You still have legal options if the driver who caused your accident doesn’t have insurance. New York requires that all auto insurance policies include Supplementary Uninsured/Underinsured Motorists Coverage (SUM) by default. It exists primarily for these situations.
Being hit and injured by an uninsured driver doesn’t mean that you’re left with nothing. There are avenues for compensation through your own insurance or even through civil damages with the help of a Long Island personal injury lawyer.
Key Takeaways
- Supplementary Uninsured/Underinsured Motorists Coverage (SUM) is the primary way to recover damages when the at-fault driver doesn’t have insurance.
- You may have options to personally sue the at-fault driver and recover damages.
- You must pass the serious injury threshold to sue the uninsured driver for pain and suffering.
SUM Coverage for Injuries in a Long Island Car Accident
SUM coverage kicks in when the at-fault driver lacks liability insurance. You will file a claim with your insurer, which compensates you for damages, including pain and suffering, when your injuries meet New York’s serious injury threshold. How much you receive will depend on your SUM policy limits.
There are some crucial details to keep in mind:
- SUM coverage limits vary by insurance policy. Many Long Islanders carry the minimum, without realizing how serious injuries can quickly exceed it. It’s worth reviewing your SUM policy limits with your insurer today. Higher limits are available and are worth having.
- You must notify your insurer as soon as you learn that the other driver is uninsured/underinsured. Delays can complicate the claims process.
- No-fault PIP coverage still applies independently of SUM coverage or civil suits. It covers the first $50,000 of basic economic loss, which can include medical bills and lost wages.
Can You Sue an Uninsured Driver?
Yes, you can sue an uninsured driver personally for serious injuries sustained in an accident, but there are practical challenges. Uninsured drivers often lack financial resources, but there are specific circumstances where legal action makes sense.
- Suing the at-fault driver could be viable if they own property, a business, or other attachable assets.
- If they are employed, wage garnishments could be enforced to gradually recover damages.
- Judgments can be renewed when financial circumstances change.
The judgment in a civil case doesn’t expire overnight. If the at-fault driver’s scenario changes, your ability to collect damages can too.
The Bottom Line – Personally Suing an At-Fault Driver for Serious Injuries
An uninsured at-fault driver makes your case more complex, but not impossible. SUM coverage is your most immediate path to compensation, but a personal lawsuit against the driver might be a viable pathway to recover full damages.
If you were hit by an uninsured driver on Long Island, seek medical attention first, keep your records, and then contact The Raimondo Law Firm. A free case evaluation will determine the viability of claiming damages. We don’t charge anything unless we win, and we are available 24/7. Our experienced personal injury lawyers will identify every available source of recovery and fight to get what you are owed.
Talk to a personal injury lawyer by calling us at (631) 471-1222 today.
