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If you’re injured in a car accident in New York and the at-fault driver has little or no insurance, your own uninsured/underinsured motorist (UM/UIM) coverage may be your only path to compensation. While New York law requires drivers to carry liability insurance, many still drive without adequate coverage. Understanding how UM/UIM claims work and why legal guidance is essential can make a critical difference in your recovery. Here’s what every New York driver should know after an accident involving an uninsured or underinsured motorist from an experienced Westchester car accident lawyer.
Understanding UM/UIM Coverage in New York
New York requires all drivers to carry liability insurance, which includes mandatory uninsured motorist (UM) coverage. However, underinsured motorist (UIM) coverage is optional unless specifically added to your policy. This distinction matters when the at-fault driver has some insurance, but not enough to cover your losses.
An uninsured motorist has no insurance at all, while an underinsured motorist has coverage that falls short of your damages. In New York, the minimum liability limits are $25,000 per person and $50,000 per accident. These amounts often don’t come close to covering the costs of serious injuries, especially when medical bills and lost wages add up quickly.
Savvy drivers review their policies and increase UM/UIM limits to protect themselves. With rising medical costs and more drivers carrying minimal coverage, having strong UM/UIM protection is no longer optional; it’s essential.
What to Do After an Accident with an Uninsured or Underinsured Driver
After a crash, your actions can directly impact your ability to recover compensation. If the other driver is uninsured or underinsured, follow these steps:
- Seek immediate medical attention and report the accident to the police.
- Notify your own insurance company as soon as possible. Delays can jeopardize your claim.
- File a UM or UIM claim under your own policy. This is separate from your No-Fault benefits.
- Use your Personal Injury Protection (PIP) coverage to pay for initial medical expenses and lost wages.
Documentation is key. Keep detailed records of your injuries, treatments, and all communications with insurers. New York’s No-Fault system requires prompt filings, and missing a deadline can limit your recovery options. Acting quickly helps preserve your rights and strengthens your claim.
Common Misconceptions That Can Hurt Your Claim
Many drivers misunderstand how UM/UIM claims work in New York, which can lead to costly mistakes.
Some believe the at-fault driver’s insurance will cover everything, even if that driver is uninsured or underinsured. In reality, your own UM/UIM policy is your primary safety net in these situations.
Others confuse UM and UIM coverage or assume these protections are automatic. While UM coverage is required, UIM is not unless you’ve added it to your policy.
Another common mistake is thinking these claims are simple. In truth, UM/UIM cases often involve complex legal and procedural issues. Attempting to handle them without legal help can result in denied claims or reduced compensation.
Why Legal Representation Is Critical in UM/UIM Claims
Insurance companies often resist paying full UM/UIM claims. They may dispute the severity of your injuries, argue that coverage doesn’t apply, or delay the process with complex policy language.
Courts in New York are increasingly scrutinizing UM/UIM policy terms, and navigating these disputes without legal experience can be overwhelming. An experienced personal injury attorney can:
- Interpret your insurance policy and explain your rights
- Communicate with insurers on your behalf
- Gather and present medical records, accident reports, and other evidence to support your claim
Early legal involvement can make a significant difference. Attorneys familiar with New York’s No-Fault system and UM/UIM procedures know how to meet deadlines, avoid pitfalls, and push back against insurer tactics. If you want a fair outcome, legal guidance isn’t just helpful, it’s essential.
Protect Yourself Before and After an Accident
The best time to understand your UM/UIM coverage is before an accident happens. Review your auto insurance policy now and consider increasing your limits beyond the state minimum.
If you’ve already been in an accident, act quickly. Notify your insurer, document everything, and consult a personal injury attorney who handles UM/UIM claims in New York.
A free consultation can help you understand your options and avoid mistakes that could cost you compensation. The sooner you get legal advice, the better your chances of a successful claim.
Talk to a New York UM/UIM Attorney Today
If you’ve been injured by an uninsured or underinsured driver in New York, don’t navigate the claims process alone. At Michael LoGiudice, LLP, we help accident victims understand their rights, deal with insurance companies, and pursue the compensation they deserve. Contact us today for a free consultation and let us help you move forward with confidence.