lost income because of their death
- Lost inheritance for surviving children
- The value of support and services they provided
- The value of parental care and guidance they provided
It is important to note that New York wrongful death laws do not allow you to collect compensation for your noneconomic damages. This includes your pain and suffering, mental anguish, and other emotional losses.
Contact a Wrongful Death Attorney to Learn More
If you believe you have a viable Long Island wrongful death claim, Gacovino, Lake & Associates, P.C. can help. You can reach our office at 631-600-0000. Give us a call as soon as possible, because you only have two years to file this type of action in New York State.
