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New York Personal Injury Lawyers

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Uninsured/Underinsured Motorists

By Dansker & Aspromonte

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July 20, 2024

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If you have been injured in a motor vehicle accident in New York City, the personal injury lawyers at Dansker & Aspromonte Associates LLP can help you pursue compensation for your medical bills, wage loss, pain and suffering, and other hardships.

Drivers who don’t properly insure their vehicles not only put themselves at risk, but others on the road as well. If an accident was to occur, the driver won’t have sufficient coverage to pay for the damages. The individuals who are injured may have insurance policies that will cover the damage and injuries anyway. This is known as uninsured and underinsured motorist coverage, which protects drivers in case of an accident under these circumstances. If you have been involved in an accident with a driver who is uninsured or underinsured, don’t hesitate to call Dansker & Aspromonte Associates LLP Associates in New York, NY to schedule an appointment for a consultation with a personal injury lawyer.

Motorists that Are Uninsured

Even though a state requires that auto insurance is carried by all drivers, not all may adhere to this law. If you get into an accident with a driver, he or she may not have car insurance at all. Or worse, you could end up injured in a hit-and-run accident where it’s impossible to identify who the driver was.

When you have uninsured motorist coverage, this can help you in both scenarios. In most states, auto insurance companies are required to offer drivers uninsured motorist coverage. If your insurer has this type of protection and you decide to purchase it with your policy, then in an accident with an uninsured or underinsured motorist, it will act as though it were the at-fault insurer and will compensate you.

Keep in mind that when you file an uninsured motorist claim that your insurer could have adverse interests that won’t benefit you. It’s wise to first speak with a lawyer before you file your claim.

  • Back to Main
  • Motor Vehicle Accidents – An Overview
  • Auto Accident Injuries and Compensation
  • Insurance Claim Do’s and Don’ts
  • Uninsured and Underinsured Motorists
  • No-Fault Insurance
  • What to Do If You Are in a Motor Vehicle Accident
  • Frequently Asked Questions About Motor Vehicle Accidents
  • Motor Vehicle Accidents Resource Links
  • Motor Vehicle Accidents Contact Form

If you are suffering due to a motor vehicle accident injury, it is important to consult with an experienced personal injury lawyer before making any statement to the insurance company.

For a free legal consultation, call (212) 540-2987

Motorists that Are Underinsured

When an at-fault driver is underinsured, it means that he or she has auto insurance, but it isn’t enough to cover the costs for damages. By having underinsured motorist protection within your auto insurance policy, you can still collect money from your own insurer. You will be paid the amount that exceeds whatever the underinsured driver’s policy will cover. Adding underinsured motorist coverage to your policy isn’t as expensive as the primary coverage. If you opt for this, make sure that the coverage is at minimum the same amount as your primary policy. For instance, if you have a policy that’s worth $50,000 for protecting others from your negligence, then you should also get at least $50,000 in underinsured motorist coverage.

Getting Compensated with a Policy with Uninsured and Underinsured Motorist Coverage

When you’re trying to get compensated after getting into an accident with a driver that is uninsured or underinsured and you have sufficient coverage, you will have to show that the other driver was at fault. You will also have to prove that the injuries you sustained are significant. Before you can receive compensation from your policy for an accident with an underinsured motorist, you first have to collect the full benefits available from the at-fault driver’s insurer. Then you can make a claim under the underinsured coverage provision to collect the rest of the money you need to cover the damages and injuries.

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Stacking Insurance Coverage

It is possible in some states and under certain insurance policies that allow injured parties to stack various policies in order to get sufficient compensation. This is done by stacking coverage from multiple auto insurance policies or purchasing a single policy that has coverage for more than one vehicle. This would help to increase how much the injured party can receive in compensation. Not all states allow coverage to be stacked. It’s required that you opt to have stackable coverage at the time you purchase your policy.

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Get in Touch with a Personal Injury Lawyer

With an auto insurance policy that has uninsured and underinsured motorist coverage, you can protect yourself when you’re most vulnerable. Not all policies offer this type of coverage. The way the victim approaches the case can change how much compensation he or she will be able to receive as well. Some rules indicate that it’s not required that the victim’s insurer pay the victim if he or she settles prematurely, with the insurer of the at-fault driver. This is why it’s recommended that you work with a personal injury attorney at Dansker & Aspromonte Associates LLP Associates in New York, NY.

Call or text (212) 540-2987 or complete a Free Case Evaluation form

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Dansker & Aspromonte Associates LLP has been advocating for the rights of the injured since 1986. We have the tools, resources, knowledge, and commitment to get you the best possible outcome.

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Each client that comes to our team gets a managing partner and trial partner dedicated to their case. We put our collective 100 years of experience behind your case to obtain the best possible outcome on your behalf.