New York insurance laws are designed to protect motorists who are injured in a car accident. These laws include no-fault provisions and minimum coverage limits. The insurance policies of out-of-state drivers do not always include the same terms. This potentially causes problems when you need to pursue compensation under their policies. It would be wise to contact a firm with experienced New York City car accident lawyers to help approach this potentially thorny problem.
To know whether
the out-of-state driver’s policy will complicate your claim, there a couple of
questions to ask:
- Was your injury severe or minor?
- Was the out-of-state insurance company registered to do business in New York?
In a nutshell, in
many cases, you can proceed as if the other driver had a New York-issued
insurance policy. In other cases, you may need to file an uninsured or
underinsured motorist claim— or take a different route to recovery.
Talk with an experienced personal injury attorney for a free consultation!
Did You Suffer A Serious Injury?
New York’s
no-fault laws provide that if you suffer a non-serious injury in a car
accident, fault does not matter. You are required to submit your claim to your
own insurance company, which will pay your expenses up to the policy limit.
The other
driver’s insurance situation will only be a factor if your injuries are deemed
“serious.” This would allow you to forego the no-fault system and
instead pursue a direct claim against the other driver. The claim would include
both financial losses like medical bills and lost income, and well as
non-economic losses like pain and suffering. State laws determine the types of
injuries that qualify as serious.
Was The Out-of-state Insurance Company Registered To Do Business In New York?
Further, if your
injury qualifies as “serious,” and another driver was at fault for
the accident, then that driver may be liable for your damages. This is where
the other party’s insurance comes into play.
If the
out-of-state’s insurance carrier is authorized in New York, the policy must
include coverage that meets our state’s minimums. That means that even if the
other driver is from a fault-based state with lower minimum coverage
requirements, their policy will adhere to New York regulations.
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How To File A No-fault Claim When The Accident Involves An Out-of-State Driver
If your accident
did not result in a serious injury, defined by New York law, you simply need to
file a no-fault claim under your own policy. The insurance carrier will want
information about the accident and evidence of your medical treatment before
making a settlement offer.
It is a good idea to speak with a personal injury lawyer before settling any claim. Your attorney will look for any indication that you could meet the serious injury threshold and also look out for your rights as you enter a binding settlement agreement.
Talk with an experienced car accident attorney for free!
Pursuing A Claim Of Serious Injury Against An Out-of-State Driver
If your injury is
deemed serious— or you incurred more than $50,000 in economic damages, you may
file a lawsuit against the other party.
The other party’s
insurance coverage does not determine whether they are legally responsible for
your losses, but it does determine how likely you are to collect damages. For
example, if the at-fault driver is uninsured and has no collectible assets, you
may need to pursue an uninsured motorist claim under your own policy to receive
compensation.
Speak with an uninsured motorist accident attorney to discuss the route you need to take to collect against the negligent driver. They can also determine the following: which court has jurisdiction, the filing deadlines that apply, whether there are any other potentially liable parties you should include, and other essential factors.
Contact Douglas & London Today
An out-of-state
driver is just one of many factors that can unexpectedly complicate your car
accident claim. Get expert advice from someone who has seen this and many other
situations before.
Call Douglas & London today— to speak with our New York City personal injury lawyers about your rights and responsibilities. We proudly serve New Yorkers and offer free, confidential consultations to help you decide before making a commitment.
