Crashes with Out of State Vehicles

What if I am struck by an out-of-state-driver?

The resolution of your claim and your ability to be compensated will depend on whether that insurance company is authorized to conduct business in New York.

When a non-resident comes into New York while operating a vehicle registered in a another state, by an authorized carrier New York Insurance Law §5107 provides protection for New York residents who have been injured in a crash with an out-of-state motorist.

New York Insurance Law §5107 provides:

"Every insurer authorized to transact or transacting business in this state, or controlling or controlled by or under common control by or with such an insurer, which sells a policy providing motor vehicle liability insurance coverage or any similar coverage in any state or Canadian province, shall include in each such policy coverage to satisfy the financial security requirements of Article 6 or 8 of the Vehicle & Traffic Law and to provide for the payment of first party benefits pursuant to Subsection (A) of §5103 of this article when a motor vehicle covered by such policy is used or operated in this state."

If the insured is an unauthorized insurance carrier who does not do business in New York, Vehicle & Traffic Law §318 Subsection 5(a) provides "The Commissioner, upon receipt of evidence that a person other than the owner of the vehicle, has operated upon the public highways of this state a motor vehicle not registered in the state, with knowledge of proof of financial security was not in effect with respect to such vehicle shall revoke the driver's license of such person, or if he is a non-resident, the non-resident privileges of such person."

The revocation of driving privileges to the non-resident is little comfort to the New York crash victim who finds the tortfeasor to be without insurance coverage.

When a non-resident comes into New York operating a vehicle registered and insured in a foreign state, by an authorized carrier New York Insurance Law §5107 provides protection for New York residents who have been injured in a crash with an out-of-state motorist.

This statute, commonly known as the New York "Deemer" Provision, unequivocally applies to any policy of insurance underwritten by an authorized insurer in New York.

If you were involved in a crash with an out-of-state driver, e-mail or call us to help determine the coverage and benefits available to you as a result of your crash.

Real People, Real Stories

Read What Our Past Clients Have to Say About Us
  • Daniel and the team are great

    “Daniel and the team are great, helpful and do whatever is necessary to make sure you get a proper and fair ending to your scenario.”

    - Rohit B.
  • I strongly recommend them.

    “Daniel Flanzig was extremely helpful and kind and executive helping me deal with the crash I suffered last Friday. He made sure I understood the process and was fairly compensated for the damage on my bike and avoid unfair medical bills. His office answere”

    - Aime L.
  • Flanzig & Flanzig are true advocates for New York's bike-riding community! I would recommend them to anyone.

    “I was doored when riding my bike in Brooklyn. I broke my hand in the accident and had surgery plus pins inserted to repair it. I hired Flanzig & Flanzig as my personal injury lawyers and I am so glad that I did! They handled every step of the process. ”

    - Janet U.
  • Dan and his team did an exceptional job for me – they should get 6 stars!

    “I had a bike crash and didn’t know where to turn for representation. I spoke to a number of law firms, but none of them understood what a crash meant to me as an everyday bicycle rider. From the first ...”

    - Christopher H.
  • Dan and his staff was instrumental in getting a fair settlement

    “Dan and his staff was instrumental in getting a fair settlement after a long delayed process held up by an unresponsive and uncooperative insurance company. Dan was always available to answer any ...”

    - R.P.
/