Being involved in a collision in New York is stressful enough, but discovering the at-fault driver is uninsured can add a significant layer of complexity and concern. The state’s legal framework aims to provide some protection in such scenarios, primarily through Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage. Understanding these provisions is vital for anyone facing this unfortunate situation. Please continue reading as we explore what you should know about these matters and the importance of connecting with our determined Westchester County Car Accident Attorneys for guidance.
What is the Difference Between Uninsured Motorist (UM) and Underinsured Motorist (UIM) Coverage?
If you have been struck by an uninsured motorist, a distinct set of challenges presents itself, primarily stemming from the absence of a liable insurance provider to pursue. Unlike collisions involving insured drivers, where recourse against their insurance carrier is a viable option for compensation, the uninsured scenario alters this dynamic.
Nevertheless, New York law mandates that all drivers carry uninsured motorist coverage as part of their basic auto insurance policy. This type of coverage allows an injured party to file a claim against their insurance provider for medical expenses, property damage, and other losses when the at-fault driver is uninsured, underinsured, or it’s a hit-and-run. This serves as a safety net, ensuring wrongfully injured parties are not burdened with significant out-of-pocket expenses. The minimum Uninsured Motorist coverage required in New York is $25,000 for bodily injury per person and $50,000 per accident. It’s important to note that you can purchase higher limits of Uninsured Motorist coverage than the minimum required for better protection.
Underinsured motorist coverage is not mandatory. However, it can be utilized when the at-fault driver has insurance, but it’s not enough to cover the full extent of your damages. While optional, you should consider this extra layer of protection in the event you are injured by an underinsured motorist.
What Should I Do If the At-Fault Driver is Uninsured?
If you have been struck by an uninsured driver in New York, knowing the proper steps to take can help protect your rights and interests. First and foremost, you should prioritize your safety by calling 911. Even if the accident seems minor, you should call the police to file an official report. Seeking immediate medical attention is crucial, as certain symptoms may not manifest until hours even even days later. Prompt medical care not only ensures proper diagnosis and treatment but also provides essential documentation linking your injuries to the accident.
Despite their lack of required insurance, you must collect the other driver’s contact information, driver’s license number, and vehicle information. If there are any witnesses, it’s advisable to gather their contact information as well. Their testimony can be invaluable, potentially corroborating your version of the events.
If you are physically capable, you should take photos and videos of the accident scene, vehicle damage, road conditions, and any visible injuries. Finally, you should consult with a qualified personal injury attorney from Hausman & Pendzick, who can help you understand your UM/UIM coverage and maximize your claim. Connect with our firm today to learn how we can help you fight for the justice you deserve.