Deciding whether to file a claim when you are not at fault for a car accident can be confusing, especially under New York State law. Understanding your options helps you make the best decision and ensures you receive adequate compensation for any damages or injuries.
Filing a Claim Against the At-Fault Party’s Insurance
In New York, your insurance policy typically covers your medical expenses and lost wages, regardless of who caused the accident. However, if your damages exceed your no-fault coverage or involve significant noneconomic damages like pain and suffering, you can file a claim against the at-fault party’s insurance. Doing so becomes even more important with serious injuries or substantial property damage.
For instance, if your medical expenses exceed $50,000 or you suffer a “serious injury” as defined by New York law, you have the right to pursue a liability claim against the at-fault driver. Gather all necessary documentation, such as medical records and repair estimates, to support your claim.
Uninsured and Underinsured Motorist (UM/UIM) Claims
If the at-fault driver lacks adequate insurance coverage, you might need to file a claim with your insurer under your Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. This step is critical, especially if the at-fault driver has no insurance or insufficient coverage to cover your losses.
Your UM/UIM coverage covers the gap between what the at-fault driver’s insurance can pay and the actual costs of your damages, including medical expenses, lost wages, and others. Review your policy and understand your UM/UIM coverage before proceeding with this claim.
Should I File a Claim with My Insurance if I’m Not at Fault?
The answer depends on the accident’s severity and your coverage type. Filing a claim with your insurance can speed up the repair process and ensure you receive immediate medical care without waiting for the at-fault party’s insurer to accept liability.
What to Do After a Car Accident That Is Not Your Fault
After an accident, take specific steps to protect your rights and facilitate any future claims:
- Report the accident—notify the police and get an accident report;
- Gather evidence—take photos of the scene, your vehicle, and any injuries. Collect contact information from witnesses;
- Seek medical attention—even if injuries seem minor, get a medical evaluation;
- Inform your insurance company—report the accident to your insurer immediately;
- Contact an attorney—a car accident lawyer can help you determine the best course of action.
Following these steps ensures you have the necessary documentation to support your claim and helps prevent delays in the claims process.
What to Do After a Minor Car Accident That Is Not Your Fault
Even minor accidents can result in hidden damages or injuries that manifest later. Filing a claim ensures you can seek compensation for any unforeseen issues. According to the Insurance Information Institute, approximately 13% of motorists are uninsured, highlighting the importance of understanding your UM/UIM coverage. Knowing your options and the specifics of New York State law is essential in making an informed decision after a car accident.
Speak with a Knowledgeable NY Car Accident Lawyer About Your Case Today
If you or a loved one was recently injured in a car accident, the dedicated New York accident attorneys at the Law Office of Theodore A. Naima are here to help. With more than 25 years of experience handling all types of motor vehicle accident cases, we have what it takes to ensure you receive fair compensation for what you’ve been through. To learn more and schedule a free consultation today, call us or fill out our secure online contact form.
Theodore A. Naima
Theodore A. Naima is the founding partner of the Law Offices of Theodore A. Naima, a Personal Injury & Medical Malpractice Law Firm based in New York. In 2015, Ted was awarded the prestigious AV Preeminent® rating from Martindale-Hubbell®, the company that has long been recognized as setting the gold standard for lawyer ratings, signifying the highest degree of peer recognition and professional excellence.
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