Long Island Uninsured Motorist Claim Lawyers

Why Uninsured Motorist Claims Matter

New York requires all drivers to carry liability insurance, but enforcement isn’t perfect. Some drivers let their policies lapse. Others never buy coverage in the first place. The Insurance Information Institute estimates that roughly one in eight drivers nationwide operates without insurance.

Your uninsured motorist coverage protects you when these drivers cause accidents. Instead of pursuing a judgment against someone who can’t pay, you file a claim with your own insurance company. They step into the shoes of the at-fault driver and compensate you for your injuries.

This coverage exists because lawmakers recognized a fundamental problem. Requiring insurance protects victims, but only if everyone actually buys it. Uninsured motorist coverage fills the gap when the system fails.

Uninsured Motorist Coverage in New York

New York law requires insurance companies to offer uninsured motorist coverage to every policyholder. You must specifically reject this coverage in writing if you don’t want it. Most people accept it, often without realizing what they’ve purchased.

The minimum coverage amount matches New York’s liability requirements:

• $25,000 per person for bodily injury
• $50,000 per accident when multiple people are injured
• $25,000 for property damage (optional in New York)

Check your insurance declarations page. The coverage is usually listed as UM or UMBI (uninsured motorist bodily injury). This document tells you exactly how much protection you have.

Underinsured Motorist Coverage Explained

Underinsured motorist coverage handles a different but equally frustrating scenario. What happens when you are in an accident with a motorist who has insurance, but not enough to cover your damage costs? This is an accident with an underinsured motorist, a motorist who does not have enough insurance coverage for the situation. Many insurance companies offer coverage specifically for dealing with the underinsured motorist problem.

Imagine someone with minimum coverage of $25,000 hits you. Your medical bills alone reach $75,000, and you haven’t even addressed lost wages or pain and suffering. Their insurance pays out their full $25,000 limit, leaving you $50,000 short.

Your underinsured motorist coverage pays the difference, up to your policy limits. If you carry $100,000 in underinsured coverage, you can claim an additional $50,000 from your own insurer after exhausting the at-fault driver’s policy.

New York includes underinsured coverage as part of the standard uninsured motorist package unless you reject it separately. The two coverages work together to protect you regardless of whether the at-fault driver has no insurance or simply not enough.

Common Challenges in UM Claims

Uninsured motorist claims should be straightforward. You pay premiums for this exact situation. But insurance companies often make the process difficult.

Insurance Company Pushback and Denials

Your insurance company may deny that the other driver was uninsured, claim you’re partially at fault, or argue that your injuries aren’t as serious as you claim. They might offer a lowball settlement, hoping you’ll accept rather than fight.

Some insurers delay processing claims, hoping you’ll give up or accept less out of financial desperation. Others demand excessive documentation or raise technical policy objections.

Disputes Over Injury Severity

Insurance adjusters aren’t doctors, but they love playing one. They’ll scrutinize your medical records looking for pre-existing conditions, gaps in treatment, or any reason to minimize your injuries.

They might hire their own medical experts to examine you. These doctors often conclude that your injuries are minor or unrelated to the accident. Their reports conveniently support the insurance company’s position.

Policy Limits and Coverage Gaps

Your uninsured motorist coverage has limits. If your damages exceed those limits, you’re stuck with the difference. Some policies also contain exclusions or conditions that reduce coverage in specific situations.

Stacking issues arise when multiple vehicles or policies are involved. New York doesn’t allow stacking in most cases, meaning you can’t combine coverage from multiple policies to increase your total available compensation.

Proving Fault in Uninsured Motorist Cases

You must prove that the uninsured driver caused the accident and your injuries. Your insurance company won’t simply take your word for it.

Police Reports and Accident Evidence

Police reports carry significant weight. Officers document the accident scene, interview witnesses, and often indicate who they believe caused the crash. Get a copy of the report as soon as possible.

Medical Records and Injury Documentation

Seek medical treatment immediately after the accident, even if you feel okay. Adrenaline masks pain, and some injuries don’t manifest symptoms right away. Delayed treatment gives insurance companies ammunition to argue your injuries weren’t serious or weren’t caused by the accident.

Follow your doctor’s treatment plan completely. Missed appointments or gaps in care suggest your injuries aren’t as severe as claimed. Keep records of every medical visit, prescription, and therapy session.

Compensation Available in Uninsured Motorist Claims

Uninsured motorist coverage compensates you for the same damages you could recover from the at-fault driver directly. The difference is you’re collecting from your own policy.

Medical Expenses and Ongoing Care

All reasonable medical expenses related to the accident are covered. This includes:

• Emergency room treatment
• Hospital stays
• Surgery and procedures
• Prescription medications
• Physical therapy and rehabilitation
• Medical equipment like crutches or braces
• Future medical care for ongoing conditions

Keep detailed records of every medical expense. Save bills, receipts, and explanation of benefits statements from your health insurance.

How a Lawyer Strengthens Your UM Claim

Insurance companies have lawyers and experienced adjusters working to minimize payouts. You need someone equally skilled fighting for your interests.

Investigating the Accident

We conduct independent investigations to gather evidence your insurance company might overlook or ignore. This includes interviewing witnesses, obtaining surveillance footage, and hiring experts to analyze the accident.

In hit and run cases, we work to identify the responsible driver through vehicle parts left at the scene, paint transfer analysis, and canvassing for witnesses or cameras that captured the incident.

Managing Insurance Communications

Every conversation with your insurance company matters. Adjusters ask questions designed to elicit answers that hurt your claim. Recorded statements can be used against you later.

We handle all communications with your insurer. This prevents you from inadvertently saying something that damages your case and ensures the insurance company takes your claim seriously.

Presenting a Strong Claim for Full Compensation

Insurance companies pay more when faced with well-documented, professionally presented claims. We gather comprehensive medical evidence, calculate all economic losses, and build a compelling case for maximum pain and suffering damages.

If your insurer refuses fair compensation, we prepare your case for arbitration. Our experience presenting claims to arbitrators helps secure awards that reflect the true value of your injuries.

Uninsured Motorist Claim FAQs

What if I don’t know who hit me?

You can still file an uninsured motorist claim for hit and run accidents. You’ll need evidence that another vehicle caused the crash, typically through police reports, witness statements, or physical evidence.

Will my insurance rates increase?

New York law prohibits insurance companies from raising your rates solely because you filed an uninsured motorist claim. You’re claiming coverage you paid for, not filing a claim for an accident you caused.

Can I sue the uninsured driver directly?

Yes, but it’s usually pointless. Uninsured drivers typically lack assets to pay a judgment. Your uninsured motorist coverage provides a realistic path to compensation.

What if the other driver’s insurance company denies coverage?

If the at-fault driver’s insurer denies coverage for any reason, that driver becomes uninsured for purposes of your claim. You can proceed with your uninsured motorist coverage.

How long does the claims process take?

Simple cases may resolve in months. Complex cases involving serious injuries or disputed liability can take a year or more, especially if arbitration becomes necessary.

Contact Long Island Uninsured Motorist Claim Lawyers

Getting hit by an uninsured driver shouldn’t leave you bearing the financial burden of someone else’s negligence. Your insurance policy includes protection for exactly this situation, but accessing that protection often requires fighting your own insurance company.

Contact Sullivan & Sullivan by calling (516) 271-1617 or use our contact form to schedule a consultation about your case. We’ll review your policy, evaluate your case, and explain your options. You paid for this coverage. We make sure you get it.