Can I Sue if I’m Hit by an Uninsured Motorist in New York?

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car accident new york ny

Car accidents remain the most common type of auto accident. If motorists simply obeyed the rules and regulations of the road, they could have averted the majority of these accidents. If you or someone you know have sustained injuries in a car accident through no fault of your own, you may have a valid personal injury claim. But can you sue if an uninsured motorist has hit you in New York? For more information on that very subject, please continue reading, then contact an experienced New York City car accident lawyer today.

Can you sue an uninsured motorist for a car accident in New York?

A person will generally pursue a claim against the negligent party’s insurance company when they have sustained injuries due to the negligence of another motorist. Even so, you may be confused and unsure of how to proceed if you are injured in an accident with someone who does not have insurance. Thankfully, you should be covered if you have insurance. The Empire State mandates that all motorists must carry at least $25,000 of third-party bodily injury coverage per accident. This coverage can be used to compensate for:

  • Death
  • Dismemberment
  • Significant disfigurement
  • Loss of a fetus
  • Fractures
  • Permanent loss or impairment of a limb or organ
  • Any injury that impairs someone’s ability to perform daily tasks for at least 90 days

In addition, our firm is here to assist you if this coverage does not cover the entire cost of your injuries. A skilled New York City auto accident lawyer can file a claim against your insurance company and pursue the full compensation you deserve.

What can a New York car accident lawyer do to help you?

An experienced New York City car accident lawyer can gather and present all additional evidence needed to satisfy the burden of proof on your behalf. In many instances, our firm can subpoena security camera footage of the accident as it happened, which is one of the best ways to win a personal injury claim.

How long do you have to bring forward a personal injury claim against an uninsured motorist in New York?

Every state has a statute of limitations in place to regulate the amount of time an individual can wait after an accident to sue the party responsible. The statute of limitations for personal injury claims in New York is, under most circumstances, three years, which means that you will, generally, have three years from the date of your accident to sue the liable motorist. Do not wait past the three-year mark, for if you do, you may permanently lose your right to sue. So, please do not hesitate to give our firm a call today.

Contact Our New York Legal Team Today

The Law Offices of Brian J. Elbaum handles a wide variety of personal injury cases, including those involving auto accidents, catastrophic injuries, and more. Contact us today to schedule your free initial consultation.

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