In both New York and Pennsylvania, negligent motorists are supposed to pay for the injuries they cause because of their careless driving. Also in both states, all drivers must either carry insurance or otherwise prove that they can pay for any damages they cause out of pocket.
Unfortunately, too many people simply ignore these laws and drive with no way to pay if they cause a serious motor vehicle accident.
In other cases, a driver may have insurance, but it is not nearly enough to cover the cost of the injuries they cause. After all, medical care alone can run into seven figures after a severe accident.
Although one option is to pursue the negligent driver for their personal assets like their house, car or bank account, many times this option is very expensive but yields little or no fruit. Also, in most cases, a negligent driver can protect themselves by filing for bankruptcy.
First party, uninsured motorist, and underinsured motorist coverages are available
Fortunately, both Pennsylvania and New York allow residents to purchase certain coverages as part of their auto policy that can protect them if a negligent driver causes them injuries but cannot pay compensation.
For example, auto insurance companies in Pennsylvania must by default provide first party benefits as well as both uninsured and underinsured motorist coverages. New York has similar coverages. Although the concept is the same, New York uses different names for these coverages, and the coverages work differently in some respects.
First party benefits allow injured motorists to get assistance from their own insurance companies without regard to who was at fault for an accident.
Uninsured and underinsured motorist coverage will protect a policyholder if a negligent driver injures them in an accident and that driver cannot pay what they owe. Again, the policyholder pursues their own insurance company for payments.
Even though one is dealing with their own insurer, successfully filing a claim for these benefits can be difficult and frustrating. A person who has these benefits and needs to pursue a claim should make sure they understand their legal options.