Accidents Caused by Uninsured and Underinsured Vehicles

HOW AM I COMPENSATED FOR PERSONAL INJURIES IF THE CAR THAT CAUSED THE ACCIDENT WAS NOT INSURED OR IF IT LEFT THE SCENE WITHOUT BEING IDENTIFIED?

In the state of New York vehicle owners have the option of purchasing Supplemental Uninsured Motorist (SUM) coverage. Under this coverage the occupants of an insured vehicle may seek compensation for injuries caused by either an uninsured vehicle or an underinsured vehicle. In Accordance with the New York statute, the value of these claims are determined by an arbitrator through the American Arbitration Association. 

Under the SUM Endorsement which was drafted by the New York Insurance Department, an uninsured vehicle includes the following:

1. A motor vehicle that is not covered by a liability policy (including a motor vehicle where the policy has been cancelled for non-payment of the premium, a stolen vehicle, a vehicle operated without the permission of the owner or an unregistered vehicle).

2. A vehicle which hits the car you are in and then leaves the scene without being identified.

3. A motor vehicle covered by insurance at the time of the accident where the insurer denies coverage or becomes insolvent.

Please note that in order to receive compensation under the uninsured motorist endorsement for a hit and run accident, the vehicle which flees the scene must actually make contact with the car in which you are sitting. Therefore, if another car cuts you off and causes you to drive off the road and into a tree, the uninsured motorist coverage will not pay for your pain and suffering because the other vehicle did not touch your vehicle.

HOW AM I COMPENSATED FOR A SERIOUS INJURY IF THE CAR THAT CAUSED THE ACCIDENT HAD ONLY A MINIMAL LIABILITY INSURANCE POLICY LIMIT?

The SUM Endorsement also contains underinsured coverage which applies when the vehicle which causes the accident has a liability insurance policy limit which is smaller than the underinsured motorist policy limit for the car in which you are the driver or passenger. For example, when a Hyundai disregards a stop sign and crashes into the side of Mercedes, if the Hyundai has a liability policy limit of $25,000.00 per person and the Mercedes has an underinsured motorist policy limit of $100,000.00 per person, an occupant of the Mercedes may settle with the Hyundai's insurance company for $25,000.00 and then seek $75,000.00 from the underinsured motorist endorsement of the Mercedes policy.

ARE THERE ANY SPECIAL NOTICE REQUIREMENTS FOR MAKING AN UNINSURED OR UNDERINSURED MOTORIST CLAIM?

The uninsured and underinsured motorist endorsement require claimants to provide notice to the insurance company of their claims within 90 days from the date that they knew or should have known they had either an uninsured or underinsured motorist claim. In order to avoid missing the 90 day deadline, your attorney should send a letter to the insurer of the vehicle which you occupied , notifying them of either an uninsured motorist claim or a potential uninsured motorist/underinsured motorist claim.

If you find yourself injured in a car accident caused by a vehicle which was either uninsured, underinsured, or left the scene without being identified, you will need an experienced personal injury attorney to handle your case right from the beginning. Therefore, you should contact The Feldman Firm.

PERSONAL INJURY LAWYER DISCLAIMER: Please note that the above general legal information is not legal advice, and the above information does not create an attorney/client relationship between the The Law Offices of Barry Richard Feldman LLC and the reader. For legal advice regarding your specific case, please schedule a free consultation with attorney Barry Feldman.