FAQs About Uninsured and Underinsured Coverage in New York
Getting into a car accident is stressful enough on its own. The last thing you want is to find out the other driver doesn’t have enough insurance to pay for your damages. In New York, uninsured motorist (UM) and underinsured motorist (UIM) coverage can really make a difference in such cases.
Many drivers aren’t quite sure how these coverages work, so here are some common questions and their answers to clarify things.
What Is UM Coverage?
Uninsured motorist (UM) coverage is mandatory in New York. If you get hit by a driver with no insurance or are involved in a hit-and-run accident, this coverage is your safety net. It pays for your bodily injury damages, such as medical bills, lost wages, and pain and suffering.
An important thing to note is that UM coverage doesn’t cover property damage to your car or belongings.
What Is Underinsured Motorist Coverage?
Underinsured motorist (UIM) coverage applies when the at-fault driver has coverage, but it is not enough to cover all your damages. Basically, UIM fills the gap between the at-fault driver’s policy and what you actually need, up to the limit you chose. It keeps you from being left paying huge bills after a serious accident.
Is UM/UIM Coverage Required in New York?
Under New York law, you have to carry UM coverage. On the other hand, UIM coverage, which is provided through Supplementary Uninsured/Underinsured (SUM) coverage, isn’t mandatory. However, insurance companies in New York are required to offer UIM coverage as optional coverage.
While UIM coverage is not mandatory, it is highly advisable to purchase it. If you refuse to purchase UIM coverage, you are exposing yourself to more risk should you be involved in an accident with an underinsured driver.
How Do I File a UM or UIM Claim?
Here’s what the process of filing a UM/UIM claim in New York typically looks like:
- Letting your insurance company know about the accident as soon as you can.
- Proving documentation of your damages, including medical bills and lost wages.
- Cooperating with your insurance company.
- Negotiating a settlement
- If the insurance company fails to make a fair offer, you can file a lawsuit and even go to trial.
Common Challenges With UM/UIM Claims
Because you are dealing with your insurance company, you may assume that the process will be smooth. But rarely is this the case. People pursuing UM/UIM claims face several challenges, including:
- Disputes Over Liability: Even if the other driver was clearly at fault, your insurer may argue that you were partially or fully responsible to avoid paying the claim.
- Challenges to Injury Severity: Insurers often claim that your injuries are not as severe as reported, were pre-existing, or that your treatment was unnecessary. They often use independent medical examinations (IMEs) to support such claims.
- Lowball Settlement Offers: Insurers may offer quick, premature settlements that are far below the actual value of your damages, hoping you will accept them out of financial desperation.
- Delays in the Investigation: Your insurance company might keep asking for unnecessary paperwork, take time to respond, or make the process difficult to frustrate you.
A skilled New York car accident lawyer can guide you through these challenges and help you recover what you deserve.
Contact Us for Legal Help
If you’ve been injured by an uninsured or underinsured driver in New York, contact our experienced Long Island car accident lawyers at Jacobson Law today to protect your rights and recover the compensation you deserve.