What Happens When You’re Hit by an Uninsured Driver in Brooklyn?
New York’s insurance system provides several ways to recover money if an uninsured driver strikes you on a Brooklyn street. Your own car insurance policy includes mandatory No-Fault benefits and Uninsured Motorist (UM) coverage to handle medical bills and pain and suffering.
If you do not own a vehicle, a state program called MVAIC offers a safety net for residents of the five boroughs. If you know what happens when you’re hit by an uninsured driver in Brooklyn, you know exactly what to do in the moment of crisis.Speaking with a Brooklyn car accident attorney can also help you understand your rights and determine the next steps for seeking compensation.
Facts Regarding Brooklyn Uninsured Driver Claims
- New York law requires every auto policy to include a minimum of 25,000 dollars in Uninsured Motorist coverage per person.
- The New York Department of Financial Services mandates that No-Fault insurance pays for medical treatment regardless of whether the other driver has a policy.
- Victims have 30 days from the accident date to file a No-Fault application with the correct insurance carrier.
These regulations ensure that people injured near the Brooklyn Navy Yard or on Atlantic Avenue possess a way to pay for their recovery. Following the correct filing procedures protects your right to full financial support.
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Accessing MVAIC for Uninsured Victims
Some people in Brooklyn do not own a car or live with anyone who has an insurance policy. The state created the Motor Vehicle Accident Indemnification Corporation (MVAIC) to help these individuals. MVAIC provides the same basic benefits as a standard insurance policy, including No-Fault and UM coverage.
Qualifying for MVAIC requires proof that no other insurance exists for the accident. Pedestrians hit by an uninsured car in a neighborhood like Bushwick often rely on this program.
MVAIC has very strict reporting rules and deadlines that victims must meet to stay eligible.
- Victims must report a hit-and-run accident to the police within 24 hours.
- Filing a Notice of Intention to make a claim with MVAIC must happen within 90 days.
- Claimants must prove they were not at fault for the accident to receive UM benefits.
This program acts as a final safety net for those with no other options. It ensures that even the most vulnerable residents of Brooklyn receive medical care and compensation after a collision.
FAQs: What Happens When You’re Hit by an Uninsured Driver in Brooklyn?
Brooklyn residents often have specific questions about how to handle the financial results of a crash with an uninsured driver.
Can I get a settlement if I do not have my own car insurance?
Yes, if you do not own a car or live with someone who does, you can seek benefits through MVAIC. This program provides No-Fault and UM coverage to Brooklyn residents who have no other insurance options. You must meet strict filing deadlines, including reporting a hit-and-run to the police within 24 hours.
Does UM coverage pay for my missed time at work?
No-Fault insurance pays for the first portion of your lost wages, covering 80 percent of your pay up to 2,000 dollars a month. If your losses exceed these amounts, you can seek the remaining lost wages through a UM claim. This allows you to recover the full value of your lost earnings if your injuries are serious.
What happens if a driver from another state hits me in Brooklyn?
If an uninsured driver from another state like New Jersey or Connecticut hits you in Brooklyn, your UM coverage still applies. New York insurance policies protect you from uninsured drivers regardless of where the other vehicle is registered. Your insurance company handles the claim just as they would if the driver lived in Brooklyn.
Do I have to go to court for a UM claim?
Most UM claims use arbitration rather than a traditional court trial. Arbitration is a more private and faster process where a neutral person decides the case. While you may have to provide testimony, it usually happens in a conference room rather than a public courtroom. Many cases settle before an arbitration hearing ever takes place.
Will MVAIC pay if I was at fault for the accident?
MVAIC provides No-Fault benefits even if you caused the accident. These benefits cover your medical bills and a portion of lost wages. However, you cannot receive UM benefits for pain and suffering if you were the primary cause of the crash. MVAIC only pays non-economic damages to victims who were not at fault.
Is there a limit on how much I can receive from MVAIC?
MVAIC provides the state-mandated minimum coverage. This includes up to 50,000 dollars for medical bills and lost wages under No-Fault. For pain and suffering, the limit is 25,000 dollars per person. If your injuries are very severe, these limits might not cover all your losses, which is why carrying higher limits on your own policy is a good idea.
Call Tucker Lawyers About Your Case
Dealing with an uninsured driver claim in Brooklyn requires a firm understanding of both private insurance and state-funded programs. A skilled Brooklyn personal injury lawyer can help navigate these complex rules and identify all available sources of compensation. Tucker Lawyers advocates for victims across the five boroughs to ensure they receive every dollar of compensation available.
We manage the filings with MVAIC and the negotiations with your own insurance company.
Call Tucker Lawyers today to discuss the facts of your uninsured driver accident. John J. Tucker, Esq., Managing Attorney, and our team of advocates help people from Flatbush to Williamsburgh secure the financial support they deserve.
Our team stands ready to speak with you about how to hold the negligent parties accountable and protect your future.