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In the state of New York, what is the penalty for driving without insurance? What if you are involved in an accident and you are not at fault and the other person is insured?

According to the New York Department of Motor Vehicles (DMV), motor vehicles registered in New York State must have liability insurance. Insurance coverage must be a minimum of Bodily Injury of $25,000/50,000 for injury, $50,000/100,000 for death, and $10,000 for property damage caused by any one accident. These minimum liability limits in New York are sometimes together referred to as $25,000/$50,000/$10,000 or 25/50/10.

New York State is a no-fault state so Personal Injury Protection (PIP) coverage is also required. The liability coverage must remain in effect while the registration is valid, even if the vehicle is not used (except motorcycles).

The liability coverage must be NYS insurance coverage, issued by a company authorized to do business in NYS and licensed by the NYS Insurance Department. Out-of-state insurance coverage of any type is NEVER acceptable or valid. If your vehicle is registered in NYS, the liability insurance coverage must be NYS insurance coverage.

The NYS DMV also notes that Liability coverage must be issued in the name of the registrant and must remain in the name of the registrant at all times. A change on the insurance to a name different from the registrant causes a lapse in insurance coverage, and the driver license of the registrant and the registration is suspended.

NYS law requires you to surrender your vehicle plates to the NYS DMV before there is a lapse in your liability insurance. If you do not surrender your vehicle plates, the DMV will suspend your registration and driver's license.

If you are convicted of operating an uninsured motor vehicle or permitting another person to be operate your uninsured vehicle, your license will be revoked for at least one year. The same penalty applies if the Department of Motor Vehicles receives evidence that you were involved in an accident without being insured.

Some revocations require you to pay a civil penalty before your application can be accepted for a new license. This includes revocations for No Insurance or Uninsured Accident. These violations come with a $750 civil penalty.

The civil penalty is an additional monetary payment over the normal fine amount. NYS Vehicle and Traffic law 319 notes that being caught without insurance is a traffic infraction and upon conviction you may be fined not less than $150 or more than $1500 or may be imprisoned for not more than 15 days or both the fine and jail time.

The NYS DMV will be able to give you more information on the penalties for being uninsured and driving without insurance. Or if you were cited for these offenses try contacting the court listed on the ticket for information on the penalties you would receive if convicted of driving without insurance.

As for being in an accident, luckily you were not at fault so you should not be held personally liable for the other party's damages. You should in fact be able to make a claim for your damages against the at-fault party's Liability coverages although you were driving illegally without insurance. You can contact the at-fault person's insurance carrier to place your third party Liability claim for the damages you sustained in the accident.

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This car insurance question was asked on 10/28/2008
This auto insurance answer was last updated on 11/4/2008
Jamie requested this car insurance solution.
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