A law requires all motorists to have insurance to cover accident costs. However, many drivers are on the roads without insurance.
Statistics from the U.S. reveal that 12.6% of the national vehicle fleet is uninsured. This equates to 28 million drivers. In New York alone, it is estimated that 4.1% of motorists are uninsured.
If you get into a car accident with an uninsured motorist, you need an uninsured motorist accident attorney. They can help you file a claim with your insurance company. This will help you get the rest of the compensation you need for your expenses.
What is UM Coverage?
Uninsured Motorist Coverage provides extra protection. It helps to cover expenses when the other driver doesn't have car insurance. Insurance of this type can be a great protection when you experience a hit-and-run accident. In such an accident, it is not possible to identify the driver responsible.
When a driver has a car accident, their first layer of coverage to cover expenses is Personal Injury Protection Coverage (PIP). This coverage is available to any driver with insurance, regardless of who was at fault.
The at-fault driver is responsible for paying for any injuries not covered by the personal injury protection coverage. This amount is usually not enough.
Here is where third-party Bodily Injury insurance comes in. But what happens when this at-fault driver doesn't have BI coverage? Then, the UM coverage completes the total amount of the policyholder's expenses.
New York Uninsured Motorist Law
Every single person who wants to register a vehicle in New York is required to have three types of insurance:
The No-Fault (Personal Injury Protection)
Pay medical expenses, lost earnings, and other reasonable and necessary expenses for any person injured in or by your car. This includes drivers, passengers, and pedestrians.
PIP coverage can help you pay for expenses and losses from a car accident. This includes medical costs, lost earnings, and other reasonable and necessary injury-related expenses. The coverage is up to $50,000 per person.
Understanding New York's No-Fault Law. Lawsuits relating to auto accidents can only be brought for economic losses that exceed No-Fault benefits. Additionally, non-economic damages can only be sought if a serious injury has been sustained.
A serious injury is defined as one of the following:
- Death
- Dismemberment
- Significant disfigurement
- Loss of a fetus
- Fractures
- Permanent loss or impairment of a limb or organ
- Any injury that impairs someone's ability to perform daily tasks for at least 90 days
This PIP coverage only pays for personal injury costs. It does not pay for auto body repair or property damage to any third party.
This personal injury protection is primary to health insurance. This means it will pay out first if the injury is due to an auto accident. This is an important fact to note.
There are certain times when this PIP coverage won't help you:
- This policy excludes coverage for accidents caused by driving under the influence of alcohol or drugs. These substances impair the driver's abilities and contribute to the incident. Exceptions are emergency healthcare services rendered in a general hospital or by an ambulance worker outside of a general hospital.
- If the injuries were done intentionally by yourself.
- If you are riding an all-terrain vehicle (ATV) or a motorcycle as an operator or passenger.
- If you are injured while committing a felony.
- If you are injured while in a vehicle known to be stolen.
- If you are an owner of an uninsured vehicle.
The Liability Insurance-Bodily Injury & Property Damage
This protects you and any driver of your car who has your permission. It also covers you if someone claims you were negligent or at fault.
The minimum limits of third-party bodily injury liability coverage mandated by New York's Vehicle and Traffic Law are:
- The coverage for anyone in any accident is $25,000 if the injury does not result in death. However, if the injury does result in death, the coverage is $50,000.
- The limit for bodily injury not resulting in death for two or more persons in any one accident is $50,000. The limit for any injuries resulting in death for two or more persons in any one accident is $100,000.
In New York, the minimum coverage limit required by law for property damage liability protection is $10,000 per accident. This applies to damage to another party's car or property. It is sometimes called "$25,000/$50,000/$10,000" or "25/50/10".
The Uninsured Motorists
We understand this coverage provides additional protection to you, your household's family members, and anyone in your vehicle. This ensures you are covered in an injury caused by an uninsured driver or a hit-and-run. You or they could sustain injuries in these cases. The coverage ensures you are adequately protected.
This insurance covers you if you are in a car accident as a pedestrian. You don't have to own a car. If someone in your household has this insurance, you can file a claim under their policy.
On October 1st, 1993, the Supplementary Uninsured Motorist Endorsement was released. This endorsement provides extra protection against at-fault drivers who have insufficient insurance coverage. After an accident with an uninsured motorist in NYC, it is important to ensure the offended party receives proper compensation. This can be done in several ways.
Having an accident is a big risk. Discovering that the at-fault driver does not have insurance to cover your losses can be overwhelming. If you ever get involved in an accident, the first thing you need to do is to seek medical help.
If you are not severely injured, you must address the situation. Here are the steps you should follow:
Call a Car Accident Attorney:
Calling an uninsured motorist accident lawyer to help you at the accident scene. Sometimes, you may feel nervous or unsure how to proceed in these situations. You can receive professional guidance and also a personal backup right away. Your lawyer will handle all the information to help you in your case.
Get contact information:
If you feel good and comfortable doing it yourself, get the other driver's contact information. Ask if they are driving a vehicle owned by them or if it is a work car or a friend's car. If it is a work or friend's car, you'll need the name of the car's owner or employer. Ask if they are insured, too.
Drivers may not be open about their insurance or contact details. If this happens, you can file a formal complaint with the police.
Get witnesses' information:
It is doubtful that no one witnessed the car accident. Usually, pedestrians who can help you testify to what they saw are on the way. Ask them for their help and get their contact information. They will be a great asset.
Call your insurance provider:
Contact your insurance company to report the accident. It is a requirement always to report the accident promptly.
Track your expenses:
Keep all bills related to the accident, such as medical, medicine, and gas. Everything that could be a consequence should also be kept. This report will help you to determine the right compensation number.
Can I File a Claim Against an Uninsured Driver in NY?
The total expenses must be determined. If your PIP and UM insurance cannot cover them, the uninsured driver must pay the remainder. You are entitled to file a personal injury lawsuit.
At The Ward Law Group, you can count on an uninsured motorist accident lawyer with vast experience in such cases. They will help you build a solid lawsuit that meets all the requirements. This will ensure you get the compensation you deserve.
Understanding Uninsured Motorist Coverage
Uninsured Motorist Insurance is mandatory in New York State. For a policy bearer to claim UM coverage, it must be in one of the following situations:
- The tortfeasor is uninsured
- The tortfeasor had insurance, but the carrier disclaimed coverage.
- The insured motorist got involved in a hit-and-run accident where the at-fault party could not be identified.
On October 1st, 1993, the Supplementary Uninsured Motorist Endorsement was released. This endorsement gives extra protection against at-fault drivers who do have insurance, but the limit is not enough to adequately compensate the offended party.
Nevertheless, five requirements have to be satisfied to make a SUM claim, and there are:
- The Claimant Must Provide Timely Notice (and Forward Suit Papers)
- The Claimant Must Obtain a Policy Limit Offer
- The Bodily Injury Limits for the Plaintiff Must Exceed the Tortfeasor's Bodily Injury Limits
- The Claimant Must Qualify As An "Insured"
- The Loss Must Arise from an "Accident"
There are also exclusions for SUM claims:
- The injured person can reach a settlement agreement with the responsible party without involving the SUM insurance provider. If they do this, SUM coverage will no longer apply.
- The SUM endorsement will not apply to a claim if the claimant owns a vehicle not covered by the policy. The claimant must also be occupying that particular vehicle when they are injured.
- To be eligible for coverage under the SUM endorsement, the injured party must prove their injuries are serious. The policy and legal requirements define this.
Contact an Uninsured Motorist Accident Attorney in NYC
Seeking professional advice is vital in these cases. This is because there are a lot of paperwork tasks to complete. Additionally, there could be hidden aspects that you are unaware of.
A lawyer specializing in uninsured motorist accidents can help you win compensation. They will collect all the relevant documents and evidence.
Reliable, professional support can make all the difference when recovering from an injury. The Ward Law Group provides this support. We strive to provide the best legal representation and help our community.
Call 855-DOLOR-55 now for a free consultation. An experienced uninsured motorist accident attorney will assist you immediately.