Filing an Uninsured/Underinsured Motorist Claim in New York

by Raskin & Kremins, LLP on 4/10/2014

New York drivers are required to carry a minimum amount of liability insurance in the following amounts:

  • Bodily Injury Per Person:  $25,000

  • Bodily Injury Per Accident:  $50,000

  • Property Damage Per Accident:  $10,000


Uninsured motorist claims can be made by drivers involved in an accident when the at-fault driver has no insurance or their vehicle was driven without permission or stolen.  Uninsured motorist insurance also provides protection against hit-and-run accidents.

Underinsured motorist claims can be made when the at-fault driver does not have sufficient insurance coverage to take care of the costs associated with a vehicle accident.

Before paying any claim, insurance companies will investigate whether or not the at-fault driver was uninsured or underinsured.  Claims made for hit-and-run accidents need to include evidence that any injuries or property damage were the direct result of a hit-and-run, so having the right documentation – police report, written details of the accident, witness statements and photos – is important.

Making a successful underinsured motorist claim will depend upon how much coverage the at-fault driver has as well as the amount of underinsured motorist coverage you have on your policy.  In addition, there are circumstances where an insurer will not pay, even if the at-fault driver’s policy does not cover all your damages.

To be sure you receive just compensation for injuries sustained in a New York auto accident, especially if an uninsured or underinsured motorist is involved, you will need the help of an experienced New York injury attorney.

It takes skillful legal help to navigate the often-complicated process of obtaining a fair settlement from an insurance company or to win your case in court.  Don’t forfeit your right to obtaining fair compensation if you or a loved one has been injured in a New York car accident.  Contact us at (212) 587-3434 or contact us online to get the legal expertise you need.