NYC UNINSURED MOTORIST ATTORNEY2018-08-12T15:09:59+00:00

NYC UNINSURED MOTORISTS ATTORNEY

FREE CONSULTATION
NO FEE UNLESS WE WIN

INTRODUCTION TO UNINSURED MOTORISTS PROTECTION

In New York State if you are involved in a automobile accident you are entitled to personal injury protection (PIP) regardless of who may be at fault due to the state’s No-Fault law. In instances when another individual’s negligence was the cause of the accident you can make a bodily injury claim through the at-fault vehicle’s insurance to be compensated for your liability claim. There are times, however, when one may be struck by an individual with insufficient coverage. Read on to see the options available to you if ever faced with this scenario.

UNINSURED COVERAGE (UM)

All drivers in New York State are required to purchase liability insurance that meet the following standards:

  • Bodily Injury minimum: Minimum $25,000 per person / $50,000 per accident
  • Property Damage minimum: Minimum $10,000 (does not apply to your own vehicle)
  • Uninsured/Underinsured Bodily Injury minimum: Minimum $25,000 per person / $50,000 per accident (cannot exceed your BI liability limits)
  • Basic Personal Injury Protection minimum: Minimum $50,000

Despite these requirements there are about 5.3% of drivers in New York who operate their vehicles without insurance. Though this places NY as 3rd lowest state (behind Massachusetts and Maine) with uninsured motorists, this still means that there are thousands of drivers out there with inadequate coverage.

The UM coverage helps you if you do not have access to an adverse vehicle’s liability insurance due to an accident  caused by:

  • Unidentified hit and run driver
  • Uninsured out-of-state motor vehicle
  • Uninsured NY motor vehicle
  • Stolen motor vehicle
  • Motor vehicle operated without the consent of the owner
  • Unregistered motor vehicle

The Motor Vehicle Accident Indemnification Corporation (MVAIC) while also providing protection in accidents involving uninsured motorists, only steps in as the last resort.

UNDERINSURED COVERAGE (UIM)

Unlike uninsured motorist BI coverage, underinsured motorist coverage (UIM) is not required by New York State. It provides coverage if the at-fault driver in an accident has insufficient liability coverage to fully compensate you.

In both UM and UIM cases a claim has to be filed against your own insurance to process bodily injury claims. UIM claims come into effect after the at-fault driver’s liability has been exhausted. If you find yourself seriously injured by an underinsured motorist, you may have a UIM claim if the injuries you sustain surpass the limits of the negligent driver’s policy.

SEEK A NYC UNINSURED MOTORISTS ATTORNEY WITH EXPERIENCE

Although most insurance companies will acknowledge and honor the UM/UIM provisions of your policy, there are some who may try to reject your UM/UIM claim or offer you very little compensation. It is thus very important to reach out to a personal injury attorney as soon as possible. At Wittenstein & Wittenstein we can help investigate your claim and ensure that you receive fair recovery. We have over 60 years of experience with settling cases involving uninsured and underinsured motorists in New York.  Call NYC Uninsured Motorist Attorney today to schedule a free consultation.

NYC UNINSURED MOTORISTS ATTORNEY

FREE CONSULTATION
NO FEE UNLESS WE WIN

Do I Need An Attorney An Accident Case?

After an accident, people often wonder whether they need an attorney for an accident case.  There are no hard and fast rules, but there are some guidelines. There’s no point in making “mountains out of molehills,” but sometimes what injuries don’t heal as quickly as expected, resulting in lost earnings and stress on the family, and by the time that happens deadlines have expired.  When in doubt, it’s always a good idea to speak to a trusted personal [...]

Do I Have a No-Fault Case?

“No-fault laws” have been in effect throughout most of the United States since the 1970’s, so most people are aware of these laws, but there are many misconceptions about how they operate.  The purpose of “no-fault” legislation was to reduce the number of lawsuits for personal injuries arising from traffic accidents, but it has actually resulted in an increase in litigation. It’s ironic that personal injury attorneys are now sometimes called no-fault lawyers and people injured in traffic [...]

How to Avoid Scams When Seeking an Accident Attorney

Billboards, pop-up ads, Facebook feeds - everywhere you look, there are lawyers offering “No Fee Unless We Win,” and claims that they can collect “Billions of Dollars.”  They call you at the hospital, they want to come to your house, they offer to give you money, they send you to “their doctor.” With this cacophony, it’s useful to know how to avoid scams when seeking an accident attorney.  When seeking a reputable accident attorney, the first place to look [...]

How to Choose the Best Malpractice Attorney

Medical Malpractice cases can only be handled properly by attorneys with specific experience in this area of the law.   This is usually a personal injury attorney who has devoted a substantial portion of their practice to medical malpractice cases for many years.  Medical malpractice cases always require litigation, they can’t be settled quickly like many car accident and slip and fall cases are.   When a medical malpractice attorney accepts a case, they know that they are agreeing to [...]

Is An Employer Liable For Employee Car Accidents?

An employer is generally responsible for the harm their employee does to others.  This is limited to harm that is accidental and “within the scope of employment.”  So if, for example, the pizza delivery person, en-route to a delivery, knocks over a pedestrian.  The pizza place is liable, as well as their employee, because it was “within the course of his employment” to be delivering pizza.  This is called “vicarious liability,” and the best way to know if [...]

Keeping Your No-Fault Benefits after a Traffic Accident

How to Keep Your No-Fault Benefits Open If you’ve been injured in a traffic accident, your medical bills are usually paid by your car insurance.  This benefit is commonly referred to as a “no-fault” benefit, as you are entitled to this coverage regardless of how the accident happened.  This covers drivers, passengers and pedestrians that are involved in traffic accidents unless the accident happened while the person was working.  It’s important to note that health insurance will not [...]