Every state, New York included, has minimum insurance coverage requirements for motorists. Unfortunately, not all comply with these mandates. In other cases, motorists tend to carry only the minimum required coverage amounts which can leave those injured in an accident under-compensated for the harm suffered. So, what do you do if you are hit by an uninsured or underinsured motorist? You may have a few options available.
What Happens If You Are Hit by an Uninsured or Underinsured Motorist?
An uninsured motorist is one that does not carry the minimum required insurance coverage. An uninsured motorist is considered to be a motorist whose insurance is not adequate to cover the damages the policyholder caused in an auto accident. In either case, the party injured by the negligence of the uninsured or underinsured driver can be put in a scary position. The harm suffered in an auto accident can be extensive and expensive. The prospect of not having enough available insurance coverage to properly compensate the victim can be anxiety-inducing, to say the least.
First, it must be made clear that New York is, in fact, a no fault car accident state. This means that, regardless of who was at fault in causing an accident, an injured party must first go through his or her own insurance coverage and access the available personal injury protection provided by the policy. This coverage will provide compensation for things like medical bills and lost wages. Furthermore, a person may carry additional med pay coverage for other medical expenses that may exceed the personal injury protection coverage.
For serious injuries that exceed the personal injury protection coverage, an injured motorist can go after the bodily injury liability coverage for the at fault party in an accident. If the at fault party is uninsured, then the injured party may be out of luck. He or she can attempt to secure a judgement against the at fault party personally, but it is often the case that the at fault party lacks sufficient assets to fulfill the judgment. If the at fault party carries insurance, but it is not enough to fully satisfy a claim, then the insurance limits may be accessed with the remaining costs and liabilities left to the injured party to cover. In the event that a person is injured by the negligence of an uninsured or underinsured driver, he or she may make a claim against their own UM/UIM coverage, should their policy include such coverage. In addition to UM/UIM coverage and med pay coverage, health insurance can also help an injured party cover the costs of injuries sustained in an accident when the at fault party is either uninsured or underinsured.
New York City Personal Injury Attorney
No matter what the insurance situation may be, Attorney Michael J. Redenburg, Esq. P.C. is here to help you explore all options to help you get properly compensated for the harm you have suffered in an accident. Contact our office today.