What happens if the person at fault in an accident has no insurance in NY?
Asked by: Dr. Dolores Parisian | Last update: December 28, 2025Score: 4.7/5 (40 votes)
What happens if the person at fault in an accident has no insurance in New York?
If the other driver does not have liability insurance, they are breaking the law and could face penalties such as fines or suspension of their driver's license. The requirement to purchase liability insurance might confuse some people because New York is a no-fault state.
What happens if the other driver is at fault but you have no insurance?
In situations where you are not insured but the other driver is at fault, you can still file a claim against the at-fault driver's insurance company for damages. Your lack of insurance does not negate your ability to pursue compensation under California law.
Who pays for car damage in a no-fault state in New York?
New York is a “no-fault” insurance state, which means that insureds are generally reimbursed by their insurance company for damages regardless of who was responsible for causing the accident.
Do insurance companies go after uninsured drivers?
While insurance companies may pursue uninsured drivers to recover claim costs, the process can be complex and time-consuming. Uninsured drivers involved in accidents should seek legal counsel promptly to protect their rights and explore possible compensation avenues.
What happens if the person at fault in an automobile accident has no insurance?
Do you get money from no-fault insurance?
So let's start with a basic definition: no-fault insurance, sometimes referred to as personal injury protection insurance (PIP), can help cover you and your passengers' medical expenses and loss of income in the event of a covered accident, regardless of who is found at fault.
Should I file an insurance claim if I am at fault?
If you damage someone else's vehicle during a significant collision, and you're at fault, you should always file a claim.
Do I have to pay deductible if I was not at fault progressive?
If a driver hits you, your collision coverage will still cover the damage to your vehicle, but you won't have to pay your deductible. In some states, the driver must also be uninsured for a CDW to apply.
What happens if someone sues you for more than your insurance covers?
You may face a lawsuit for the uncovered amount when damages exceed your policy limits. The injured party could attempt to seize your personal assets, which may include: Savings accounts. Wages (via wage garnishment)
Is it worth suing an uninsured driver?
Suing the uninsured driver might not be worth it unless they are financially capable of satisfying a judgment. After a crash with an uninsured or underinsured driver, contact a car accident lawyer about your legal options.
Who generally pays more for car insurance?
Men tend to pay more for car insurance overall, though the difference is slight — about 1%. The difference is most pronounced for teens and young adults.
What happens if another driver refuses to give insurance?
Failing to abide by these requirements leads to penalties, including fines. More significantly, if a driver intentionally refuses to provide their insurance information, it can be considered a misdemeanor under California law. This can lead to further legal consequences, including potential criminal charges.
How to sue someone who has no car insurance?
- Gather Evidence. In order to build a strong case, it is crucial to gather as much evidence as possible. ...
- Consult an Attorney. ...
- File a Lawsuit. ...
- Seek Compensation Alternatives.
What happens when someone not on your insurance gets in an accident?
Insurance follows the vehicle, so if someone else drives your car and gets into an accident, your insurance will handle the claim. This is known as permissive use — your policy covers the damage, not theirs.
Do I have to report an accident to my insurance if I wasnt at fault?
Even if you find yourself as the victim of an automobile accident, it is important to inform your insurance provider, as stated in the guidelines set by the California Department of Insurance.
How does insurance work when it is your fault?
Who pays for an at-fault accident? If the situation is clear-cut, or one party admits that they caused the accident, the at-fault driver's auto insurance should pay for any property damage and medical bills, and in some cases compensation for other damages, such as pain and suffering.
Why do I have to pay deductible when it's not my fault?
Insurance companies collect deductibles every time they settle a claim, so they don't care who was at fault. You would not be at fault if your car was stolen from a secure facility, but you would still pay a deductible if you filed an insurance claim.
Will my insurance go up if I'm not at fault Progressive?
It may seem unfair, but accidents that aren't your fault may still increase your rate depending on your state and insurer.
Is it better to use your insurance or theirs?
After a car accident, you should notify your insurance company and file a claim, and not deal with the other driver's insurer. Except in rare circumstances, it is not wise to contact them. Your insurance company represents you, and the other driver's insurance company represents them.
Do I call my insurance if I'm not at fault?
Yes. Regardless of fault, it is important to call your insurance company and report any accident that involves injuries or property damage. It is a common myth that you needn't contact your insurance company if you aren't at fault.
Is NY a no-fault state?
There are two types of compensation systems in the United States for auto accidents: fault and no-fault. New York is a “no-fault” state, meaning that you do not need to rely on an insurance carrier to determine fault to collect on a claim.
Can you fight an at-fault accident?
You may need to file a lawsuit if you can't reach a settlement with the other driver's insurance company. This is a complex and time-consuming process; having an experienced personal injury attorney is important. California has a statute of limitations for filing a personal injury lawsuit.
Who pays for car damages in a no-fault state?
In no-fault states, each party carries insurance that pays for their own injuries, while the at-fault party typically pays for everyone's property damage.