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When an uninsured or underinsured driver causes an accident in Brooklyn, you should not have to shoulder the financial burden for someone else’s negligence. Uninsured motorist (UM) and underinsured motorist (UIM) coverage can provide an important source of compensation when the at-fault driver’s insurance is unavailable or insufficient. Parker Waichman LLP represents Brooklyn residents who need to pursue UM/UIM claims and works to seek compensation for injuries and related losses under their own policies.
Parker Waichman LLP brings decades of experience handling personal injury matters in Brooklyn and throughout New York. The firm reports recovering over $2 billion for clients across its practice areas, including significant results in motor vehicle accident cases. The team is familiar with how insurers evaluate UM/UIM claims and the strategies they may use to reduce or deny payments.
The firm works on a contingency fee basis, so clients do not pay upfront legal fees and owe attorney’s fees only if there is a recovery. With a Brooklyn office serving the local community and access to resources associated with a broader practice, Parker Waichman LLP handles a range of claims from relatively minor injuries to complex accident cases and applies the same level of attention to UM/UIM claims.
Uninsured motorist (UM) coverage applies when the at-fault driver has no liability insurance. Underinsured motorist (UIM) coverage applies when the at-fault driver’s liability limits are not enough to cover the full amount of your legally recoverable damages. In New York, state law requires at least minimum UM coverage limits, and many policies also offer UIM coverage; policyholders often have the option to select higher limits and may choose to match UM/UIM limits to their liability limits for greater protection.
In a typical UM/UIM scenario, if you are injured by an uninsured or underinsured driver, you present a claim to your own insurer under your UM or UIM coverage. Subject to policy terms and applicable law, this coverage may address medical expenses, a portion of lost wages, and other compensable losses up to the policy limits. UM coverage is also particularly important in qualifying hit-and-run situations where the responsible driver cannot be identified. Property damage to your vehicle is generally addressed under collision or other property coverages rather than standard UM/UIM bodily injury coverage.
Pursuing a UM/UIM claim usually begins with promptly notifying your insurer about the accident and potential UM/UIM involvement, as many policies require timely notice. Early documentation is important: it is helpful to gather photos of the scene and vehicle damage, contact information for witnesses, and the police report number, and to seek medical evaluation so that injuries are documented.
As the claim proceeds, you or your attorney typically provide medical records, billing statements, proof of lost income, and other evidence of damages. The insurer then investigates liability and damages and may make a settlement offer. If there is disagreement over fault or case value, some UM/UIM claims are resolved through negotiation, while others proceed to arbitration or, in some circumstances, litigation, depending on policy language and applicable procedures.
In New York, many UM/UIM disputes arise under the insurance contract, and general contract-based limitation periods can apply; however, policies often include shorter contractual time limits or conditions for notice and arbitration demands. Because deadlines and procedures can vary, it is important to review policy terms and act without delay.
A UM/UIM claim is designed to substitute for or supplement the at-fault driver’s liability coverage, so the categories of recoverable damages typically mirror those available in a bodily injury claim against a negligent driver, subject to New York’s no-fault and serious-injury rules and the limits of your policy.
Depending on the circumstances, recoverable damages may include:
UM/UIM claims can involve disputes about coverage, liability, and the extent of injuries. Insurers may question whether the policy applies, challenge whether the accident qualifies as a UM/UIM event, dispute whether the “serious injury” threshold has been met, or argue that claimed treatment is excessive or unrelated. There may also be disagreements over the value of non-economic damages.
Practical steps to strengthen a claim include keeping complete medical records and bills, documenting symptoms and limitations over time, preserving accident-scene evidence, and retaining documentation of wage loss. It is also helpful to avoid making detailed recorded statements about fault or injuries before understanding your rights and obligations under your policy.
Legal representation can help manage communications with the insurer, ensure that notice and arbitration requirements are satisfied, and present medical and financial evidence in a way that supports an appropriate valuation of the claim. If negotiations do not result in an acceptable settlement, counsel can evaluate options such as arbitration or litigation, depending on the policy.
New York law requires every auto policy to include at least a minimum level of uninsured motorist bodily injury coverage, expressed per person and per accident. Many policyholders choose to purchase higher UM/UIM limits for additional protection. Your declarations page lists the specific limits applicable to your policy.
Yes. A UM claim may be available if the identified at-fault driver lacks any insurance, and a UIM claim may be available if that driver’s liability limits are not sufficient to cover your proven damages and your own policy includes higher UM/UIM limits. Generally, the at-fault driver’s liability coverage is considered first, and UM/UIM coverage may apply to eligible damages above that amount, subject to policy terms.
Time limits can involve both legal statutes of limitation and contract-based deadlines in the policy. New York law imposes certain limitation periods for contract-based claims, and many policies require that insureds provide prompt notice of an accident and, when applicable, make any required arbitration or legal demands within specified timeframes. Because these deadlines can bar a claim if missed, it is advisable to report the accident to your insurer and consult an attorney as soon as possible.
If your proven damages exceed your UM/UIM limits, recoverable compensation under that coverage is typically capped at the policy limits. Depending on the circumstances, additional avenues—such as claims against other responsible parties or their insurers—may be explored, but collecting from an uninsured or underinsured individual personally can be difficult. An attorney can review potential sources of recovery in your specific situation.
You are not required to have a lawyer to submit a UM/UIM claim, but many people find that legal representation helps them navigate coverage issues, comply with policy procedures, and respond effectively to insurer arguments. An attorney can evaluate the value of the claim, negotiate on your behalf, and, when appropriate, pursue arbitration or litigation if a fair resolution cannot be reached.
After a suspected hit-and-run or collision with an uninsured driver, it is generally advisable to contact law enforcement, seek medical evaluation, document the scene and damage if you can do so safely, gather any witness information, and notify your insurer promptly. Because UM coverage often has specific requirements for hit-and-run claims, including timely reporting, it is important not to delay.
If you have been injured in Brooklyn by an uninsured or underinsured driver, Parker Waichman LLP offers free consultations to review your situation and policy and to explain your options. The firm’s attorneys handle UM/UIM matters on a contingency fee basis, so you do not pay attorney’s fees unless there is a financial recovery. Call 800-968-7529 today to schedule a consultation and learn more about how Parker Waichman LLP can assist with your UM/UIM claim.
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