How Much Can I Get From an Uninsured Motorist Claim?

It is estimated that 4.1% of New York motorists are uninsured. Getting into an accident with an uninsured motorist can be a great cause for concern, especially as to where one can secure funds to compensate for the losses after the accident. When you’re involved in a car accident with a driver who lacks adequate insurance, an uninsured motorist (UM) claim can be a vital pathway to obtaining compensation for your injuries and damages. The compensation you can receive through such a claim varies, influenced by specific factors, and the requirements to file may require the assistance of a skilled professional.

At K L Sanchez Law Office, our team of dedicated Queens car accident attorneys is ready to assist after an accident. Our attorneys are well-versed in New York’s insurance laws and can guide you through the process of filing a UM claim. Our assistance extends from gathering crucial evidence such as police reports and medical records to accurately calculating all potential damages to ensure you’re seeking a fair amount. Whether it’s negotiating with insurance adjusters or representing you in court if necessary, they are committed to advocating on your behalf. Our attorneys can also provide guidance on why your car accident settlement is taking so long.

If you or a loved one has been injured by an uninsured driver, understanding your rights and the potential for compensation is crucial. Contact K L Sanchez Law Office today. Our attorneys can work with you every step of the way to seek the compensation you deserve for your losses. Don’t let the absence of insurance on the part of another driver undermine your financial recovery. Contact K L Sanchez Law Office at (646) 701-7990 for a consultation and start the process towards securing a favorable outcome for your case.

What are Uninsured Motorist Claims in New York?

New York operates under a no-fault insurance system, which means that your own insurance company will pay for your accident-related losses, regardless of who caused the accident. However, for accidents involving an uninsured driver, the UM coverage kicks in. The New York Insurance Law § 3420(f)(1) mandates that all auto insurance policies issued in the state provide uninsured motorist coverage for bodily injury, subject to the same minimums as those required for liability insurance. This legal provision ensures that victims of accidents caused by uninsured drivers can still receive compensation.

Uninsured Motorist (UM) Coverage is a specific type of car insurance designed to protect drivers and passengers financially if they are involved in an accident where the other driver is at fault and does not have any auto insurance. This coverage is particularly important because it addresses the gap left when the at-fault driver is unable to pay for damages or injuries due to lack of insurance.

Legal Provisions of Uninsured Motorist Coverage

With a significant number of drivers operating vehicles without insurance, the risk of being involved in an accident with an uninsured driver is not negligible. UM coverage is a critical safeguard that ensures you and your passengers will not face financial peril following such an accident. It provides a necessary buffer against the potentially high costs of medical care and other losses, particularly in severe accidents that can lead to long-term disability or significant time away from work.

Primary and Secondary Layers of Coverage: When an accident occurs, the first line of financial protection typically comes from Personal Injury Protection (PIP) coverage. This type of insurance pays for medical expenses and other associated costs regardless of who is at fault. However, PIP coverage often has limits that may not fully cover all expenses resulting from a severe accident. Once these limits are reached, the injured party would typically seek compensation from the at-fault driver’s insurance.

Gaps in Coverage: In New York, like in many places, drivers are required to carry a minimum amount of liability insurance—$25,000 per accident for bodily injury. Unfortunately, this amount may not be sufficient in more serious accidents. Additionally, some drivers illegally operate vehicles without any insurance. Here, UM coverage becomes essential. It provides financial relief by covering the shortfall when the at-fault driver’s insurance is nonexistent or inadequate.

How UM Coverage Works: Uninsured Motorist Coverage steps in to fill the gap between what is covered by a policyholder’s PIP and what should be compensated by the at-fault driver’s insurance. For instance, if a driver incurs $100,000 in total damages from an accident, and after exhausting $50,000 from PIP and receiving $25,000 from the other driver’s insurance, UM coverage would potentially cover the remaining $25,000, depending on the policy limits. This coverage ensures that the injured party does not suffer financially due to the irresponsibility or inadequacy of the other driver’s insurance.

UM coverage thus acts as a safeguard, ensuring that individuals are not left financially vulnerable after an accident caused by an uninsured or inadequately insured driver. This coverage not only protects individuals from bearing the full cost of medical expenses and other losses but also underscores the importance of carrying proper car insurance as a legal and ethical responsibility.

How Much Can I Get From an Uninsured Motorist Claim?

In New York, pursuing compensation through an uninsured motorist (UM) claim involves several key factors that can significantly influence the amount of compensation one can receive. Understanding these factors—coverage, liability, and damages—is crucial for anyone involved in an accident with an underinsured driver. Here’s how each factor plays a role:

Policy Coverage

The limits of your UM coverage are perhaps the most direct factor affecting how much you can receive from a UM claim. Every insurance policy has a maximum limit on what it will pay out, which can significantly affect the total compensation available in an uninsured motorist claim. New York law requires minimum coverage limits, but individuals can opt for higher limits, which is advisable given the high costs associated with serious injuries. 

If your damages exceed the policy limits of the at-fault driver’s insurance, your UM coverage can make up the difference, up to your own UM policy limits. For instance, if you have $100,000 in UM coverage and the at-fault driver has $25,000 in liability coverage, you can potentially receive additional compensation from your UM insurance if your damages exceed $25,000, up to a total of $100,000.

Liability

New York follows a “comparative fault” rule, meaning that the compensation you can receive will be reduced by a percentage equivalent to your share of fault in the accident. For instance, if you are found to be 30% at fault in an accident, your recoverable damages from the UM policy will be reduced by 30%.

Successfully claiming UM benefits often hinges on proving that the other driver was at fault. This involves gathering evidence such as police reports, witness statements, and possibly accident reconstruction reports. The clearer it is that the other driver was predominantly at fault, the stronger your claim for UM benefits.

Severity and Nature of Injuries

The extent and type of injuries sustained in the accident are primary determinants of compensation in uninsured motorist claims. New York’s no-fault insurance system typically covers medical expenses and lost earnings, but the coverage limits can be quickly exhausted with severe injuries. In cases involving serious or permanent injuries, uninsured motorist coverage becomes crucial. Compensation amounts will reflect the immediate and long-term medical costs, the necessity for rehabilitation, and any specialized medical equipment required. The more severe the injury, the higher the potential compensation, reflecting the increased costs and care needs.

Compensation

The amount you can claim under UM coverage also depends on the types of damages you have incurred. These can include medical expenses, lost wages, pain and suffering, and other out-of-pocket expenses. The extent and documentation of these damages will heavily influence the compensation amount.

The severity of your injuries and the thoroughness of your medical documentation can significantly impact your UM claim. Detailed medical records and expert testimonies can substantiate the extent of your injuries and justify the need for higher compensation but still within the limits of UM coverage.

Insurers may have specific conditions and procedures for filing UM claims, including time limits for notifying the insurer about a potential UM claim. Failing to adhere to these conditions can jeopardize the amount you can recover.

The potential compensation from a UM claim in New York is influenced by the specifics of your insurance coverage, the determination of liability in the accident, and the nature and extent of your documented damages. Understanding these factors can help maximize the benefits received under a UM claim, ensuring that you are adequately compensated when involved with an underinsured motorist.

How to File an Uninsured Motorist Claim in New York

Filing an uninsured motorist (UM) claim and dealing with potential claim denials in New York can be complex due to the state’s specific insurance laws and the intricacies of each case. Here’s a deeper look into the process and your options if a claim is denied:

Filing an Uninsured Motorist Claim in New York

• Immediate Notification: As soon as possible following an accident, and typically within 30 days, notify your insurance provider about the incident. This timely notification is crucial as it forms the basis of your UM claim.
• Documentation: Gather all necessary documentation that supports your claim. This includes:
• Police report: A police report is essential as it provides an official account of the accident and can indicate whether the other driver was uninsured.
• Eyewitness accounts: Statements from witnesses can corroborate your version of events and strengthen your claim.
• Medical records: Detailed records of your injuries, treatments, and related expenses are critical. They not only establish the extent of your injuries but also link them directly to the accident.
• Photographs of the accident scene: If available, these can help illustrate the circumstances of the crash.
• Submission of the Claim: Submit your claim along with the gathered evidence to your insurance company. Ensure all forms are filled out correctly and all required documentation is included.
• Follow-Up: Stay in communication with your insurance company to track the progress of your claim. Be prepared to provide additional information or clarification as needed.

If the Insurance Company Denies Your Claim

If your UM claim is denied, you have several options:

• Review the Denial: Understand the reason for the denial. Insurers are required to provide a clear explanation for why a claim is rejected. Review the denial letter carefully to see if there might have been a misunderstanding or missing information.
• Appeal the Decision: If you believe the decision was incorrect, you can file an appeal with your insurance company. This typically involves submitting a formal letter of appeal along with any additional evidence that may support your case.
• Legal Consultation: Consulting with an attorney who specializes in auto insurance and personal injury law can be crucial. An experienced lawyer can offer advice on the viability of your appeal and the strength of your case. They can also represent you in further proceedings if necessary.
• Initiate Legal Action: If appealing directly to the insurance company does not resolve the issue, you may consider filing a lawsuit against the insurer. Legal action can compel the insurance company to fulfill its obligations under your policy, provided your claim is valid and well-supported.
• External Review: In some cases, you might also consider contacting the New York State Department of Financial Services or another regulatory body that oversees insurance operations in the state. They can provide guidance and, in some cases, intervene on your behalf.

Understanding the process of filing an uninsured motorist claim in New York requires a thorough understanding of your insurance policy, attention to procedural details, and sometimes legal assistance to ensure your rights are protected and you receive the compensation you deserve.

Requirements for Pursuing Uninsured Motorist Claims

Pursuing uninsured motorist (UM) claims can often be a complex process due to several stringent requirements that need to be met. Understanding these requirements is crucial for successfully navigating a UM claim in New York. Below are the key prerequisites for filing such claims:

Timely Notice and Forwarding of Suit Papers

The claimant must provide prompt notification to their insurance company about the accident and the potential UM claim. This notification should typically be made within 30 days of the accident. Additionally, any legal documents or suit papers related to the case must also be forwarded to the insurer. This ensures the insurance company is fully informed and can prepare an appropriate response or defense.

Obtaining a Policy Limit Offer

A claimant must receive an offer from the tortfeasor’s (at-fault driver’s) insurance company that represents the maximum policy limits available under that driver’s insurance. This establishes that the at-fault driver’s coverage is insufficient relative to the damages, thereby justifying the pursuit of a UM claim.

Exceeding Bodily Injury Limits

For a UM claim to be valid, the bodily injury damages suffered by the plaintiff (claimant) must exceed the bodily injury limits of the tortfeasor’s insurance. This requirement underscores the need for the claimant’s damages to be significant enough to surpass the at-fault party’s coverage capacity, highlighting the inadequacy of the available insurance in covering the total damages.

Qualifying as an “Insured”

The claimant must qualify as an “insured” under the terms of the UM policy. This typically means that the claimant must be the policyholder, a resident relative of the policyholder, or someone driving the insured vehicle with permission. Ensuring that the claimant meets these criteria is essential for the legitimacy of the claim.

Loss Arising from an “Accident”

Finally, it must be established that the loss for which compensation is sought arose directly from an “accident” as defined under the insurance policy. This involves proving that the incident was unintentional and occurred during the use of an automobile in a manner consistent with the policy terms.

Each of these requirements demands careful attention to detail and thorough documentation. Failing to meet any of these requirements can result in the denial of a UM claim. Therefore, claimants often benefit from legal guidance to handle these requirements effectively and to ensure all procedural and substantive criteria are appropriately met.

Experienced Uninsured Motorist Claim Guidance from K L Sanchez Law Office

Facing the aftermath of an accident with an uninsured motorist requires a clear understanding of your rights and options for compensation. The amount you can claim depends on various factors, such as the coverage limits of your policy, the specifics of fault and liability in the accident, and the total cost of your injuries and other losses.

At K L Sanchez Law Office, our experienced Queens car accident attorneys are ready to guide you through each step of filing your uninsured motorist claim. From meticulously gathering the necessary evidence to effectively representing your interests during negotiations or in court, our team is committed to advocating for the full compensation you deserve.

If you’ve been impacted by an accident with an uninsured driver, don’t face the challenges alone. Contact K L Sanchez Law Office today at (646) 701-7990 to schedule a consultation. Let us help you achieve the best possible outcome for your situation, helping to restore your peace of mind and financial stability.