Hurt in an Accident with an Uninsured/Underinsured Motorist in New York?

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 Crash

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 New York Car Accident Attorney at WRSMH

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 attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP 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, WRSMH attorney 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

WRSMH attorney 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.


$5.5 Million - New York Motor Vehicle Accident

WRSMH attorney 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

$4.5 Million - Two Passengers Injured in Rear-end Accident

Jay Wechsler obtained an excellent result at the early stages of a case for two clients who were injured in a rear-end accident.

Jay Wechsler

$3.4 Million - Two Backseat Passengers Suffered Severe Injuries in Rear-End Accident

Konstantin Burshteyn successfully represented two backseat passengers who suffered injuries in a rear-end accident.

Konstantin Burshteyn

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

Attorney 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

Cliff Shapiro and another WRSMH attorney 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.

Clifford Shapiro

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

WRSMH 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.


$2.8 Million - Three Car Auto Accident in NY

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


$2.766 Million - Passenger Injured in Sideswipe

Konstantin Burshteyn represented a client, a passenger in a vehicle, who sustained multiple injuries in a sideswipe accident.

Konstantin Burshteyn

$2.75 Million - Rear-end Van Accident in Queens

Douglas Milch obtained a large settlement for a group of individuals injured in a van accident in Queens on the Grand Central Parkway.

Douglas Milch

$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 - Queens County Resident's Vehicle Hit by Rental Truck

Douglas Milch obtained a large settlement for a Queens County resident who was injured in a collision with a rental truck.

Douglas Milch

$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

$2.3 Million - Sideswipe Accident Causes Serious Injury

Michael Fitzpatrick obtained a large settlement for an immigrant, who was a passenger in a vehicle that was sideswiped in a Brooklyn.

Michael Fitzpatrick

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

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


$2.25 Million - Rear-End Motor Vehicle Collision

Our client sustained multiple injuries as the result of a rear-end motor vehicle collision.

Stephen Wagner

$2.25 Million - Passenger Injured in Rear-End Accident

Konstantin Burshteyn successfully represented a client who sustained multiple injuries as a passenger in a rear-end accident.

Konstantin Burshteyn

$2 Million - New York Rear-End Collision

Kenneth Halperin and another WRSMH attorney 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.

Kenneth Halperin

$2 Million - Intersection Accident in Brooklyn

WRSMH was 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.


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