Another driver claimed I went through a red light and struck them. But the other driver actually caused the accident. I found out from police at the scene that this driver did not have a valid license at the time of the accident. I do not think anything this driver says should matter since they did not bother to have a valid license. What will happen to my injury claim and my car?
Claims for Injuries and Property Damage
In prior posts, I have covered the procedures for your claims for your injuries and property damage. You should notify your insurance carrier about the accident. The first claim you will pursue will be for no-fault benefits. As explained in a prior post, each New York insurance policy has a mandatory endorsement covering these benefits. The no-fault benefit covers your medical bills, lost wages and incidental expenses.
If the other vehicle was uninsured, the second claim you may pursue will be for an uninsured motorist benefits claim for your personal injuries. Each New York policy has a mandatory endorsement for uninsured motorists. As explained in prior posts, your own insurance company stands in the place of the offending driver. You make the claim for your injuries against your own insurance company. These claims are settled in arbitration as opposed to a case in Supreme Court.
Finally, the claim for property damage to your car should be covered under a collision endorsement in your car insurance policy. A prior post explained the collision endorsement. This endorsement is not mandatory. But if you financed or leased your car, it will have a collision endorsement. The collision claim pays you for your property claim less your deductible. Your insurance company has the right to pursue the claim on your behalf against the offending driver.
Unlicensed Driver and Unregistered and Uninsured Vehicle
Unfortunately, the fact that the other driver was unlicensed will not bear on any of your claims. The unlicensed driver will face criminal penalties, but the lack of a license is not relevant to the operation of their vehicle at the time of the accident. Dalal v New York, 262 AD2d 596, 692 NYS2d 468 (2d Dept 1999); Huff v Rodriguez, 88 AD3d 1274, 930 NYS2d 717 (4th Dept 2011).
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.