Overview of Uninsured and Underinsured Motorist Law
New York State requires every motor vehicle registered in the state to carry personal injury liability insurance with a coverage amount of at least $25,000 per person and $50,000 per accident however, many vehicles on our roads carry no insurance at all. If you are involved in a motor vehicle accident with a vehicle which does not carry insurance, you may be able to file a claim against your own insurance company under your uninsured motorist policy, which is automatically a part of your insurance for a minimum amount of $ 25,000 per person and $ 50,000.00 per accident. Another situation in which you may be able to file for uninsured motorist benefits is if you are involved in a hit-and-run accident. These benefits take the place of a claim for pain and suffering against the uninsured responsible party.
Please note that if you are involved in an accident involving multiple vehicles, you can make a claim for uninsured motorist benefits as long as one vehicle involved in the accident is found to be uninsured.
In either of the above situations, certain conditions must be met under your policy or benefits may be denied. These include timely notice to your insurance company and appearances at Medical Examinations or Examinations Under Oath, which may be requested by the insurance company.
If you are involved in an accident with a hit-and-run vehicle, it is important that you follow the policy conditions very closely. For example, you must file an accident report with the police within 24 hours. In addition, you must file a sworn statement with your insurance company indicating that you cannot identify the hit and run vehicle
Jeena Belil has extensive experience in handling Uninsured motorist arbitration and litigation and will assist you in obtaining the benefits you are entitled to. Call now for a free consultation 631-445-7380.
If you were seriously injured in an accident caused by a driver who was carrying only the minimal amount of insurance coverage, the most you could receive for your injuries, no matter how extensive would be only $25,000. Since no one knows when an accident will happen, or what insurance coverage, if any, the responsible parties have, you need to make sure that your vehicle is properly insured.
To protect ourselves and our loved ones in the event of serious injury, make sure that you have sufficient insurance coverage by purchasing supplementary uninsured and underinsured coverage. This additional coverage is available on any auto insurance policy in which the liability limits are higher than the $25,000/$50,000 minimum. Under New York law, every insurance company must offer this type of insurance with up to at least $100,000 per person and a total of $300,000 per accident. Since the law does not permit you to insure yourself in amounts higher than you provide for others on the road, you must provide as much coverage for others as you have in uninsured and underinsured coverage for yourself. The small cost in additional premiums is well worth it.
Take a look at your current auto insurance coverage. Be sure to review the declarations sheet of your insurance policy which lists the type and amounts of insurance coverage you have on your vehicle(s) If you have more than $25,000 in liability coverage, but do not have supplementary uninsured and underinsured coverage, contact your insurance company and purchase this insurance. If you have only the minimum required coverage limits, ask your agent about increasing your limits and adding the supplementary uninsured/underinsured coverage to your insurance. Even if you already have more than the minimum coverage limits, consider increasing your coverage to the maximum amount available. You will be surprised as to how little this coverage costs.
Just as with uninsured motorist claims, you must comply with certain conditions under your policy or benefits may be denied. These include timely notice to your insurance company and appearances at Medical Examinations or Examinations Under Oath. In addition, if you receive an offer of settlement from the negligent party, you must give notice to your own insurance company of the settlement.
Jeena Belil has extensive experience in handling underinsured motorist arbitration and litigation and will assist you in obtaining the benefits you are entitled to. Call now for a free consultation 631-445-7380.
