In New York State if you are involved in an automobile accident you are entitled to personal injury protection (PIP) regardless of who may be at fault due to the state’s No-Fault law. In instances when another individual’s negligence was the cause of the accident you can make a bodily injury claim through the at-fault vehicle’s insurance to be compensated for your liability claim. There are times, however, when one may be struck by an individual with insufficient coverage. Read on to see the options available to you if ever faced with this scenario.
UNINSURED COVERAGE (UM)
All drivers in New York State are required to purchase liability insurance that meet the following standards:
- Bodily Injury minimum: Minimum $25,000 per person / $50,000 per accident
- Property Damage minimum: Minimum $10,000 (does not apply to your own vehicle)
- Uninsured/Underinsured Bodily Injury minimum: Minimum $25,000 per person/$50,000 per accident (cannot exceed your BI liability limits)
- Basic Personal Injury Protection minimum: Minimum $50,000
Despite these requirements there are about 5.3% of drivers in New York who operate their vehicles without insurance. Though this places NY as 3rd lowest state (behind Massachusetts and Maine) with uninsured motorists, this still means that there are thousands of drivers out there with inadequate coverage.
The UM coverage helps you if you do not have access to an adverse vehicle’s liability insurance due to an accident caused by:
- Unidentified hit and run driver
- Uninsured out-of-state motor vehicle
- Uninsured NY motor vehicle
- Stolen motor vehicle
- Motor vehicle operated without the consent of the owner
- Unregistered motor vehicle
The Motor Vehicle Accident Indemnification Corporation (MVAIC) while also providing protection in accidents involving uninsured motorists, only steps in as the last resort.
UNDERINSURED COVERAGE (UIM)
Unlike uninsured motorist BI coverage, underinsured motorist coverage (UIM) is not required by New York State. It provides coverage if the at-fault driver in an accident has insufficient liability coverage to fully compensate you.
In both UM and UIM cases a claim has to be filed against your own insurance to process bodily injury claims. UIM claims come into effect after the at-fault driver’s liability has been exhausted. If you find yourself seriously injured by an underinsured motorist, you may have a UIM claim if the injuries you sustain surpass the limits of the negligent driver’s policy.
SEEK AN ATTORNEY EXPERIENCED WITH UNINSURED/UNDERINSURED CLAIMS
Although most insurance companies will acknowledge and honor the UM/UIM provisions of your policy, there are some who may try to reject your UM/UIM claim or offer you very little compensation. It is thus very important to reach out to a personal injury attorney as soon as possible.