Uninsured and Underinsured Motorist Coverage: Strategies to Maximize Your Recovery After a Serious Crash
Being involved in a serious car accident, especially when the other driver is uninsured or underinsured, is stressful. Dealing with insurance systems can be challenging, but uninsured motorist (UM) and supplemental underinsured motorist (SUM) coverage are important tools that can help you pursue the compensation you need.
At the Law Office of Steven R. Smith, located in Garden City, New York, we understand the stress and financial burden that often occurs after a motor vehicle accident. We can help you explore UM and SUM coverage, how they work, and how you can use them to maximize your recovery through a personal injury claim. Contact us today to schedule a free consultation.
What Is Uninsured and Underinsured Motorist Coverage?
Uninsured and underinsured motorist coverage are essential parts of your automobile insurance policy. Under New York law, liability insurance is required for all drivers. However, not everyone complies with this law, and some carry only the minimum amount of coverage, which may not be enough to cover your damages in a severe crash.
This is where uninsured motorist (UM) and supplemental underinsured motorist (SUM) coverage steps in. UM coverage is designed to compensate you when the at-fault driver in an accident does not have insurance, and SUM coverage applies when the at-fault driver’s insurance coverage limits are too low to fully compensate you for your damages.
Both types of coverage offer a critical safety net for accident victims to make sure you have recourse to pursue compensation when the responsible party cannot pay for the damages they caused.
How UM and SUM Coverage Work in New York
New York is a no-fault insurance state, meaning your own personal injury protection (PIP) coverage will initially pay for your medical expenses and lost wages regardless of who was at fault for the accident. However, if your injuries are severe and you exceed the limits of your PIP coverage, you may need to file a claim against the at-fault driver and pursue UM and SUM to cover your additional expenses.
In New York, the minimum required UM coverage is $25,000 per person and $50,000 per accident. Unfortunately, many drivers with UM coverage carry only the minimum. If your damages exceed these limits, New York's supplemental underinsured motorist (SUM) coverage can provide additional financial protection by allowing you to recover compensation from your own policy after the at-fault driver’s policy limits are exhausted.
Steps to Take After a Serious Motor Vehicle Accident
Recovering compensation after an accident with an uninsured or underinsured driver requires careful preparation and knowledge of your insurance policy. The key steps you will need to take to file a UM or SUM claim include the following:
Report the accident: Notify the police immediately after the accident and file a formal accident report. This documentation is vital for your UM or SUM claim.
Seek medical attention: Prompt medical treatment is crucial for your health and for establishing the extent of your injuries. Keep detailed records of your medical visits and expenses, as these will serve as evidence for your claim.
Notify your insurance company: Report the accident to your insurance company as soon as possible. New York insurance policies often have strict deadlines for filing UM and SUM claims.
Gather evidence: Collect as much evidence as you can, including photos of the accident scene, witness statements, and documented communication with the other driver. This information can strengthen your claim and demonstrate that the other party is uninsured or underinsured.
Consult with an attorney: Dealing with insurance adjusters who may not have your best interests at heart can be challenging. An experienced personal injury attorney can help protect your rights and employ strategies to help you maximize your recovery.
Strategies to Maximize Your Recovery After an Accident
If you have been injured in an accident with an uninsured or underinsured driver, there are several strategies you and your attorney can use to maximize your recovery. The common strategies you may be able to employ include the following:
Review your policy: Understand the specific terms of your UM and SUM coverage, including your policy limits, exclusions, and any required documentation. Consider increasing your coverage limits after an accident to provide greater financial protection in the future.
Pursue all available avenues for compensation: Your UM or SUM claim may be just one source of recovery. Depending on the circumstances of the accident, you may also be able to pursue compensation through the at-fault driver’s assets, umbrella insurance policies, or other liable parties.
Document your records: Keep meticulous records of your medical treatments, lost wages, and any other expenses related to the accident. The more detailed and organized your documentation, the stronger your case will be when it comes time to negotiate a settlement.
Negotiate aggressively: Insurance companies may offer low initial settlement amounts in an attempt to minimize their payout. Typically, you should never accept an initial settlement offer. Work with a skilled attorney who can help you can negotiate with your insurance adjuster to advocate for fair compensation for your injuries and losses.
Prepare for arbitration: Under New York law, disputes involving UM and SUM claims are often resolved through arbitration rather than a traditional lawsuit. This process requires careful preparation and effective legal representation.
Contact Our Experienced Personal Injury Attorney in Garden City, New York, Today
If you have been injured in a serious motor vehicle accident, you have the right to pursue compensation for your injuries. However, if the at-fault driver is uninsured or underinsured, UM or SUM coverage can help you pursue and maximize the compensation you need.
At the Law Offices of Steven R. Smith, we are experienced in helping our clients advocate for fair compensation by filing a UM or SUM claim after a devastating accident. Our attorney is committed to providing personalized guidance and aggressive representation to make sure your claim is handled effectively.
Located in Garden City, New York, we serve clients throughout New York, including Long Island, Hempstead, Westbury, Queens, Hicksville, and Mineola. Contact us today to schedule a free consultation and learn more about your options for pursuing compensation through uninsured and underinsured motorist coverage.