Accident with an Uninsured/Underinsured Motorist

Not all drivers are under the protection of insurance. A driver who fails to carry automobile insurance is in violation of the state compulsory automobile insurance laws, which requires all drivers to be under motorist insurance to protect him from accident damages. Recovery for damages becomes more difficult when dealing with an uninsured car crash in New York. When a driver is at fault and he is insured, the recovery for damages is usually easier and straightforward.

An uninsured driver is one who has not insured his vehicle, while an underinsured driver is one who insured his vehicle, but whose insurance is not enough to cover all damages that were sustained by the vehicle. It is very risky to drive without proper insurance, especially when a person encounters an accident. A driver should always make sure that he is covered by a sufficient insurance that will compensate all his needs, should the uninsured/underinsured driver be at fault.

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Can I File a Claim Against an Underinsured Driver in NY?

Although a driver can file a legal case against a driver whose insurance is not sufficient or who is not at all covered by any insurance, it is never a guarantee that the person at fault will be able to compensate the victim. Compensation usually includes medical support and car repairs. Many other factors will matter, so it is wise to consult a top-rated NY car accident lawyer to advise you with the legal actions you should make.

Some insurance companies allow a compensation of up to $15,000 for every injured person, and an additional $5,000 for all property damages. If you calculate, this will not be enough to cover medical expenses and car repair. Today, there is uninsured/underinsured coverage for drivers, in case the party at fault is uninsured or underinsured. If you avail of this, you can be certain that someone else is going to cover all your medical needs and other property repairs in case an unwanted accident happens.

inspecting damaged vehicle

Being injured from a collision can result in far more damages than an insurance company could ever pay you, so it is important that you get just compensation for your loss.

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Compensation for Your UI/UIM Car Accident

Although the insurance can pay for all the property damages and hospital bills, they are usually not liable for your loss of earning capacity. The uninsured/underinsured insurance can fill the gap and pay you for your lost income, depending on the level of injury sustained.

If you were injured by a driver, it is important to find out if the driver is insured. You will have until 14 days to report a crash, and until 3 years to claim injury compensation. You should report the car crash at the soonest possible time. You can then consult an attorney to know the proper legal actions that should be taken against the uninsured/underinsured driver who was at fault.

You need to be able to produce enough evidence that will prove that the driver was really at fault, so it is wise to seek the help of a New York underinsured motorist attorney for the quick documentation of the evidence that will stress the fault of the driver who caused the injury.

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Contact a NY Car Accident Attorney at WRSH

If you or someone you love has been injured in an auto collision in New York and are now dealing with an underinsured or uninsured motorist policy, it is imperative that you seek the guidance of experienced legal counsel as soon as possible. The New York attorneys at Wingate, Russotti, & Shapiro can help you during this difficult time. Contact us today at (212) 986-7353 for a free consultation of your case.

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Additional Information

Our Car Accident Case Results

$8.3 Million - New York State Record-Setting Verdict for Single Level Cervical Discectomy

Pursuant to the New York Jury Verdict Reporter, WRSH partner Frank J. Lombardo obtained the highest recorded verdict in the State of New York for a single level cervical discectomy.

Frank Lombardo

$6.2 Million - Intersection Accident

Andrea V. Borden was able to obtain a jury verdict in the amount of $6.2 million on behalf of our client, a 60-year-old Brooklyn woman involved in a motor vehicle accident.

Andrea Borden

$5.5 Million - New York Motor Vehicle Accident

WRSH partner Bryce Moses obtained a verdict in the amount of $5,500,000 for our client who was exiting the Staten Island Expressway when her motor vehicle was struck by a Con Edison van.

Bryce Moses

$4.9 Million - NY Car Accident Injury

Our client, a man in his 30s, was standing next to the rear of a truck while working as an assistant mover, when the defendant driver struck a middle car in the rear and propelled it into our client.

Philip Russotti

$3.5 Million - Young Woman Run Over By Garbage Truck

Bryce Moses represented a young woman who was run over by a garbage truck in Brooklyn that shattered her ankle in three places.

Bryce Moses

$3.3 Million - Client Struck By Van While On a Scooter

Partner Jason Rubin obtained a large settlement for a man who was injured after being struck by a van while on a scooter.

Jason Rubin

$3 Million - NY Motor Vehicle Accident

Joseph Stoduto and Cliff Shapiro were able to obtain a settlement in the amount of $3,000,000 on behalf of a forty-five year old man from Queens who suffered injuries to his neck and lower back in a crash.

Joseph Stoduto, Clifford Shapiro

$2.9 Million - NY Access-A-Ride Van Accident

WRSH attorney settled the case of our client who was hit by an Access-A-Ride van after mediation and before trial for $2.9 million dollars.

Joseph Stoduto

$2.8 Million - Three Car Auto Accident in NY

WRSH Partner obtained a $2.8 million settlement during trial for our client who was involved in a 3 car accident. The plaintiff was struck twice from behind in a rear-end collision involving two vehicles.

WRSH LLP

$2.75 Million - NY Intersection Car Accident

Phil Russotti and Kenneth Halperin obtained a settlement for our client in the amount of $2,750,000, in this case in which the plaintiff's motor vehicle was struck in the rear.

Philip Russotti, Kenneth Halperin

$2.5 Million - Auto vs. Pedestrian Accident in New York

Phil Russotti obtained a 2.5 million dollar settlement for a 57 year old man who was struck by a car while walking his dog on the side of a roadway that did not have sidewalks.

Philip Russotti

$2.5 Million - Man Struck By Car Walking Dog

Phil Russotti obtained a 2.5 million dollar settlement for a 57 year old man who was struck by a car while walking his dog on the side of a roadway that did not have sidewalks.

Philip Russotti

$2.5 Million - New York Motor Vehicle Accident

Kenneth Halperin obtained a combined settlement in the amount of $2,500,000 for a 66 year old woman and her 32 year old daughter who were injured in a motor vehicle accident.

Kenneth Halperin

$2.281 Million - Van Rear-Ended by Tractor-Trailer

William Hepner obtained a substantial settlement at mediation for a girl who was 8 years old when the van she was in was rear-ended by a tractor-trailer carrying a load of fuel.

William Hepner

$2.25 Million - Permanent Injuries from Rear-end Accident In The Bronx

Paul Cordella recently settled a case for a client who sustained permanent neck and back injuries after being rear-ended in the Bronx.

Paul Cordella

$2 Million - NY Rear-End Accident

WRSH attorneys Joseph Stoduto and Kenneth Halperin were able to obtain a settlement in the amount of $2,000,000 on behalf of our client, a 40-year-old woman from Kings County.

Joseph Stoduto, Kenneth Halperin

$2 Million - Intersection Accident in Brooklyn

WRSH attorneys Joseph Stoduto and Andrea Borden were able to obtain a recovery after trial in the amount of $2,000,000 on behalf of our client, a 60-year-old housekeeper from Kings County.

Joseph Stoduto

$2 Million - Rear-Ended by a School Bus

WRSH attorneys Joseph Stoduto, Bryce Moses, and Nicole Gill were able to obtain a settlement in the amount of $2,000,000 on behalf of our client, a 50-year-old woman from Kings County.

Joseph Stoduto, Bryce Moses, Nicole Gill

$2 Million - New York Rear-End Collision

WRSH attorneys Joseph Stoduto and Kenneth Halperin were able to obtain a settlement in the amount of $2,000,000 on behalf of our client, a 45-year-old man from Queens County.

Joseph Stoduto, Kenneth Halperin

$2 Million - Woman Injured After Her Car Was Struck by a Bus

Wingate, Russotti, Shapiro & Halperin, LLP settled a case for $2,000,000.00 for a plaintiff who was injured when the car she was driving was struck by a bus.

Joseph Stoduto

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