Melville Uninsured and Underinsured Motorist Claims Lawyer

When an uninsured or underinsured driver causes an accident in Melville, your own insurance may provide coverage through uninsured motorist (UM) or underinsured motorist (UIM) benefits. These protections exist because not all drivers carry adequate insurance. Parker Waichman LLP helps injured clients in Melville and throughout Long Island navigate UM/UIM claims and pursue the compensation they deserve. The firm reports having recovered over $2 billion for injured clients and works on a contingency fee basis, meaning you pay nothing up front.

Why Choose Parker Waichman LLP for Your Uninsured Motorist Claim

Uninsured and underinsured motorist claims can be complex. Insurance companies may dispute coverage, undervalue injuries, or delay payment. Having experienced legal representation can help protect your rights and maximize your recovery.

Founding partner Jerrold S. Parker has more than 40 years of experience representing injured clients in insurance disputes and personal injury matters. He has been recognized by Best Lawyers in America since 2010 and holds an AV Preeminent 5.0 rating from Martindale-Hubbell. The firm includes attorneys recognized by Super Lawyers and the National Trial Lawyers Top 100.

Parker Waichman LLP has handled motor vehicle accident cases involving uninsured and underinsured motorists, with settlements and verdicts reflecting the full scope of client injuries and damages. The firm’s experience includes cases involving serious injuries, catastrophic injuries, and complex insurance coverage disputes.

The Melville office at 201 Old Country Road, Suite 145, serves accident victims throughout Long Island. The firm is available for urgent matters and provides personal attention to each case.

Understanding Uninsured Motorist (UM) Coverage

Uninsured motorist coverage protects you when a driver who caused an accident has no insurance. This coverage applies to your own insurance policy and covers medical expenses, lost wages, pain and suffering, and other damages up to your policy limits.

UM coverage is required in New York for all auto insurance policies unless you specifically decline it in writing. The minimum UM limit in New York is typically $25,000 per person and $50,000 per accident, though many policies carry higher limits. If you have higher limits, your UM coverage may provide greater protection.

When a hit-and-run accident occurs, and the other vehicle cannot be identified, UM coverage may also apply. This provides important protection when the at-fault driver cannot be located or identified.

Understanding Underinsured Motorist (UIM) Coverage

Underinsured motorist coverage applies when the at-fault driver has insurance, but their policy limits are insufficient to cover your damages. UIM coverage bridges the gap between the at-fault driver’s policy limits and your own policy limits.

For example, if the at-fault driver has $25,000 in liability coverage and your damages total $100,000, your UIM coverage may cover the additional $75,000 (up to your UIM policy limits). This protection is particularly important in cases involving serious injuries where damages exceed the at-fault driver’s insurance limits.

Like UM coverage, UIM coverage is required in New York unless you specifically decline it in writing.

New York’s No-Fault Insurance System and UM/UIM Claims

New York operates under a no-fault insurance system for motor vehicle accidents. Your own insurance company pays your medical bills and a portion of lost wages through Personal Injury Protection (PIP) benefits, regardless of who caused the accident.

However, if your injuries meet the “serious injury threshold,” you can pursue a claim against the at-fault driver. New York law defines a serious injury as including significant disfigurement, bone fractures, permanent limitation of body function, or medically determined injury lasting 90 days or more during the 180 days following the accident.

When the at-fault driver is uninsured or underinsured, your UM/UIM coverage provides an alternative source of recovery. The insurance company handling your UM/UIM claim must act in good faith and cannot unreasonably deny or delay payment.

Common Causes of Uninsured Motorist Accidents in Melville

Uninsured motorist accidents happen in various circumstances. Parker Waichman LLP handles cases involving:

• Distracted driving accidents occur when drivers focus on phones or other tasks instead of the road.
• Hit-and-run accidents, where the at-fault driver leaves the scene.
• Speeding and reckless driving by uninsured drivers.
• Accidents on major roadways, including Route 110 and the Long Island Expressway.
• Intersection collisions caused by traffic signal violations.
• Rear-end collisions and other common accident scenarios.

Regardless of how your accident occurred, UM/UIM coverage may provide important protection.

The Claims Process for Uninsured Motorist Coverage

Understanding the UM/UIM claims process helps set expectations as your case progresses.

• Report the accident to your insurance company promptly. Provide factual information about what happened, but avoid speculation or admitting fault. Your insurer will assign a claims adjuster to investigate.
• Gather evidence, including police reports, medical records, photographs of vehicle damage, and witness statements. This documentation supports your claim and helps establish the extent of your injuries and damages.
• Your insurance company will evaluate your claim based on the evidence. They may request additional medical records, wage statements, or other documentation. An attorney can help ensure that your insurer has complete information and is evaluating your claim fairly.
• If your insurer offers a settlement, review it carefully before accepting. Insurance companies may make initial offers that do not reflect the full value of your claim. An attorney can help you evaluate settlement offers and negotiate for fair compensation.

If you and your insurer cannot agree on the value of your claim, you may pursue arbitration or litigation. Many UM/UIM disputes are resolved through arbitration, which is typically faster and less formal than a trial.

Damages in Uninsured Motorist Claims

Compensation in UM/UIM claims may include:

• Medical expenses, including emergency care, treatment, rehabilitation, and future medical care.
• Lost wages and reduced earning capacity.
• Pain and suffering for physical pain, emotional distress, and trauma.
• Loss of enjoyment of life.
• Property damage to your vehicle.
• Other economic losses resulting from the accident.

The total value of your claim depends on the severity of your injuries, the extent of medical needs, your lost income, and the impact on your quality of life.

Frequently Asked Questions About Uninsured Motorist Claims

What if I don’t have UM/UIM coverage?

If you declined UM/UIM coverage or your policy does not include it, your options may be limited. You may still pursue a claim against the at-fault driver directly, but if they are uninsured, collecting a judgment may be difficult. It is advisable to review your insurance policy and consider adding UM/UIM coverage if you do not currently have it.

Can I sue the uninsured driver directly?

Yes, you can sue an uninsured driver for damages. However, if the driver has no assets or income, collecting a judgment may be challenging. UM coverage provides a more reliable source of recovery in these situations.

What is the difference between UM and UIM coverage?

UM coverage applies when the at-fault driver has no insurance. UIM coverage applies when the at-fault driver has insurance but insufficient limits. Both provide important protection under New York law.

How long do I have to file a UM/UIM claim?

New York’s statute of limitations for UM/UIM claims is generally three years from the date of the accident. However, your insurance policy may have earlier notice requirements, so it is important to report the accident promptly.

What if my insurance company denies my UM/UIM claim?

If your insurer denies your claim, you may have the right to pursue arbitration or litigation. An attorney can help you challenge an unfair denial and pursue the compensation you deserve.

Can I recover pain and suffering in a UM/UIM claim?

Yes, if your injuries meet New York’s serious injury threshold, you can recover pain and suffering and other non-economic damages through your UM/UIM coverage.

How much does it cost to hire Parker Waichman LLP?

Parker Waichman LLP represents UM/UIM claimants on a contingency fee basis. This means you pay no upfront costs and no attorney fees unless the firm recovers compensation for you. If there is a recovery, the fee is taken from that amount in accordance with the retainer agreement and applicable law.

Contact Parker Waichman LLP for Your Free Consultation

If you were injured by an uninsured or underinsured driver in Melville, contact Parker Waichman LLP today. Call 800-968-7529 for a free consultation. The firm offers free, confidential consultations and is available for urgent matters.

Parker Waichman LLP serves clients throughout Melville, Long Island, and New York. There is no obligation to hire the firm after your consultation. The legal team can review your situation and discuss your legal options, including potential paths to pursue compensation through UM/UIM coverage.

Related Posts

• What to Do After a Car Accident in New York
• Hit and Run Accidents on Long Island
• Understanding New York’s No-Fault Insurance System