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Posted on 02/14/2023 in Category 1

What to Do If You are Hit While Driving Someone Else’s Car in New York

What to Do If You are Hit While Driving Someone Else’s Car in New York

Being hit while driving someone else's car can be a stressful and confusing experience for anyone. Whether you were at fault or the other driver was, the situation can cause a lot of uncertainty and legal issues. For starters, if you were at fault, you will likely be liable for any damages or injuries that resulted from the accident. Additionally, the other driver may choose to pursue legal action against you, even if the accident was not your fault.


If the other driver was at fault, things may not be as clear-cut. Depending on the circumstances, you may be able to seek compensation from their insurance company. However, if they were driving without insurance or had a lapsed policy, this can make things more complicated. In such cases, you may need to seek legal representation to help you navigate the process and ensure that you are properly compensated for any damages or injuries you sustained.


Another important consideration is the fact that you were driving someone else's car. This may affect your own insurance coverage. If you were covered under the other person's policy, you may be able to file a claim with their insurance company. However, if you were not covered under their policy or if you were not listed as a driver, your own insurance policy may not cover any damages or injuries you sustained.


The best way for those involved in a car accident in another person’s car must make sure to follow the proper steps to ensure they follow the law and set themselves up for success if they want to receive compensation for their damages. If there are any questions or concerns about the process, it’s important to contact a New York car accident lawyer, so they can walk you through the process. 


Seek Medical Attention

Even if there are no obvious injuries after a car accident, seeking medical attention is always recommended. There are many injuries that can result from car accidents that do not manifest immediately following the incident. After a car accident, anyone experiencing symptoms such as passing out, confusion, numbness, or tingling in their arms or legs should call 911 immediately. A serious injury may result in extensive medical treatment or even death if these signs are present. 


It is important for faultless drivers to keep a record of their symptoms, doctor visits, and any physical therapy they need in order to maximize their compensation. When going to the doctor, the patient should provide a detailed description of the accident. In the event that the injured party fails to do so, the insurance company may accuse them of exaggerating their injuries, or even of lying about them.


Notify The Vehicle’s Owner

While you may not want you, it’s your responsibility to notify the car’s owner of the accident involving their vehicle. They will then have to notify and file a claim through their insurance company. It is likely that the vehicle's insurance will cover the accident if you had permission to drive the vehicle. There is, however, a wide range of insurance coverage available depending on the owner. 


Most car owners carry a minimum level of auto insurance coverage. It should be noted, however, that other drivers may purchase optional insurance coverage that could be applicable to your accident. To determine the benefits you might receive for accident-related injuries and damages, you must verify the vehicle's insurance coverage. 


In New York, drivers are required to carry minimum levels of car insurance coverage. New York requires the following types of car insurance:

  • An insurance policy covering bodily injury liability of $25,000 per individual ($50,000 per accident if two or more individuals are involved)

  • An insurance policy covering $50,000 for the death of one person ($100,000 for the death of more than one person in an accident)

  • Insurance coverage of $10,000 for property damage

  • $50,000 in no-fault insurance (PIP)


It is important to keep in mind that you must be listed as an authorized driver on the insurance policy if you regularly drive the vehicle. Owners of vehicles may be denied claims when they fail to disclose drivers in order to reduce their insurance premiums. In all other cases, the insurance policy should apply in accordance with its terms and conditions. 


File A Claim Against Negligent Driver - If You Weren’t At Fault 

If you suffer a "serious injury" in a car accident caused by another driver, you can file a claim against their liability insurance for compensation beyond your PIP insurance coverage. This includes economic damages and non-economic damages, such as pain and suffering, which PIP does not cover. However, insurance companies may try to minimize their payout and it is recommended to seek legal counsel from a knowledgeable car accident lawyer in New York City to protect your rights.



What Happens If The Negligent Driver Has No Insurance?

If you're in an accident with an uninsured driver, you may be able to receive compensation through the car owner's uninsured motorist (UM) insurance. Uninsured motorist coverage is issued to provide financial compensation in the event an accident occurs and the negligent driver is uninsured. Filing a UM claim can be a better option than a personal injury lawsuit against the uninsured driver, who may not have the means to pay a judgment. 


If a negligent driver does not have insurance, the victim may be able to file a claim under their own uninsured motorist coverage. However, if the victim does not have uninsured motorist coverage, they may need to pay for their own damages out of pocket. In such cases, it is recommended to consult a car accident attorney to explore other legal options for compensation.


Contact  A New York City Car Accident Lawyer 

Hiring a New York City car accident lawyer after being in an accident with an uninsured motorist is crucial to ensure that your rights are protected and you receive the maximum compensation possible. The process of filing a claim with an uninsured motorist can be complex and insurance companies may try to minimize their payout. An experienced car accident lawyer will have a deep understanding of the law and can guide you through the claims process, negotiate with insurance companies, and fight for your rights in court if necessary. Furthermore, a lawyer can assist in determining the value of your claim, ensuring that all relevant damages are included in the settlement, and advising you on your legal options. In short, having a knowledgeable car accident lawyer by your side increases the chances of a successful outcome and helps you get the compensation you deserve.

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