Can My Insurance Company Deny My Uninsured Motorist Claim in New York?
Getting into a car accident in New York is already a lot to deal with. The situation can worsen when you are involved in a car accident with an uninsured driver, a driver who takes off after the accident, or an unidentifiable driver. After such an accident, you would expect your insurance company to step in and compensate you without any problems or resistance. After all, uninsured motorist (UM) coverage is mandatory in New York. However, many car accident victims are shocked to learn that their insurance company can deny their UM claim. So to answer the question, “Can my insurance company deny my uninsured motorist claim in New York?” The answer is yes. But a denied UM claim might not automatically mean the end of the road. Read on!
A Brief Overview of UM Coverage in New York
In New York, it is mandatory for drivers to purchase UM coverage when buying their auto insurance policy. According to New York Insurance Law section 3420(f)(1), the minimum limit for the required UM coverage is $25,000 per person and $50,000 per accident in bodily injury liability.
In New York, uninsured motorist coverage applies in two major situations;
- You are involved in an accident with a driver who does not have insurance
- You are involved in an accident with a driver who flees the accident scene or cannot be identified
Why Would Your Insurer Deny Your UM Claim?
Insurance companies deny UM claims for various reasons. Below are some of the most common reasons for UM claim denials in New York;
- Late Notice
In New York, uninsured motorist policies have strict deadlines for filing UM claims. In many cases, you must formally notify your insurance company as soon as possible after the collision, often within 30 days. If you fail to meet this deadline, your claim may be denied.
- Lack of Evidence
Insurance companies require detailed evidence that the other driver was uninsured or that you were in a hit-and-run accident. If you don’t provide enough evidence, your claim may be denied.
- Policy Exclusions
It is very common for insurance companies to argue that a UM claim is excluded under the policy. For instance, your insurance company may deny your claim on the grounds that you were driving a vehicle not covered by the policy.
- Failure To Meet the “Serious Injury” Threshold
New York is a no-fault state, meaning that you must meet the serious injury threshold to file a personal injury claim, including an UM claim. According to New York law, a serious injury includes the permanent loss of use of a body organ or significant limitation of the use of a body function. Your claim may be denied if your injuries don’t meet this threshold.
Can You Challenge a Denial?
Yes, you can challenge a denial if you believe your insurance company acted unfairly or failed to meet its legal obligations. The reality is that while some insurers deny UM claims for valid reasons, some do so for invalid reasons. However, you must act quickly and seek proper legal guidance immediately.
Contact Us for Legal Help
If your UM claim has been denied, our skilled Long Island car accident lawyers at Jacobson Law can review your case and help protect your rights. We can help you fight for your deserved compensation.
Source:
nysenate.gov/legislation/laws/ISC/3420