What Are My Options If I Get Struck by an Uninsured Motorist?
What Are My Options If I Get Struck by an Uninsured Motorist?

What Are My Options If I Get Struck by an Uninsured Motorist?

In New York State in case you are involved in an vehicle accident you are entitled to non-public damage safety (PIP) no matter who may be at fault due to the country’s No-Fault law. In instances whilst any other person’s negligence became the cause of the twist of fate you could make a bodily injury declare via the at-fault automobile’s coverage to be compensated on your liability claim. There are times, however, whilst one can be struck with the aid of an individual with inadequate coverage. Read on to peer the alternatives available to you if ever faced with this situation.



All drivers in New York State are required to purchase legal responsibility insurance that meet the subsequent requirements:

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Bodily Injury minimum: Minimum $25,000 according to character / $50,000 in keeping with accident

Property Damage minimum: Minimum $10,000 (does now not observe on your personal automobile)

Uninsured/Underinsured Bodily Injury minimal: Minimum $25,000 in line with man or woman/$50,000 in keeping with twist of fate (can’t exceed your BI liability limits)

Basic Personal Injury Protection minimal: Minimum $50,000

Despite those necessities there are about five.3% of drivers in New York who operate their automobiles with out insurance. Though this places NY as third lowest country (at the back of Massachusetts and Maine) with uninsured motorists, this still way that there are heaps of drivers available with insufficient insurance.

The UM insurance allows you in case you do now not have get entry to to an adverse vehicle’s legal responsibility coverage due to an accident because of:

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Unidentified hit and run motive force

Uninsured out-of-country motor automobile

Uninsured NY motor automobile

Stolen motor automobile

Motor automobile operated with out the consent of the owner

Unregistered motor vehicle

The Motor Vehicle Accident Indemnification Corporation (MVAIC) even as also imparting safety in injuries involving uninsured motorists, only steps in as the last resort.


Unlike uninsured motorist BI coverage, underinsured motorist insurance (UIM) isn’t always required by way of New York State. It affords coverage if the at-fault driver in an coincidence has inadequate legal responsibility coverage to fully compensate you.

In each UM and UIM instances a claim has to be filed in opposition to your own insurance to technique bodily damage claims. UIM claims come into effect after the at-fault driving force’s liability has been exhausted. If you locate yourself severely injured via an underinsured motorist, you may have a UIM claim if the injuries you sustain surpass the bounds of the negligent driver’s policy.

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Although most insurance corporations will acknowledge and honor the UM/UIM provisions of your coverage, there are a few who can also try to reject your UM/UIM declare or offer you little or no compensation. It is thus very important to attain out to a private harm lawyer as quickly as feasible.

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