URL: https://www.morellilaw.com/areas-we-serve/buffalo-ny/car-accident-lawyer/uninsured-car/
Title: Buffalo Uninsured Car Accident Lawyers | Car Accidents | Morelli Law Firm
Meta Description: A car accident can cause many severe consequences, including wrongful death and property damage. An uninsured accident is worse still because the at-fault driver is usually unable to pay reparations. A Buffalo uninsured car accident lawyer can help you or your loved one recover maximum compensation for damages suffered in such an accident.
Buffalo Uninsured Car Accident Lawyer
Some drivers are not under the protection of insurance. An uninsured driver is any motorist who drives a car without the legally stipulated minimum liability insurance cover. Such people complicate the process of getting compensation when they cause crashes. If you or your family members are dealing with such a situation, contact our Buffalo uninsured car accident lawyer to get fair compensation for your injuries. Call Morelli Law Firm today at (212) 751-9800 for expert legal advice regarding your case.
An uninsured motorist can leave you or your loved one in debts arising from many costly and painful injuries, such as broken bones, spinal cord damage, and traumatic brain injuries. Wrongful death can be hard to bear. It is only fair that the at-fault driver pays for all damages.
However, getting the fair compensation you deserve may be challenging without expert legal counsel.
Uninsured Motor Coverage and No-Fault Laws
Under these laws and regulations, if you suffer injuries after a car accident, you can recover damages even if the crash perpetrator cannot afford to pay for your damages.
According to Section 5104 of New York’s Insurance Law, if the accident led to serious injuries, victims or surviving family members of a loved one who died in the crash can file a negligence case against the at-fault motorist.
A Buffalo uninsured car accident lawyer can help you identify all avenues of seeking monetary compensation for your injuries.
The New York law defines serious injuries like those that can result in complications such as:
- Miscarriage
- Disfigurement
- Death
- Inability to use a body organ permanently
- Permanent limitation of a body organ, system, or function
- Fractured bones
- Dismemberment
- Inability to live your daily life permanently, or for the time the New York law dictates
If you live in Buffalo or its outskirts, and suffer injuries in an uninsured accident, get in touch with a lawyer immediately. The legal professional will safeguard your interest, especially in such a case where the at-fault driver is uninsured or underinsured.
A lawyer can help you recover all of your economic and non-economic damages.
Recover Maximum Compensation Through a Buffalo Uninsured Car Accident Lawyer
If you are looking for compensation after an uninsured car accident, you need first to ask your insurance carrier for a settlement.
You can consider bringing an injury claim against the uninsured driver if you or your loved one suffered serious injuries in the crash.
Doing so can entitle you to various kinds of damages, including:
- Medical bills
- Lost wages
- Pain and suffering
- Lost earning capacity
- Loss of enjoyment of life
If you lost your family member in the uninsured driver car crash, you could file a wrongful death claim. It is a civil case or claims that you can bring on behalf of a departed loved one. Therefore, you will be taking legal action that the deceased would have taken if the injuries did not result in death.
A wrongful death claim can entitle you to some of the above-listed damages in addition to others, including the loss of parental care, loss of consortium, and burial expenses.
Recklessly driving an uninsured vehicle is a show of carelessness and irresponsibility. When drivers engage in such behaviors, they risk their own lives and put other road users in peril. In such cases, a Buffalo uninsured car accident lawyer can help you claim punitive damages.
A judge can award punitive damages to prevent the culprit from repeating the same mistake.
Do not let an uninsured driver leave you with high medical bills and other damages after a car crash. Get in touch with Morelli Law Firm for legal help with pursuing compensation.
Call us at (212) 751-9800 for an evaluation of your case.
Statute of Limitations in New York
New York’s statute of limitations demands that you have to file your injury claim within three years from the car crash date to receive compensation. The civil law defines the personal injury lawsuit, and there may not be any need for you to show up in a courtroom.
However, if our attorney cannot win a fair settlement amount, we can fight for your interests in court. We understand that your injury claim may be challenging to pursue, especially if it might violate the statutes of limitations. However, we will work closely with you and other experts to ensure your claim is compelling and you receive the compensation you merit
Our Buffalo uninsured car accident lawyer can help you ask for the tolling of statutes of limitations. The judge allows you to seek compensation even if the stipulated three years have already passed.
The judge may allow it under some special circumstances, including:
- Minor victims—The statutes of limitations start to run when underage victims reach 18 years, and it expires at 21 years.
- Incapacitation—Suppose the accident left you or your loved one in a coma for years or mentally incapable of filing a claim. The court may consider such factors as reasonable grounds for pausing the statute of limitations.
- Incarceration—This occurs when the victim is put in jail before getting the opportunity to file an injury claim.
- Late discovery of injuries—For example, if you suffered internal injuries, you may not know the extent of the damage until years later.
Do not opt for tolling when you still have time to file your case. Tolling is at the discretion of the judge. Therefore, get in touch with a lawyer within the initial three years to control the claim process.
Your lawyer can help you put the necessary documents in order and adhere to vital legal deadlines.
Contact the Morelli Law Firm for a Free Consultation
Apart from the complicated legal processes in uninsured accident claims, insurance companies do not easily let go of their money, even if your injuries are genuine. However, our Buffalo uninsured car accident lawyer can handle the negotiations with the insurance adjusters and ensure you get every dollar you deserve. Call Morelli Law Firm at (212) 751-9800 for a free consultation on how we can help your case.
References:
- https://www.aans.org/Patients/Neurosurgical-Conditions-and-Treatments/Spinal-Cord-Injuryhttps://www.nysenate.gov/legislation/laws/ISC/5104#:~:text=(a)%20Notwithstanding%20any%20other%20law,case%20of%20a%20serious%20injury%2C
- https://www.justice.gov/archive/victimcompensation/law_ny.pdf
- https://centerjd.org/content/fact-sheet-punitive-damages-rare-reasonable-and-limited-2011
- https://www.nysenate.gov/legislation/laws/CVP/214
- https://www.nysenate.gov/legislation/laws/GMU/50-E