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What Happens When You’re in an Accident With an Underinsured or Uninsured Driver?

After a serious accident, you’ll need money from your insurance company and the at-fault driver to cover the costs of your medical bills and lost wages. So you may not know what to do if the other driver was either uninsured or underinsured. Keep reading to see what your options are for recovering compensation after an accident with an uninsured driver.

What Is an Underinsured Driver?

A woman sitting in a hospital bed

Before diving into New York’s insurance laws, here’s a brief overview of the differences between uninsured and uninsured drivers:

  • Uninsured: A driver who is illegally operating a vehicle without car insurance.
  • Underinsured: This is someone who has car insurance, but their policy doesn’t have enough coverage to pay for the costs of the personal injuries or property damage caused by the accident.

How Does New York’s Supplementary Uninsured/Underinsured Motorist Coverage Work?

Since the passing of new laws in 2018, drivers in New York who have car insurance automatically have supplementary uninsured/underinsured motorist (SUM) coverage added to their policies. SUM coverage matches the bodily injury coverage in your liability policy. The state requires a minimum of $25,000 in bodily injury coverage for the injuries of one person and $50,000 for multiple people. Depending on your policy, your car insurance may have even more coverage for injuries.

That may sound like a lot of money, but if you or a loved one has spent days or weeks in the hospital, you know how quickly medical bills can add up. That’s why you shouldn’t accept the first settlement that the insurance company offers you. You’ll be better off hiring a reliable personal injury attorney and waiting until you’ve been thoroughly examined by medical professionals. Then, you and your lawyer will have a better understanding of how much you’ll need to cover treatment, physical therapy, and lost wages.

New York’s No-Fault Laws

Because New York is a no-fault state, drivers can get up to $50,000 to cover expenses related to an accident, regardless of who’s at fault. You must file a claim within 30 days of the accident to receive no-fault reimbursement. This process allows you to receive money while your attorney handles negotiating with the insurance company for a fair settlement.

How Leav & Steinberg Can Help You

It can be difficult to navigate getting compensation after an accident with an uninsured driver. That’s why you should work with the experienced personal injury attorneys at Leav & Steinberg LLP. We’ve helped drivers across New York document their injuries, file claims, and receive the money they need to get their lives back on track. We have offices in Manhattan and the Bronx; plus, our staff can come to you if you’re too injured to travel. To schedule a free consultation with one of our lawyers, call 212-766-5222 today.