Uninsured Accidents

Under the New York State Insurance Law, all vehicles operating in the State of New York must carry the minimum liability limits of at least $25,000 to protect the public in the event of an accident with another car, bicyclist or pedestrian. Unfortunately, all too often, drivers, passengers and pedestrians are injured through the negligent operation of a motor vehicle by an uninsured driver.

At the Law Offices of Mark A. Siesel in the Bronx, our attorneys have the experience and knowledge to provide skillful representation to our clients injured by an uninsured driver. In certain instances, the uninsured driver may have unintentionally allowed their insurance to lapse, due to failure to pay an insurance premium. In other instances, the car could be stolen, improper license plates are on the vehicle, or an unauthorized driver is operating the vehicle at the time of the accident. Clients can suffer personal injuries, incur medical and hospital expenses, and be faced with lost earnings, often with the victim of the accident being the only wage earner in the household. In these situations, it is vital that your attorney pursue any and all remedies to provide compensation for your physical, psychological, and financial injuries and damages.

There are several remedies for the victims of uninsured drivers. These include filing a claim with the injured client’s own car insurance company under the “uninsured” provision of their car insurance policy, or in the case of a hit and run accident where there is no available uninsured coverage, filing a claim with the New York’s “Motor Vehicle Accident Indemnification Corporation”, also known as MVAIC. If a claim is filed with the MVAIC, there is the potential for compensation only up to the New York State minimum insurance proceeds for injuries suffered in a car accident ($25,000.00), or up to $50,000 for death from a car accident with an uninsured driver. MVAIC conducts an extensive investigation of the circumstances of the accident and the injuries suffered before resolving cases, which can include requiring the client to appear for a deposition, where the injured person is asked questions under oath as to the circumstances of the accident, his or her injuries, hospital and medical treatment, medical and hospital expenses, and lost earnings. Additionally, MVAIC can arrange for physical examination(s) by specialists such as an orthopedist, neurologist or other medical providers. Further, there are some cases in which MVAIC refuses to make a settlement offer and must be sued in order to pursue compensation in an uninsured accident. As the maximum compensation for uninsured claims is often inadequate, it is advisable for clients to obtain the maximum available uninsured insurance coverage to protect themselves against the possibility of an accident with a financially irresponsible other driver. Often, insurance companies and insurance brokers will fail to advise drivers of this imperative insurance coverage, as an incentive to provide lower premium quotes. However, to paraphrase an old saying, when it comes to protecting yourself from uninsured or underinsured drivers, never be “pennywise and pound foolish.”

Contact our office today for a free consultation to discuss your car accident or other personal injury case in detail.