Question

Hit by uninsured driver, will my insurance pay me?

If a newly licensed uninsured driver has an accident, will the insured driver of the other car be paid by his insurance to fix his car and any medical expenses? Both cars had damage but drive able. Police report filed. No apparent injuries. Will I be covered by his ins. for damage or medical expenses?

May 8, 2018 Stony Brook, NY

Answer
Ava Lynch

May 8, 2018

In New York, you're required to have uninsured motorist coverage, so you would be filing a claim under that coverage for your medical expenses. However, there isn't a legal requirement for the uninsured motorist property damage coverage - which you would use to file a claim for the damage to your vehicle. I would check with your policy to see if you have this coverage. For your property damage, there is a deductible which your car insurance company would reimburse you for. If you don't have these coverages, your next option would be to file a collision claim. Now, the tricky part about this you will be rated for an at-fault accident which can be costly. If this is the way you go, I would get an estimate for the repairs and see if the at-fault party can compensate you for it. This way, you're able to avoid filing a claim and being rated for an at-fault accident. Either way, I would contact your insurance company's claims department and get their advice - at least for the uninsured medical claims.

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