At Morelli Law Firm, we offer free case evaluations to car accident victims. If the motorist who hit you did not have car insurance, our experienced car accident lawyers in Albany can help you understand your options for seeking damages. We have over 40 years of experience advocating for injury victims. Call today to get started.
Albany Drivers Should Carry Uninsured Motorist Protection
Navigating New York’s auto insurance system is not easy and can quickly become overwhelming. Our Albany personal injury lawyers will tell you everything you need to know to make easy decisions about your case.
According to the New York State Department of Financial Services (DFS), all drivers in New York State should have uninsured and underinsured motorist coverage, at least in the same minimum amount as their liability coverage.
This type of policy should pay out if:
- An uninsured driver caused your Albany car accident.
- You were the victim of an Albany hit-and-run collision caused by an unknown driver.
- You were an occupant of an uninsured vehicle and did not know.
- You were a pedestrian or bicyclist hit by an uninsured driver.
This is the type of coverage you may rely on if you suffer car accident injuries beyond your no-fault coverage, but the driver who caused your accident did not have a liability auto insurance policy. To get a payout through this coverage, you will need to take several steps.
Our experienced car accident attorneys will show that you qualify for coverage beyond your no-fault policy, that the other driver caused the accident, and that the other driver lacked liability coverage.
Have You Been Injured In An Accident? Contact Morelli Law
877-751-9800Understanding New York’s No-Fault Auto Insurance Laws
New York has a type of no-fault auto insurance law that requires passenger vehicle owners and drivers to have a Personal Injury Protection (PIP) insurance policy. Under this system, those injured in collisions have the opportunity to quickly access no-fault benefits of up to $50,000 for their losses without needing to prove who caused the crash.
The system has both advantages and drawbacks. The main disadvantage is that you may not be able to recover your full losses if these exceed policy limits. This can be especially devastating news for those who were severely hurt or suffered extensive property damage.
There are, however, certain circumstances that allow you to step outside the no-fault insurance system and get more money. As experienced uninsured accident attorneys in Albany, we will review all your options.
You Suffered Serious Car Accident Injuries
You could step outside of New York’s no-fault insurance system if you were severely hurt in a crash. An Albany uninsured car accident attorney will analyze your medical records and other types of relevant documents to determine if your injuries are serious enough to pursue this path.
Severe injuries like traumatic brain injury (TBI) typically require extensive medical treatment, rehabilitation, and ongoing care. The physical and emotional toll is immense, affecting not only the injured individuals but also their families. Victims may face loss of independence, inability to work, and a diminished quality of life.
According to the New York Civil Insurance Laws (ISC) §5102(d), the following conditions qualify as serious injuries:
- Fracture
- Severe disfigurement
- Dismemberment
- Permanently losing the use of a body member, organ, function, or system
- Significant limitation of use of a body system or function
- Permanent consequential limitation of use of a body member or organ
- Losing a fetus
- A fatal injury
You should go to a hospital after a car accident. A thorough examination by healthcare professionals ensures that all injuries are identified and treated early, preventing complications and promoting faster recovery. Additionally, medical records from a hospital visit provide essential documentation for any insurance claims or legal actions you may pursue.
Morelli Law Firm will build a robust case to support your claim and hold the at-fault driver accountable. We collaborate with accident reconstruction teams, medical experts, and other professionals to establish the facts, determine liability, and assess the value of your claim.
Basic Economic Losses Over $50,000
Basic economic losses encompass expenses incurred after an accident up to a limit of $50,000. If your crash-related costs exceed this amount, you may be eligible to step outside the no-fault insurance system to seek additional compensation.
Basic economic losses include:
- Medical bills
- Loss of earnings
- Non-medical remedial care in accordance with a religious method of healing recognized by state laws
- Any other professional health services
- Psychiatric expenses
- Other necessary expenses, up to $25 per day for not more than one year
As experienced Albany uninsured car accident lawyers, we will calculate your losses following the crash. We will use your bills, receipts, and other documentation to clearly demonstrate the total amount you have lost.
Recoverable Damages After an Accident With an Uninsured Driver in Albany
When you suffer injuries in an accident caused by an uninsured driver, there may be several options for securing a payout despite their lack of insurance coverage. In New York, all drivers must invest in no-fault insurance, known as a personal injury protection (PIP) policy.
This policy covers $50,000 of economic damages that occur as a result of the accident, no matter who caused it. This includes medical care, limited lost wages, and some additional expenses. It does not include car repairs or non-economic losses, though.
If you’re limited to filing a PIP claim, you can receive:
- Reasonable medical costs based on a published list of costs
- Up to 80% of your missed earnings, up to $2,000 each month for a maximum of three years
- up to $25 daily to cover related expenses
When a victim has serious injuries, like broken bones or loss of limbs, they will likely exceed the coverage of their PIP policy or need to seek additional types of damages to ensure they do not lose thousands as a result of their collision. This is when they may consider pursuing a claim based on the at-fault driver’s liability insurance.
However, a third-party claim is impossible when the negligent driver lacks liability insurance. At this point, the victim has two options: 1) file an accident claim based on their own uninsured motorist coverage, or 2) file a civil liability suit against the at-fault driver.
Unless there is a reason to believe the driver has assets to cover your losses, filing a lawsuit may not be helpful. Our team can look into your case to determine if this is an option, but we often pursue uninsured motorist claims instead.
File a Claim Based on Your Own Uninsured Motorist Coverage
Uninsured motorist (UM) coverage is an essential type of auto insurance designed to protect you if you’re involved in an accident with a driver who does not have liability insurance. This coverage ensures that you can receive compensation for damages and injuries that you would otherwise have to pay out of pocket.
This coverage also applies if you are the victim of a hit-and-run accident. It typically includes both bodily injury and property damage components, though specifics can vary by policy and state regulations.
By including UM coverage in your insurance plan, you safeguard yourself against the financial burden that can arise from accidents with uninsured drivers. This ensures that you have a safety net in place regardless of other drivers’ insurance statuses.
File a Civil Liability Suit Against the At-Fault Driver
When the at-fault driver lacks insurance, you could pursue a lawsuit to recover your losses. However, you should not do this without professional legal representation from an experienced uninsured car accident lawyer in Albany.
The process begins by filing a complaint in civil court, detailing the accident and the resulting losses. Evidence such as police reports, medical records, and witness statements will help establish the other driver’s liability and the extent of your damages.
Winning a judgment against the uninsured driver can result in a court order for them to pay the determined compensation. However, collecting the awarded amount can be challenging if the driver lacks sufficient assets.
Consulting an experienced personal injury attorney will maximize the chances of a favorable outcome. At Morelli Law Firm, we have a history of securing successful case results for clients. We know how to build a winning legal strategy.
Contact our Albany Car Accidents Lawyers today
877-751-9800Navigating New York’s Pure Comparative Negligence System
New York’s pure comparative negligence system is a legal framework used to determine the allocation of damages in personal injury cases where multiple parties may be at fault. Under this system, each party’s degree of fault is assessed as a percentage, and their financial compensation is reduced proportionately.
For example, if you are found to be 30% at fault for an accident, you can still recover 70% of the total damages from the other responsible parties. If the full amount is $100,000, you would still get $30,000. In fact, you could still recover some damages even if you were 99% responsible for the crash.
This approach allows plaintiffs to seek compensation even if they are predominantly at fault, as there is no threshold barring recovery. The pure comparative negligence system ensures a fair and proportional distribution of liability and encourages accountability among all parties involved in an accident.
The Right Albany Uninsured Car Accident Lawyers to Negotiate With Insurance Companies
Trusting the insurance company after a motor vehicle accident with an uninsured driver is not in your best interest. Insurance companies are for-profit entities primarily focused on minimizing their payouts to protect their bottom line. As a result, they might offer settlements that are lower than what you deserve or attempt to deny your claim altogether.
Additionally, insurance adjusters may employ tactics to devalue your claim. This can lead to inadequate compensation that does not fully cover your medical expenses, lost wages, and other damages.
Tactics insurance adjusters will use to devalue your claim include:
- Disputing the severity of your injuries
- Questioning the necessity of medical treatments
- Delaying the claims process
- Offering quick, low-ball settlements
- Misinterpreting policy language
- Arguing pre-existing conditions
- Minimizing property damage estimates
- Challenging liability or fault
- Requiring excessive documentation
- Using recorded statements against you
To ensure you receive fair compensation, consult an uninsured car accident attorney in Albany who can advocate on your behalf. We will accurately assess the value of your claim and negotiate more effectively with the insurance company.
Since we founded the law firm in 1998, we have dealt with claim adjusters many times. Our team has observed their strategies and devised effective ways to combat these and protect our clients’ interests.
Statute of Limitations on Filing Claims and Civil Suits in New York
If you need to file a civil lawsuit against the uninsured driver who hit you, New York Civil Practice Law & Rules (CVP) §214 generally offers you three years to name them as a defendant in a personal injury suit. If you do not meet this deadline, you may not be able to hold them accountable since they do not have insurance coverage.
There are also deadlines you must meet related to your PIP insurance policy, including time limits on notifying the insurer about the collision and a deadline for submitting your medical bills. Your insurer may also have deadlines for filing an uninsured motorist claim. After reviewing your case, we can determine how long you have to file a car accident lawsuit.
Contact our team to learn more about your case as soon as your injuries allow, and we can help you keep track and meet all of the necessary deadlines. If you are wondering when to call a lawyer after a car accident, the sooner you contact us, the more time we will have to work on your case. Also, if we are able to access evidence while it’s fresh, this can boost the value of your claim.
How Our Team Can Help Victims of Uninsured Drivers in Albany
An Albany uninsured car accident attorney from Morelli Law Firm helps accident victims file their uninsured motorist claims, fight a too-low payout offer, or fight a denied claim.
Our team can take additional action to show there is no liability insurance policy in place, prove fault and liability, document the client’s damages, and take steps to begin the claims process. We then work to reach a fair settlement based on our client’s damages.
Occasionally, we discover that the at-fault driver has assets that would cover the cost of our client’s losses, including pain and suffering damages and other intangible losses. When this occurs, we may seek financial compensation from them in a civil suit.
We provide legal representation to auto accident victims in New York State, south of Albany, New York City, and Long Island. We also have team members serving northern New Jersey and Philadelphia. If an uninsured motorist in Albany or any part of our service area caused your collision injuries, call Morelli Law Firm today.
Call Our Uninsured Car Accident Attorneys in Albany Today
Our team represents clients based on a contingency fee. You will not need to pay our team upfront for our services, and we will only get paid for representing you if we secure a payout in your case.
If you are an injured victim of a car accident caused by an uninsured driver, our team can assess your case to determine what you can do to recover maximum compensation for the losses you suffered. You can speak to a team member from Morelli Law Firm today at no cost. Contact us now.
Call or text 877-751-9800 or complete a Free Case Evaluation form
