Involved in a Car Crash with an Uninsured Driver? We Can Help
New York requires all drivers to have a minimum amount of liability car insurance. When a negligent driver causes property damage and injuries, their insurance company is supposed to cover the victim’s losses. However, when a New York uninsured motorist hits another vehicle, the victim may be left without as many options for recovery.
Even if the other driver was uninsured or an underinsured motorist, you still have options. Your uninsured motorist lawyer can help you file a claim with your own insurance company or file a personal injury lawsuit against the negligent driver.
Hecht, Kleeger & Damashek, P.C. has recovered millions of dollars for victims of car crashes. Our auto accident case results are a testimony to how we get the most compensation possible for our clients.
Understanding Uninsured and Underinsured Motorist Claims
Uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage are essential components of your auto insurance policy that provide financial protection in the event of an accident caused by a driver who either lacks insurance or doesn’t have enough coverage to compensate for your losses.
What Is the Difference Between UM and UIM Insurance?
UM and UIM are both types of auto insurance coverage that protect you in the event of an accident caused by another driver. The key difference lies in the insurance status of the at-fault driver.
Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all. This includes hit-and-run accidents.
Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their coverage limits are insufficient to cover your losses. It pays the difference between the other driver’s liability limits and your actual damages, up to your UIM coverage limit.
What Happens When the At-Fault Driver Has No Insurance?
Finding yourself in an accident with an uninsured driver can be a frustrating and financially stressful situation. However, there are ways you can recover your damages.
If you have UM coverage, your insurance company will handle the claim and cover your eligible losses, such as medical expenses, property damage, and lost wages.
You can also pursue legal action against the at-fault driver to recover damages. However, collecting on a judgment can be challenging if the driver has no assets.
What Happens When the At-Fault Driver Has Insufficient Insurance Coverage?
When the at-fault driver’s insurance coverage is inadequate to cover your losses, you’ll likely need to rely on your own insurance policy or potentially pursue legal action.
If you have UIM coverage on your policy, it kicks in to cover the difference between the other driver’s liability limits and your actual damages, up to your UIM coverage limits. Your insurance company will handle the claim and compensate you for the uncovered portion of your losses.
If your UIM coverage is insufficient or you don’t have UIM coverage, you may consider filing a lawsuit against the underinsured driver. Contact one of our car accident lawyers to assess your case. We can advise you on the potential recovery options.
Steps to Take After a Car Crash with an Uninsured or Underinsured Driver
Dealing with the aftermath of a car accident is stressful enough, but it becomes even more complex when the other driver is uninsured or underinsured. There are some steps you should take to protect yourself after an underinsured or uninsured driver crash.
Prioritize Safety
Ensure everyone involved is safe and away from immediate danger. Move the vehicles out of traffic if possible. (Remember to document the scene, as detailed below, before you move the vehicles.)
Call the Police
Report the accident to the police, even if there seems to be minimal damage. A police report is crucial for insurance claims and potential legal claims.
Exchange Information with Drivers and Witnesses
If possible, exchange information with the other driver, including their name, contact information, and insurance details (if any). This is also a good time to collect names and contact information from eyewitnesses.
Document the Scene
Take photos of the accident scene, vehicle damage, and any injuries. Ideally, this should be done before any vehicles are moved. You may have to request that a witness or uninjured passenger help with this step.
Seek Medical Attention
Visit a hospital, emergency room, trauma center, urgent care, or doctor as soon as possible, even if your injuries seem minor. Some injuries may not be apparent immediately.
Contact Your Insurance Company
Notify your insurance company about the accident, providing all necessary details. If the other driver is uninsured or underinsured, your uninsured/underinsured motorist (UM/UIM) coverage may apply.
Hire an Uninsured Motorist Lawyer
An experienced car accident attorney can assess your case, guide you through the claims process, and represent your interests. Even if you are working with your own insurance company, an attorney will ensure you get the maximum compensation possible.
Filing a Claim Against an Uninsured or Underinsured Driver
Filing a claim against an uninsured or underinsured driver can be a complex process. You may have to file a personal injury lawsuit against the negligent driver to get a full and fair settlement. In addition to filing a UM/UIM lawsuit against the at-fault driver, you can file a claim with your insurance company under UM/UIM coverage.
Filing a UM/UIM Claim
The first step to filing a UM/UIM claim is notifying your insurance company about the accident as soon as possible. Many insurance companies have strict deadlines regarding when you must file a claim. Be sure to review your insurance policy so you are aware of those deadlines.
Provide all necessary details about the accident to your insurance company. They will ask you to make a statement. Be honest, but don’t admit any fault – even if you think you may be partially to blame.
Your insurance company will provide you with necessary claims forms and connect you with an adjuster who will determine how much your claim is worth. It’s best to work closely with a car accident lawyer who handles UM/UIM claims so that the insurance company does not give you a lowball settlement offer that won’t cover all your losses.
Learn More About Car Accident Claims
Uninsured/underinsured motorist coverage can provide compensation for various types of damages you incur due to an accident caused by an uninsured or underinsured driver. These damages can be categorized into two main types: economic damages and non-economic damages.
What Are Economic Damages?
These are quantifiable financial losses resulting from the accident. They include medical expenses, lost wages, property damage, loss of earning capacity, and any other out-of-pocket expenses you have had.
What Are Non-Economic Damages?
These are intangible losses that are more subjective and difficult to quantify. They include pain and suffering, mental anguish, disfigurement, loss of consortium, and more.
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