(914) 220-1086In New York, drivers are required to carry insurance coverage. Unfortunately, people aren’t always good at following the law. If you’re in an accident with an underinsured or uninsured driver, you may be left wondering whether you will be able to get compensation for your losses.
However, New York also requires that drivers carry uninsured motorist coverage, which protects you in the event that you are in a crash with someone without car insurance. This insurance coverage can also be used for situations like hit-and-run accidents where the at-fault driver is unknown. Through an uninsured motorist claim, you can get money from your own insurance company for lost wages, medical bills, and other types of losses if you suffered a serious injury.
At the Law Offices of Thomas L. Gallivan, we help injury victims get the compensation that they deserve for their injuries. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a White Plains car accident attorney, reach out to our law firm today.
What Is Uninsured Motorist Coverage?
New York is a no-fault insurance state. This means that your own insurance coverage will pay for your medical bills and certain other expenses, up to $50,000 per person, through Personal Injury Protection (PIP) coverage. All drivers in New York are required to have PIP coverage as part of their auto insurance policy.
In addition, drivers must carry uninsured motorist (UM) insurance. This type of insurance will pay for bodily injuries caused by a driver who does not have insurance (in violation of New York law). It will also cover situations where a person was injured in a hit-and-run accident and the identity of the at-fault driver is unknown.
Uninsured motorist coverage only pays for bodily injuries, not property damage. Drivers are required to carry a minimum of $25,000 for bodily injury and $50,000 for death for a single person in UM coverage, plus $50,000 for bodily injury and $100,000 for death for 2 or more people.
If you suffered a “serious injury” in a car accident, then you can also seek UM coverage for non-economic losses such as pain and suffering, emotional distress, scarring, and disfigurement. Under New York law, a serious injury includes death, dismemberment, significant disfigurement, loss of a fetus, fractures, permanent loss or impairment of a limb or organ, or any injury that limits someone’s ability to perform daily tasks for at least 90 days.
Basic UM coverage only applies to accidents that occur within the state of New York. It is possible to pay for an extension of coverage to other states. UM insurance covers both you and anyone in your car who is injured in an uninsured motorist accident. It can also be used in situations where someone covered by your car insurance policy is injured as a pedestrian or while unknowingly riding in an uninsured vehicle.
For example, consider a situation where you are rear-ended at a red light. When you get out to exchange information with the other driver, you learn that they don’t have car insurance. You can file a claim with your own auto insurance policy for any medical bills that go beyond your PIP coverage. If you suffered a serious injury, then you could also get compensation for your non-economic damages.
This type of insurance coverage is particularly important given that many people who are uninsured don’t have a lot of money or assets. As such, it is probably a waste of time to sue them because they don’t have the ability to pay a settlement or verdict at trial. Your own insurance company will cover your losses so that you won’t be left paying for your own medical bills, lost wages, and other financial losses.
In addition to a UM policy, you could also purchase underinsured motorist coverage (UIM). This type of insurance is not required. However, it is often a good idea to buy underinsured motorist coverage because New York only requires drivers to carry a minimum amount of insurance. If you are severely injured in an accident with an underinsured driver, and your losses exceed both your PIP coverage and their insurance limits, then your underinsured motorist coverage will pay for these losses.
What Should I Do If I Am in an Accident with an Uninsured Motorist?
If you are in an accident with an uninsured driver, then your own insurance policy will pay for up to $50,000 through your PIP coverage. If you have medical expenses and other losses that exceed that amount, then you can file a claim under your uninsured motorist policy.
It may seem weird to file a claim with your own insurance company for an accident that you didn’t cause. However, in situations involving an uninsured driver, it may be the only way you can get paid for your injuries. Remember: you pay for this type of insurance as part of your car insurance premium. If you need to access your UM policy, you should file a claim.
Even though you will be filing a claim with your own insurance company, you should still be aware that they may try to deny or minimize your claim. Insurance companies are in business to make money, and they don’t profit when they have to pay out on claims. It isn’t unusual for an insurer to unjustly deny an uninsured motorist claim.
Just as you would if you were filing a claim with the at-fault driver’s insurer, you should consult with a White Plains car accident lawyer about your case. During a free initial consultation, your attorney will listen to your story and offer you advice on your legal rights and options – which may include filing an uninsured or underinsured motorist claim. They will also analyze your insurance policy to check your coverage and determine what your policy limits are.
If you decide to hire a law firm, they will get to work investigating the underlying auto accident case. This may include reviewing accident reports, interviewing witnesses, analyzing photos and videos, and obtaining medical records. They will also research New York law to put together the strongest possible claim for compensation, which may include developing evidence to prove that you have a “serious injury” so that you can seek money for both economic and non-economic damages.
Most car accident claims – including UM/UIM cases – are resolved via settlement. If necessary, your lawyer will file a lawsuit and take the case to trial to ensure that you get the compensation that you deserve for your injuries.
Hurt in a Crash with an Uninsured Driver? Give Us a Call.
Being in an automobile accident can be incredibly traumatic. If the other driver flees the scene or doesn’t have insurance, you may be even more stressed out worrying about whether your bills will be covered. Through a combination of PIP and UM coverage, you can get the money that you deserve for your losses.
At the Law Offices of Thomas L. Gallivan, we are committed to helping accident victims get the money that they deserve for their injuries. We work hard to help our clients get maximum compensation and handle all cases on a contingency fee basis. To learn more or to schedule a free consultation with a White Plains personal injury attorney, give us a call at 914-220-1086 or fill out our online contact form.
How Much Uninsured Motorist Coverage Do I Have?
In New York, drivers must carry at least $25,000 in uninsured motorist coverage. You also have the option of buying supplementary UM coverage, up to $400,000. This additional coverage will increase your insurance premium.
Each insurance policy is different, so it is important to understand your coverage. If you aren’t sure what type of coverage you have, a White Plains car accident lawyer can look at your policy for you. Call the Law Offices of Thomas L. Gallivan to schedule a free initial consultation.
When Does Uninsured Motorist Coverage Start After a Car Accident?
Because New York is a no-fault state, your initial losses will always be covered by your personal injury protection (PIP) first. If your medical expenses, lost wages, and other financial losses exceed your PIP coverage, you can then file an uninsured motorist claim. You can then seek coverage for up to the full amount of your UM policy limits for any losses beyond your PIP policy.
If you have been hurt in a car crash with a driver who either left the scene or is uninsured, PIP and UM coverage may combine to ensure that most of your direct economic losses are covered. Reach out to the Law Offices of Thomas L. Gallivan today to schedule a free consultation with a White Plains car accident attorney.
Do I Need a Lawyer to File a UM Claim?
You are not required to hire a White Plains accident attorney to file an uninsured motorist claim with your insurance company. However, it is usually a good idea to be represented by counsel when filing an insurance claim. After all, the insurance company has its own lawyers and adjusters – so you should be represented as well.
Your attorney will protect your interests and ensure that you get the money that you deserve for your injuries. In White Plains, call the Law Offices of Thomas L. Gallivan to schedule a free initial consultation with a New York personal injury lawyer.
