- September 10, 2024
- Tucker Law
- Car Accident Lawsuits
Being involved in a car accident is stressful enough under normal circumstances; dealing with an at-fault driver who’s uninsured adds a significant extra problem. To be sure you won’t have to face this issue, it’s important to know how to find out if a driver has car insurance in New York City.
Luckily, there are a number of ways you might be able to access this information. We detail them in this post, and provide some other useful pointers for car accident victims as well.
Ways to Find Insurance Info After a Car Accident
One of the first steps you should take after any accident is to ask the other driver(s) for their insurance information. Per the New York Department of Motor Vehicles (DMV), every driver involved in a crash that causes property damage or personal injury is legally required to share certain details with other parties to the incident, including insurance details. Failure to do this may constitute a hit-and-run offense, even on the part of a driver who is not at fault for an accident.
If the other driver is uncooperative or unable to provide the information, you can obtain it through the police report on your accident. Officers who respond to the crash will collect insurance details from all parties involved.
Alternatively, you could contact the DMV for assistance. The agency should be able to verify the insurance status of the at-fault driver with nothing more than their license plate number.
Do Drivers Have to Show Proof of Insurance After a Car Accident?
Yes, drivers in New York City are legally required to show proof of insurance after a car accident. This proof can include an insurance card, or some form of digital confirmation on an insurance company app or website.
Failure to provide proof of insurance at the scene can result in penalties, fines, and potential legal action. The police will document whether each driver has provided proof of insurance in their accident report, which can be accessed later.
It’s worth noting that the rules on exchanging insurance information apply whether or not you’re at fault for an accident. If another driver runs a red light and plows into the side of your car, you’re legally obliged to give them your details; if you don’t, you might be guilty of a hit-and-run offense.
It’s also important to remember that, while you must exchange insurance information, you’re not under any obligation to engage in conversation about the accident. In fact, you should try to say as little as possible to the other parties involved once your legal obligations have been fulfilled, and you should avoid speculating about the reason for the accident (or who was to blame for it). Any statements of this nature you do make could negatively affect an insurance claim or lawsuit you decide to file later on.
How Can I Use the Information?
First, it’s important to remember that New York is a no-fault state, per Article 51 of the state’s Insurance Laws. Regardless of who was at fault for your accident, your own PIP coverage will pay for your medical bills, up to its limits.
However, if you’ve had a more serious accident, you’ll likely need to file a lawsuit against the at-fault party’s insurer to get the compensation you need to get your life back on track. Of course, if you discover that the other driver was uninsured or underinsured at the time of your accident, it may not be worthwhile to sue them; even if you succeed, they may not be able to pay up.
If the at-fault party’s insurance policy is valid and you succeed in filing a claim against it, you should be entitled to coverage of the costs arising from your injuries and property damage, up to the limits of the policy. By law, the minimum limits on motor insurance policies in New York are:
- Bodily injury liability (BIL) coverage of at least $50,000 per accident and $25,000 per person
- Bodily injury caused by uninsured or underinsured drivers of at least $50,000 per accident and $25,000 per person
- Property damage liability of at least $10,000
- Personal Injury Protection (PIP) of at least $50,000 per person.
What to Do If the Other Driver Doesn’t Have Insurance
All vehicle owners in New York must carry a car insurance policy that provides coverage (up to certain mandatory minimum limits) for property damage and bodily injury, as well as personal injury protection (PIP).
When you suffer losses due to the careless driving of someone who did not have these types of coverage, you may be entitled to file for compensation under your own uninsured motorist coverage.
What to Expect When Filing a Claim Without the Other Driver’s Insurance Information
As noted above, uninsured motorist coverage is mandatory in New York. So, if you have a valid motor insurance policy in place, you should be able to file a claim against your uninsured motorist coverage to recover at least some of the compensation you need to cover your accident-related damages.
It’s worth noting that you can also file a claim on your uninsured motorist coverage if you get into an accident with a hit-and-run driver.
Again, though, policy limits can cause issues here. If you have a serious accident, you may well incur more costs than your uninsured motorist coverage will pay for. That’s why it’s important to consult with a lawyer as soon as possible after a car accident even if you have uninsured motorist coverage; your attorney will be able to estimate the likely extent of your damages and advise you about whether your own insurance policy is likely to cover all of them.
Hire a New York Car Accident Attorney Who Will Fight for Your Rights
When you’ve just had a car accident, you have countless things to take care of all at once. Dealing with the complexities of the law around an uninsured motorist shouldn’t have to be on the list.
Hiring a top-class car accident attorney is the best way to make things easier for yourself in this difficult situation. Contact us today to schedule a free initial consultation about your case and take the first steps toward justice. You can reach us via our online contact form or over the phone at (516) 399-2364.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]