Unlicensed teen leads police on chase through Staten Island July 8, 2009

Silive is reporting that a teenager led cops on a chase through Staten Island today, causing pedestrians and other drivers to dodge his car as he ran through red lights and stop signs. Although it doesn’t appear that the chase caused any injuries, as an attorney, I always look at “what if?” – what if he did hit a pedestrian or hit a car – whose insurance would cover the loss?

Although the driver was unlicensed, the car he was driving may still be “insured.” The insurance company for that car may try and disclaim coverage – that means that they will say they are not responsible to pay because the terms of the policy were violated – and the car will be “uninsured.” In order for the insurance company to try to disclaim coverage, they may claim that the car was taken without permission by the unlicensed driver. Under the terms of most insurance policies, the lack of  ”permissive use” may allow the insurance company to decline any financial responsibility. As the car’s owner, although you have paid your insurance premiums, your insurance company will not stand by you, despite what the TV commercials may say, and you will be left to defend any claims made against you on your own.  At your expense.

If you are a pedestrian, and don’t own a  car, you may apply for medical benefits and compensation for your pain and suffering through the New York State Motor Vehicle Accident Indemnification Corporation, or MVAIC. MVAIC protects New York State residents from accidents involving ”hit and run” or uninsured drivers. The MVAIC benefits are the minimum financial benefits mandated by New York State law, which in some circumstances, may be insufficient to compensate you for your injuries.

If you own a car, you may be able to proceed under the “uninsured motorist” coverage of your own car insurance policy. If you have done your homework and read my book, A Lawyer’s Guide to Car Insurance, you will have already purchased sufficient insurance to protect you in an accident. If you have only the New York State minimum required insurance, you may not be able to recover enough money to cover your losses.

If the driver was unlicensed but still had the owner’s permission to use the car, that car’s insurance will cover you against the physical and financial losses that you may sustain, provided you reach the “No-Fault Threshold.” Regardless of the extent of your injuries, you will be eligible for no-fault benefits, which provides medical coverage and lost earnings due to the accident. However, unless you sustain a  “serious injury” in the accident, you may not be able to sue for your injuries.

It is important that if you own a car, you purchase sufficient insurance to protect you in a car accident. Unfortunately, most people discover too late that their policy doesn’t provide them with enough coverage in the scenarios discussed above. Take the time to read through the declaration page of your insurance policy and speak with your broker to make sure you are covered.

Frank Dito is a New York Personal Injury attorney specializing in New York real estate law , New York business law, and New York franchise law. You can visit his Law Firm Decker, Decker, Dito and Internicola website by clicking here, download his FREE New York Car Insurance book, or call him at 718-979-4300 or 1-800-310-5520 for a free case analysis.

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