Car accidents are stressful, but the situation can become even more daunting if you find out the at-fault driver is uninsured or underinsured. This can lead to concerns about how to obtain the compensation you deserve. If this reflects your circumstances, keep reading to discover what steps you can take in your pursuit of justice and how a dedicated New York City Car Accident Attorney support you during this challenging time.
How Should I Proceed if the Other Driver is Uninsured?
First, it’s important to understand that as long as you have auto insurance, you will have some coverage in these matters. In New York, all drivers are required to carry uninsured motorist coverage. This type of coverage pays for injuries and lost wages if you or your passengers are hit by an uninsured driver. It’s important to note that the minimum coverage limit is $25,00 per person and $50,000 per accident. Although this can help cover damages sustained in a minor collision, it may not cover more serious crashes. If your uninsured motorist coverage doesn’t cover the full extent of the damages you have endured due to the other driver, you can pursue a personal injury claim against them. Before taking legal action, it’s in your best interest to discuss your legal options with a seasoned attorney.
What Damages Can I Seek in a Personal Injury Claim?
A personal injury award may include two types of damages: economic and non-economic. These are compensatory damages which are designed to financially compensate a victim for the actual losses they incurred due to the actions of another party. Essentially, they are intended to place a victim in the position they would be in if the injury had never occurred.
It’s important to understand that economic damages reflect tangible losses that can be supported by receipts and other documentation. This may include past and future medical expenses, lost wages, property damage, and any other out-of-pocket losses. Non-economic damages, on the other hand, reflect intangible losses that are not easily quantifiable in monetary terms. These funds are intended to compensate for the subjective impact of an injury on a victim’s quality of life. This may include pain and suffering, mental anguish, loss of enjoyment of life, and disfigurement.
In extreme cases, the court may award punitive damages which are not designed to compensate the victim but rather punish the defendant for engaging in egregious conduct and deter future similar actions. You should also note that New York is a pure comparative negligence state, which means that you can still recover compensation if you were partially at fault for an accident. However, the amount you can receive for your damages will be reduced based on your degree of fault for the collision. Therefore, it’s crucial to connect with a seasoned attorney who can help you understand your legal rights, gather evidence, and negotiate a fair settlement or represent your interests in court.
At Swerling Law, we are prepared to help you fight for the funds you need to get your life back on track. Contact our firm today to learn more about what we can do for you during these tough times.
