According to the Insurance Journal, approximately 14 percent of all drivers in the country do not have the minimum required auto insurance coverage. In New York State, the percentage is lower, but there are still five percent of drivers who drive without insurance coverage.
Auto insurance is required by law not only to provide financial protection, but also to provide protection for people who could be injured in a car accident. If you are the innocent victim of a car accident caused by someone else, the driver who caused the accident may be able to pay for your losses under New York law. car insurance ensures that the person who hurt you has money available to compensate you.
Reading: What is uim insurance coverage
If someone does not have insurance despite the laws that require it, it can be very difficult for you to obtain compensation after an accident. You may also have difficulty recovering compensation for your losses in situations where the driver who caused the accident only had the minimum required insurance.
In these situations, it may be best to file a claim under the underinsured motorist coverage on your own policy. a new york city accident attorney can help.
what is uninsured/underinsured motorist coverage?
If you are injured in a car accident caused by another driver, you may have the right to file a lawsuit against that driver. Your liability insurance may pay damages for you to cover your medical costs, lost wages, pain and suffering, emotional distress, and other losses.
Unfortunately, some at-fault drivers don’t have insurance or don’t have enough to cover all of their damages. The driver may have purchased only the minimum liability coverage, which is $25,000 per person and $50,000 per accident in New York. if his losses exceed $25,000, then he will not be able to obtain full compensation from the at-fault driver’s insurer. In this case, he could file a claim through his own underinsured motorist (UIM) coverage. If the driver did not have any type of insurance, or was in a hit and run accident, the claim for him/her could be made through your uninsured motorist (UM) coverage.
um/uim claims mean that your insurance company basically replaces the driver who hurt you. Without um/uim coverage, your only option may be to sue the at-fault driver directly and hope he or she has the money or property to pay you. The other driver often doesn’t have enough money, and an accident victim could be left with no one to pay the bills.
new york law requires all drivers to purchase uninsured motorist coverage. You must purchase UM coverage with limits of at least $25,000 per person and $50,000 per accident. Insurance companies typically lump underinsured and uninsured motorist coverage together, so you buy a policy that covers both situations. When purchasing insurance, you should consider purchasing more than the minimum required um/uim coverage.
make a uim claim in a new york accident
you make um or uim claims with your own insurance company. You must contact the insurer, tell them how the accident happened, and show that the other driver did not have enough insurance to cover your losses. You will also need to show that the other driver was at fault for your accident.
The insurance company may require a large amount of documentation to show that you are eligible to file a claim and to prove the extent of your damages. It’s a good idea to have an attorney help you gather evidence, file a claim, and deal with the insurance company. This is because insurance companies are not looking out for your best interests.
Insurance companies often look for reasons to deny claims in order to save money. Even when an insurer pays a claim, the goal is for you to settle for as little as possible. Your goal, of course, is to obtain full and fair compensation for your losses. the insurance company will have experts working to help you achieve your goals, and you should have your own expert attorney working to help you achieve yours.
a new york uninsured car accident lawyer can help
If you have been hit by an underinsured or uninsured driver, you should consult a New York City car accident attorney.
Your attorney can assist you in:
- search for all possible sources of insurance coverage.
- Understand the coverage available through your insurer.
- gather the evidence necessary to prove your claim for damages.
- negotiate a fair and reasonable settlement with the insurance company.
- review a settlement offer to verify that the insurance company is meeting its obligations to you.
- insurance journal
If an insurance company wrongfully denies your claim or treats you unfairly in handling your claim, this could be considered a violation of a term in your contract called “an implied covenant of good faith and fair dealing.” this is a formal legal way of saying that the insurance company is obligated to act fairly in evaluating and paying a claim.
When an insurance company does not act fairly, this behavior is called “bad faith.” You may be entitled to file a bad faith lawsuit against your insurer to obtain money damages for your wrongful acts. The compensation you could recover in these cases could include not only the money the insurer should have paid for your claim, but also payments for additional damages and punitive damages. the payment may, in some cases, exceed the limits of your policy.
For more information on uninsured and underinsured claims and to learn how a New York City accident attorney can help you, contact David Resnick & associates, p.c., for a free consultation. Call 212-279-2000 today or fill out our online contact form.