Law Offices of Jay S. Knispel Personal Injury Lawyers - 450 7th Ave Suite 1605, New York, NY 10123 - Personal Injury Lawyers in NYC

New York’s personal injury law firm

Click For Your Free Consulation

What Should You Do if You Are Hit While Driving Someone Else’s Car in New York?

Posted in Car Accidents on October 27, 2022

What Should You Do if You Are Hit While Driving Someone Else’s Car in New York

There are times when we might need to borrow another person’s car. A car accident is upsetting enough when we are driving our own vehicle. However, being hit while driving someone else’s car in New York can be even more stressful.

The first thing to remember is to remain calm. You must take steps to protect your legal rights to fair compensation for injuries and damages caused by another driver.

Notify the Police and Seek Medical Treatment 

The first step is to call 911 to report the car accident to the police. The emergency operator dispatches police officers and emergency medical services to the accident scene. Try to locate the vehicle registration and insurance information (it is always wise to ask the owner about this information before you leave in another person’s car).

If the crash is minor, the police might not investigate. If that is the case, you must file a car accident report within 10 days with the New York Department of Motor Vehicles.

You should also see a doctor as soon as possible. Even if you feel “okay,” it is best to be checked by a physician. You could have injuries that might not present symptoms for a few hours or days after the crash.

Additionally, delays in medical care could negatively impact a personal injury claim. The other party might claim that you were not injured in the accident. They might claim a failure to mitigate damages because you did not seek prompt medical treatment for injuries.

Car Insurance Typically Follows the Vehicle

Notify the vehicle owner of the accident so the owner can notify their car insurance company. If you had permission to drive the vehicle, the insurance on the vehicle should cover the accident. However, the type of insurance coverage depends on the owner. 

Many owners have minimum car insurance coverage. However, other car owners purchase optional insurance coverage that could apply to your accident. Therefore, the first step is to verify the insurance coverage for the vehicle to determine the benefits you might receive for accident injuries and damages. 

New York requires drivers to purchase minimum amounts of car insurance coverage. The required car insurance in New York is as follows:

  • Bodily injury liability insurance of $25,000 per person ($50,000 per accident for two or more people)
  • Liability insurance of $50,000 for the death of one person ($100,000 per accident for the deaths of two or more people)
  • Property damage insurance of $10,000
  • No-fault insurance coverage (PIP) in the amount of $50,000

It is important to remember that if you drive the car regularly, you should be listed on the insurance policy as an authorized driver. Insurance companies may deny claims when the owners have failed to disclose drivers because they want to lower their insurance premiums. Otherwise, the insurance should apply according to the terms and conditions of the policy. 

No-fault insurance pays claims regardless of who caused the accident. Therefore, you should be able to file a claim with the owner’s PIP carrier. PIP insurance pays up to 80% of your lost earnings, reasonable and necessary medical bills, and up to $25 a day for other necessary and reasonable expenses. 

Filing a Claim Against the Driver Who Caused the Car Accident 

You can file an insurance claim against the at-fault driver’s liability insurance if you sustain a “serious injury.” The claim would be for economic damages exceeding the no-fault coverage and non-economic damages. A serious injury is defined by New York insurance law.

PIP insurance does not pay for all loss of earnings. Furthermore, PIP pays nothing for your pain and suffering (non-economic damages). Therefore, filing an insurance claim with the at-fault driver’s liability insurance company can result in significant compensation above the PIP payments. 

However, insurance companies try to limit their liability for accident claims. They use various tactics to undervalue and deny valid claims. The best way to protect your rights after a car accident is to seek legal advice from an experienced New York City car accident lawyer. 

Filing an Uninsured Motorist Claim After Being Hit by a Driver in New York

Uninsured motorist (UM) insurance compensates victims when an uninsured driver causes an accident. Therefore, if the at-fault driver does not have liability insurance, you might receive compensation from the car owner’s insurance company under UM coverage.

It might be better to file an uninsured motorist claim than to file a personal injury lawsuit against an uninsured driver. You are not guaranteed a positive outcome if you file a lawsuit. The driver might not have the funds to pay a personal judgment.

The best way to know what you should do after being hit while driving someone else’s car is to talk with a New York City car accident attorney. A lawyer reviews all legal options and advises you of the best options for receiving maximum compensation for a car accident claim. 

Contact Our Car Accident Law Firm in New York, NY

If you need legal assistance, contact the New York City car accident lawyers at Law Offices of Jay S. Knispel Personal Injury Lawyers at your nearest location to schedule a free consultation.

We have two convenient locations in New York:

Law Offices of Jay S. Knispel Personal Injury Lawyers – New York City Office
450 7th Ave #1605
New York, NY 10123
(212) 564-2800

Law Offices of Jay S. Knispel Personal Injury Lawyers – Brooklyn Office
26 Court St Suite 2511
Brooklyn, NY 11242
(718) 802-1600

Call Now Button