How Uninsured Motorists Insurance Works Under State Laws

If you carry the minimum auto coverage required in NY, you have uninsured motorists coverage.

Under New York insurance laws, motorists must carry three types of coverage:

No-fault insurance (also called Personal Injury Protection or PIP). Regardless of who is at fault for causing the accident, no-fault insurance covers economic losses (meaning medical/health expenses, lost earnings, and certain other reasonable and necessary expenses related to injuries sustained), up to $50,000 per person. It covers the driver, all injured passengers and any pedestrians injured in the accident.

Liability insurance. The law requires a minimum of liability insurance of $25,000 for bodily injury to one person, $50,000 for bodily injury to all persons, and $10,00 for property damage in any one accident. Liability insurance covers the damages to another party in the event you are sued for causing the accident.

Uninsured Motorists insurance. When injured in an accident caused by an uninsured motorist or in a hit-and-run accident, uninsured motorists coverage may apply.

(NYS Department of Financial Services)

When does uninsured motorists coverage apply?

If your injuries exceed $50,000, which is covered by no-fault insurance, and your accident was either a hit-and-run or was caused by an uninsured motorist, you can file a claim with your insurance company.  The claim would request that the uninsured motorist coverage pay for the economic losses that exceed the no-fault policy limit.

Why would you need a lawyer for uninsured motorist compensation?

Your insurance company may deny your claim or attempt to pay less than the amount of compensation you deserve. Evidence is necessary to substantiate a claim, which is why it is important to notify your insurance company about the accident as soon as possible and also to file a police report. Your attorney can acquire medical records of examinations and treatment for injuries sustained in the accident. You should also keep receipts for medical expenses because doing so can help substantiate the damages you have suffered.

When to Seek Legal Help

You are advised to seek legal help as soon as possible. At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss your accident and evaluate how we can assist you.