New York City Uninsured & Underinsured Motorist Lawyer

A car accident in New York City can change your life suddenly. When the at-fault driver has no insurance or too little coverage, the situation can become far more difficult. That’s where a New York City uninsured and underinsured motorist lawyer can help. Parker Waichman LLP handles UM/UIM claims throughout NYC, working to recover the compensation you may be entitled to.

New York’s no-fault insurance system offers some protection. Uninsured and underinsured motorist coverage addresses important gaps when the other driver cannot pay. Our team has helped clients recover over $2 billion in settlements and verdicts. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

Why Choose Parker Waichman LLP for Your UM/UIM Claim

When you’re injured by an uninsured or underinsured driver, you need an attorney familiar with this area of law and insurance company practices. Parker Waichman LLP brings over four decades of personal injury litigation experience to every case.

Founding Partner Jerrold S. Parker has managed thousands of accident cases and has been recognized in Best Lawyers for personal injury litigation since 2010. Our attorneys maintain AV Preeminent ratings from Martindale-Hubbell, reflecting the highest possible rating for professional ability and ethical standards. Several of our attorneys are listed in Super Lawyers.

We have four office locations throughout the NYC area, including Manhattan, Brooklyn, Forest Hills, and our headquarters in Port Washington. This local presence, combined with our broader reach, means we understand how New York’s insurance laws affect injured drivers. We have the resources to take on insurance carriers of any size.

Representative results include a $10 million recovery for a family injured in a car accident, $6.2 million for a construction worker with severe injuries, and $4.5 million for a pedestrian accident victim. Each case receives the same dedicated representation and individualized attention.

Importantly, we work on a contingency fee basis. You don’t pay us anything unless we recover compensation on your behalf. This means we are committed to achieving results aligned with your recovery goals.

What Is Uninsured & Underinsured Motorist Coverage in New York

Understanding UM/UIM Coverage

Uninsured motorist (UM) coverage protects you when the at-fault driver has no liability insurance. Underinsured motorist (UIM) coverage applies when the at-fault driver’s insurance limits are too low to cover the full extent of your losses. These coverages are separate from your own liability insurance and exist to protect you when another driver cannot.

New York requires all drivers to carry minimum liability insurance of $25,000 per person and $50,000 per accident. Roughly 10.8% of New York drivers operate vehicles without any insurance. Even insured drivers often have only minimum coverage, which may not cover serious injuries. UM/UIM coverage helps fill this shortfall.

When you file a UM/UIM claim, you file against your own insurance policy, not the other driver’s. Your insurer reviews the claim and decides whether to pay or deny it. If they deny or undervalue your claim, you may pursue arbitration or litigation. Having an attorney with experience in UM/UIM disputes can be beneficial because insurers often challenge these claims to reduce payouts.

When UM/UIM Coverage Applies

UM/UIM coverage applies in several common situations: hit-and-run accidents, crashes involving unregistered or stolen vehicles, or any instance where the at-fault driver has no insurance or insufficient coverage.

Even if you share some fault for the accident, you may still recover damages under UM/UIM coverage in New York. Your recovery is adjusted based on your percentage of fault under New York’s comparative negligence rules.

You generally have six years from the date your UM/UIM claim accrues to file in New York. The accrual date occurs when available coverage under the at-fault party’s policy is exhausted. Missing this deadline can bar recovery.

The UM/UIM Claims Process in New York

The UM/UIM claims process involves several key steps. Parker Waichman LLP assists with each one.

1. Report the accident to police and your insurance company. Call 911 if anyone is injured. File a police report and obtain its report number. Contact your insurer promptly and describe what happened. Proper accident reporting procedures are essential to your claim.
2. Document everything. Take photos of damage, traffic conditions, and any identifying markers. Obtain witness contact information. Seek medical attention right away, even if injuries seem minor. Keep all medical records and bills. Medical documentation is crucial for establishing injury severity.
3. Notify your insurer in writing that you intend to file a UM/UIM claim. New York requires this notice within a reasonable time. Parker Waichman LLP prepares and submits this documentation in compliance with all required procedures.
4. Obtain proof of the other driver’s insurance status or lack thereof, including police reports and documentation confirming coverage limits. In hit-and-run cases, we work with law enforcement to establish that the other driver was not identified. Hit-and-run accidents present unique challenges that require specialized handling.
5. Negotiate with your insurance company. Your insurer will assess the claim. We assemble the supporting evidence and advocate for fair compensation. Insurers may offer settlements below your claim’s value, and we work to secure a fair outcome. Understanding car accident settlement negotiations is key to maximizing your recovery.
6. Pursue litigation if necessary. If your insurer denies the claim or makes an inadequate offer, we file a lawsuit when appropriate. To recover non-economic damages, such as pain and suffering, New York law requires meeting the “serious injury threshold,” meaning a significant or permanent injury. Parker Waichman LLP has trial experience in these cases and will represent you through the litigation process if required.

Common Challenges in UM/UIM Claims

Insurance companies may dispute or delay UM/UIM claims by questioning how the accident occurred or minimizing injury severity. They might offer low settlements, challenge liability, or raise comparative negligence arguments. In hit-and-run situations, insurers sometimes argue insufficient proof that the other driver was uninsured.

Parker Waichman LLP addresses these challenges by collecting evidence, consulting medical professionals, and presenting a detailed case. If insurers fail to negotiate fairly, we are prepared to pursue the matter in court. Our history of settlements and verdicts demonstrates our commitment to injured clients. We understand insurance company tactics and know how to counter them effectively.

Damages You May Recover in a UM/UIM Claim

UM/UIM claims may include compensation for:

• Medical expenses – hospital stays, surgeries, physical therapy, medications, and future care needs.
• Lost wages and future earning capacity – income lost during recovery or due to lasting disabilities.
• Pain and suffering – physical discomfort and emotional distress, subject to applicable New York requirements.
• Permanent disability or disfigurement – compensation for lasting physical effects.
• Emotional distress – anxiety, depression, or trauma related to the accident.
• Property damage – repair or replacement costs for the vehicle.

Past results include recoveries of $10 million for a family injured in a car crash, $6.2 million for a construction accident victim, and $4.5 million for a pedestrian accident case. These examples show the firm’s ability to handle serious personal injury claims.

How Parker Waichman LLP Handles Your UM/UIM Case

Your case begins with a free consultation. We listen, review your situation, and outline available legal options. There’s no obligation, and your information remains confidential.

If you proceed with representation, we conduct a detailed investigation by obtaining police reports, medical records, and insurance documents, interviewing witnesses, and consulting professionals as needed. Our investigation process is thorough and comprehensive.

We negotiate directly with the insurance company, providing evidence of damages and the claimed value. Many cases resolve in settlement once insurers recognize the case’s strength. Understanding when to hire a car accident lawyer can significantly impact your outcome.

If litigation becomes necessary, we prepare your case thoroughly for court presentation. Our attorneys have extensive trial experience and are prepared to advocate before judges and juries. Parker Waichman LLP has successfully handled catastrophic injury cases and complex litigation.

Throughout the process, you have a dedicated legal team keeping you informed and handling communication. We work on a contingency fee basis, meaning you pay no attorney’s fees unless compensation is recovered.

Frequently Asked Questions About UM/UIM Claims

What is the difference between UM and UIM coverage?

UM coverage applies when the responsible driver has no insurance. UIM coverage applies when the driver’s insurance limits are too low to cover your losses. Both types of coverage involve filing against your own insurer. Understanding these distinctions is essential for car accident victims.

Do I have to file a UM/UIM claim with my own insurance company?

Yes. In New York, UM/UIM claims are made through your own policy. Your insurer reviews and evaluates the claim. This is different from liability claims against the at-fault driver’s insurance.

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

You have six years from the accrual of the claim, which occurs once available policies are exhausted. This is a strict deadline, as missing it could prevent recovery. Contact Parker Waichman LLP promptly if you’ve been injured by an uninsured or underinsured driver to protect your rights.

Can I recover damages if I was partially at fault?

Yes. New York applies comparative negligence rules. You may still recover damages reduced by your percentage of fault. For example, if you are 20% at fault for $100,000 in damages, you could recover $80,000.

What if the hit-and-run driver is never found?

You can still pursue a UM claim if certain conditions are met, such as timely reporting and cooperation with police. Parker Waichman LLP helps collect evidence, including witness statements and camera footage, to support your claim. Hit-and-run accidents require immediate action and expert handling.

How much is my UM/UIM claim worth?

Claim value depends on injury severity, medical expenses, lost income, and other factors unique to your case. Parker Waichman LLP reviews all documentation and works to determine the appropriate compensation range before negotiations..

Will my insurance rates increase if I file a UM/UIM claim?

New York law generally prohibits rate increases solely due to filing a UM/UIM claim. This policy is designed to protect insureds who bring legitimate claims.

Call Parker Waichman LLP for Your Free UM/UIM Consultation

If you’ve been injured by an uninsured or underinsured driver in New York City, contact Parker Waichman LLP today for a free consultation. We serve all five boroughs and surrounding areas with offices in Manhattan, Brooklyn, Forest Hills, and Port Washington.

Call (212) 267-6700 or fill out our online contact form. We’re available to review your case promptly. You have six years to file a UM/UIM claim in New York. The sooner you reach out, the sooner we can begin pursuing the compensation you may be entitled to. You pay nothing unless we recover compensation for you.