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Aggressive Lawyers for the Seriously Injured

Injured by an Uninsured or Underinsured Motorist

Woman holding her neck after a car accident
By Michael LoGiudice
Founding Attorney

Like all states, New York has minimum auto insurance coverage for all drivers who register a vehicle in the state. Failure to maintain that minimum coverage can result in driver license suspension as well as vehicle registration suspension. Despite the requirement for auto insurance coverage, far too many drivers on the road do not carry any coverage at all. Even more, only carry the minimum required insurance limits. If you are injured in an accident caused by an uninsured or underinsured motorist, what happens?

What If I Was Injured By an Uninsured or Underinsured Motorist?

New York requires drivers to carry liability coverage in the following minimum amounts:

  • $25,000 for bodily injury and $50,000 for death of a person involved per accident
  • $50,000 for bodily injury and $100,000 for death of two or more people per accident
  • $10,000 for property damage per accident

It is not uncommon for an uninsured driver to cause an accident resulting in injuries to others. Furthermore, the fact remains that even if you are injured by a person who carries the minimum auto insurance requirements, it can be quickly realized that the coverage will be inadequate to fully compensate you for the harm you have suffered in an accident. This can be particularly true when there are multiple claimants trying to access those minimum coverage limits of the at-fault driver.

So, what are your options for coverage of your accident expenses if you are injured by an uninsured or underinsured motorist? First, in any accident, you must begin getting coverage for your expenses pursuant to your no-fault insurance benefits. New York requires all drivers to carry a minimum of $50,000 in personal injury protection, or no-fault coverage. You also have the option of increasing this coverage under your policy. In addition to PIP coverage, you may also cover medical payments coverage. With MedPay, your insurance will pay out to cover medical expenses for you and your passengers regardless of who was at fault in causing the accident.

You may also have access to supplementary uninsured or underinsured motorists coverage (SUM) should you have elected for such optional coverage when purchasing your insurance policy. SUM coverage will come into play if you are injured in an accident caused by an uninsured driver or if you were injured by a driver whose bodily injury liability insurance limits have been exhausted and failed to properly compensate you for your damages. Considering the number of uninsured drivers and drivers with only minimum coverage, electing SUM coverage on your auto insurance policy can be a smart move.

New York Personal Injury Attorney

Trusted personal injury attorney Michael LoGiudice is committed to helping his clients get properly compensated for the harm they have suffered in an auto accident. He will exhaust all possible avenues for recovery to help ensure that you receive the monetary compensation you are legally entitled to. Contact us today.

About the Author
Michael LoGiudice handles all personal injury and medical malpractice claims. He is a graduate of Brooklyn Law School (1997) and has many verdicts and settlements totaling in the tens of millions of dollars.
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