Understanding Uninsured Motorist Coverage in New York
Car accidents are devastating on their own. The situation becomes even more stressful when the driver responsible for the accident does not have insurance or has insufficient insurance. Despite New York requiring drivers to carry auto insurance, many drivers drive without insurance. This makes uninsured motorist (UM) and underinsured motorist (UIM) coverage crucial for New York drivers. These policies can offer financial protection when the at-fault driver is unable to pay for the injuries and damages they caused.
Below, we discuss how UM/UIM coverage works in New York, its importance, and the steps to take if an uninsured or underinsured motorist injures you.
Defining Uninsured and Underinsured Motorist Coverage
Uninsured motorist (UM) coverage is a form of auto coverage that protects you if you are injured in an accident by,
- A driver who does not have insurance
- A driver who cannot be identified, such as in a hit-and-run incident
UM coverage can help cover;
- Medical expenses
- Pain and suffering
- Lost wages
- Other damages that the at-fault driver would normally cover
On the other hand, underinsured motorist (UIM) coverage applies if you are involved in an accident with a driver who has insurance, but their sum assured is too low to cover all your damages. Your UIM coverage allows you to pursue additional compensation from your insurance provider. It helps cover the difference between the at-fault driver’s policy limits and the actual value of your damages.
Uninsured Motorist Coverage in New York
New York is among the states that require drivers to purchase UM coverage as part of their auto insurance policy. According to New York law, the minimum requirements for UM coverage in the state are $25,000 per person and $50,000 per accident in bodily injury liability(BIL). However, UIM coverage for property damage is not mandatory.
UM benefits follow the insured individual, not just the car. This means you are protected even as a pedestrian or cyclist if an uninsured or unidentified driver hits you. UM coverage also applies to your household family members and passengers in your car. And in case you don’t have UM coverage, you may be able to “step into the shoes” of a household relative’s policy.
Underinsured Motorist Coverage in New York
Underinsured Motorist (UIM) coverage, which is provided through Supplementary Uninsured/Underinsured Motorist (SUM) coverage, is optional in New York state. However, it is highly advisable to purchase this type of insurance.
Steps To Take After an Accident With an Uninsured or Underinsured Driver
If you are injured by an uninsured or underinsured driver or a driver who cannot be identified, and have UM/UIM coverage, you can file a claim with your insurer. However, just because you’re filing a claim with your insurance company does not mean the process will be easy. You can still face challenges because insurance companies are businesses like any other and are looking to grow their profits.
Here are some important steps to take to protect your rights;
- Report the accident immediately to the police and your insurer
- Seek prompt medical attention
- Document everything
- Consult an attorney
A skilled attorney can help protect your rights and handle negotiations and litigation if necessary.
Contact a Long Island Car Accident Lawyer
If you’ve been injured by an uninsured, underinsured, or unidentified driver, speak with our experienced Long Island car accident lawyers at Jacobson Law to understand your legal options, ensure your rights are protected, and maximize your recovery.
Source:
nj.gov/dobi/ins_ombudsman/wysk3.htm#:~:text=Uninsured%20Motorist%20coverage%20is%20the%20term%20used%20when%20there%20is%20no%20coverage%20at%20all%20on%20the%20other%20vehicle.%20Underinsured%20Motorist%20coverage%20is%20the%20term%20used%20when%20the%20other%20vehicle%27s%20policy%20limit
