New York Uninsured Motorist Accident Attorney
How to File an Uninsured or Underinsured Motorist Claim in New York
One of the most important types of auto insurance is the insurance you buy for yourself: uninsured motorist and underinsured motorist coverage. If you are injured by a driver who is uninsured or does not have enough insurance to pay for your damages, you could turn to your uninsured motorist (UM) and/or supplemental uninsured motorist (SUM) coverage for the money you need to pay your bills.
At The Paris Law Group, PC, our New York uninsured accident attorney can help you understand your various legal options after an accident. We offer a free initial consultation to help you explore all of your options and we do not charge any upfront or out-of-pocket fees. Reach out to us today to learn more.
Injured by an uninsured or underinsured motorist? Contact us online or call (888) 365-4940 to schedule your free initial consultation.
Do I Have Uninsured Motorist Coverage?
In New York, insurance companies are required to provide you with coverage for uninsured motorists. In other words, UM coverage is mandatory in the state of New York. The minimum amount of uninsured motorist coverage is $25,000 for one person and $50,000 for two or more people injured in an accident.
You can also choose to purchase additional underinsured motorist coverage. In New York, this is known as supplemental uninsured motorist, or SUM, coverage. You can buy supplemental uninsured motorist coverage equal to the amount of liability insurance you carry, up to $250,000 per person and $500,000 for two or more people injured in an accident.
What Is SUM Insurance?
SUM insurance is a bargain considering the extra level of protection it provides you and your family. According to the Insurance Research Council, approximately 9% to 11% of drivers in New York are uninsured. A far greater percentage of drivers are underinsured, carrying only the minimum about of liability coverage, which is $25,000 for one person and $50,000 for two or more people injured in an accident. If you have suffered a serious injury, $25,000 will not go far in paying for your losses. This is where your SUM insurance will kick in, covering you for the additional losses not covered by the other driver’s insurance.
Changes to New York’s SUM Insurance Law
In 2018, a new SUM insurance law signed by Governor Cuomo came into effect. The new law carried several key changes for New York drivers.
Below are some things you should know about the recent change to New York’s SUM insurance laws:
- Your SUM coverage must now match your bodily injury coverage, unless you choose to opt out. Before, you could choose to have a higher bodily injury limit and a lower SUM limit; now, your SUM coverage must match your bodily injury coverage unless you specifically state otherwise.
- Additional SUM coverage to match your bodily injury coverage will carry additional costs, meaning you will pay more in insurance under the new law for increased SUM coverage unless you choose to opt out.
- To opt out, you will need to tell your insurance provider that you do not wish to increase your SUM coverage. You should receive a waiver from your insurance provider; be sure to ask for and keep a copy of this waiver for your records.
- Your insurance provider is also now required to notify you of additional SUM coverage each year. This means they must inform you of SUM limits and various options you have to increase your coverage.
Changes in New York’s SUM insurance laws only apply to new insurance policies purchased after June 16, 2018.
Why You Need an Attorney
It’s important to seek legal advice when filing an uninsured or underinsured motorist claim. Notably, if you accept a settlement after an auto accident without your insurance company’s approval, your insurance company can immediately terminate your SUM coverage without payment. If you were involved in a car crash, reach out to our New York UM/SUM attorney before speaking to the insurance company or accepting any settlement offer.
Our founding partner, Jason Paris, can help you maximize your recovery and avoid mistakes that can result in your insurance company denying your claim. We can also help you file an uninsured or SUM claim if you are an injured pedestrian or bicyclist.
Contact Us Today for a Free Consultation
At The Paris Law Group, PC, we realize just how stressful and overwhelming it is to be involved in any type of motor vehicle accident. When the other driver flees the scene or doesn’t have adequate insurance to cover your losses, you are likely to face additional worries about how you are going to be able to pay for your medical bills, lost wages, and other damages.
We encourage you to reach out to our legal team as soon as possible to discuss your situation with a compassionate, experienced, and highly knowledgeable attorney. At The Paris Law Group, PC, our goal is to help make you whole again.
For a free, no-obligation consultation, call us at (888) 365-4940. Se habla español.
Slip & Fall $11 Million
A well-known cellist was awarded almost $11 million after a slip and fall in a gourmet food market that resulted in injuries that now hamper her ability to play the instrument.
Pedestrian Knockdown $2.8 Million
The client was a pedestrian crossing the street when she was hit by a yellow school bus making a left-hand turn. As a result of the impact, she was forced to fall to the ground and sustained an injury to her shoulder and lower back, both of which resulted in surgeries.
Bus Accident $2.1 Million
A mediated settlement was reached on the eve of trial on behalf of the client who was a driver of a motor vehicle which was struck in the rear by a bus.
Pedestrian Accident $2 Million
The client, a young boy, was crossing the street near his home on Staten Island when he slipped on ice in the roadway and was hit by a car.
Car Accident $1.7 Million
The client was an ambulance driver responding to an emergency call. While in the process of making a left-hand turn with the ambulance lights and sirens in operation, he was struck by a vehicle going straight.
Truck Accident $1.5 Million
The client, a 37-year-old man, was struck in the rear by a truck while driving his car and subsequently underwent neck surgery. The defendant claimed the client cut him off. We aggressively litigated the case and on the eve of trial the defendant agreed to pay $1.5 million after previously taking a no-pay position.
Car Accident $1.25 Million
Through aggressive litigation, full policy limits in the amount of $1.25 million were tendered within 14 months of the accident for the injured passenger in a motor vehicle accident. The client was a rear-seat passenger in a motor vehicle that was pulled over on the shoulder of the Staten Island Expressway when it was rear-ended by the defendant in the early morning hours.
Slip & Fall $1.2 Million
The client tripped and fell coming out of a bar in Staten Island, sustaining injuries to her knee, neck, and back. The bar claimed that the accident never happened, and the bar blamed the owner of the premises for the condition of the sidewalk, with the owner of the premises blaming the bar.
Slip & Fall Injury $1 Million
A settlement was reached with a confidential defendant as a result of a fall at work. The client worked as a cash handler collecting money from banks. After picking up a bag of cash from a bank and placing it in the back of his armored vehicle, the security ink packets exploded frightening the client and causing him to fall backward, striking his head against the floor.
Scaffolding Accident $1 Million
In very contentious litigation and after extensive negotiations and multiple mediations, a settlement was reached for the client in the amount of $1 million. The client was working on a scaffold at a construction site when he lost his balance and fell 10 feet to the ground.