Can you walk me through what happens if I'm hit by an uninsured driver in New York?
I am recently moved to New York. My insurance company told me that if my car is damaged by an uninsured driver, I have to have collision coverage to fix my car and pay a deductible. Is this right?
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Answered on May 13, 2021
“That is correct. Your collision coverage pays for damage to your vehicle caused by a collision or upset, regardless of who is at fault for the accident.
If the other driver is uninsured, you are unable to file a claim through their insurance, so you would file the claim through your own.
If the other driver is at fault for the accident, they are still liable for your damages. You could attempt to pursue them directly for the damages in court instead of filing a claim through your insurance, but there is no guarantee that they will have the ability to pay.
If you file through your own insurance, the company will have the right to recover money from the other party, and they will often attempt to recover your deductible for you in the process.”
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