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When you are injured in a motor vehicle accident caused by a driver with little or no insurance, you may face significant financial hardship. Medical bills, lost income, and other damages can mount quickly, but the at‑fault driver’s insurance may be insufficient or nonexistent. Fortunately, New York law provides uninsured and underinsured motorist coverage to help protect you in these situations. If you suffered injuries in an accident involving an uninsured or underinsured driver in Port Washington, Parker Waichman LLP can help you understand your coverage options and pursue compensation. The firm has recovered more than $2 billion in verdicts and settlements for injured clients and handles personal injury cases on a contingency fee basis.
Parker Waichman LLP brings decades of experience handling personal injury matters, including claims involving uninsured and underinsured motorists. The firm’s Port Washington office at 6 Harbor Park Drive serves local residents, and attorneys understand the complexities of insurance coverage disputes and how to maximize recovery for injured clients.
The firm emphasizes its commitment to thorough case preparation and client communication. Parker Waichman LLP states that it works with medical and economic experts to assess damages, negotiates with insurance carriers, and prepares cases for trial when necessary. Attorneys focus on helping injured people recover compensation while they concentrate on healing and recovery. The firm’s contingency fee basis arrangement means you do not pay upfront attorney’s fees; fees are collected only if compensation is obtained.
Uninsured motorist (UM) coverage protects you when you are injured by a driver who carries no liability insurance. In New York, uninsured motorist coverage is required as part of standard auto insurance policies unless you specifically decline it in writing. UM coverage pays for your medical expenses, lost wages, pain and suffering, and other damages up to the policy limit, even if the at‑fault driver has no insurance.
Underinsured motorist (UIM) coverage applies when the at‑fault driver’s liability insurance is insufficient to cover your damages. For example, if the other driver carries only $25,000 in liability coverage but your damages total $100,000, your UIM coverage can help bridge the gap, up to your policy limit.
New York law requires all auto insurance policies to include uninsured and underinsured motorist coverage. The minimum coverage limits are typically $25,000 per person and $50,000 per accident, though many people carry higher limits. You can decline UM/UIM coverage only by signing a specific form acknowledging that you understand the risks of doing so.
You may be able to claim UM/UIM benefits in several situations:
In each case, your own insurance policy’s UM/UIM coverage can provide compensation for your injuries and losses.
After an accident, you should report the incident to your insurance company as soon as possible. Provide details about the accident, the other driver (if identified), and your injuries. Your insurer will investigate the claim and determine whether UM/UIM coverage applies.
If the at‑fault driver is uninsured or underinsured, your insurer will evaluate your damages and may make an offer to settle the claim. You have the right to accept or reject the offer. If you disagree with the insurer’s valuation, you can pursue the claim further, potentially through arbitration or litigation.
Even though you are claiming benefits under your own policy, you must still prove that the other driver was at fault for the accident. Evidence used to establish liability includes:
Your insurance company will review this evidence and determine whether the other driver’s negligence caused the accident.
Damages in uninsured and underinsured motorist claims include:
An attorney can help document these damages and present them to your insurer in a way that supports a fair settlement.
Insurance companies sometimes dispute UM/UIM claims by arguing that the accident did not occur, that the claimant was at fault, or that damages are overstated. Parker Waichman LLP helps clients respond to these disputes by gathering evidence, consulting with experts, and negotiating with insurers. If necessary, the firm can pursue arbitration or litigation to resolve coverage disagreements.
No. You have the right to reject an offer and pursue your claim further through negotiation, arbitration, or litigation. An attorney can help you evaluate whether an offer is fair and advise you about your options.
You can file a UM claim under your own policy. Your insurer will investigate and determine whether the other driver was at fault. If so, your UM coverage will pay for your damages up to your policy limit.
In some cases, yes. If the at‑fault driver is uninsured, you claim UM benefits. If the driver is underinsured, you claim UIM benefits. The specific application depends on your policy and the facts of your accident.
Under New York’s comparative negligence rules, you may still recover UM/UIM benefits even if you share some responsibility for the accident. Your recovery is typically reduced by your percentage of fault.
In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. However, your insurance policy may impose earlier deadlines for notice and claim filing, so prompt action is important.
If your damages exceed your UM/UIM coverage limit, you may be able to pursue additional recovery through other means, such as claims against other liable parties or through your own health insurance or workers’ compensation coverage. An attorney can help identify all available sources of recovery.
While you are not required to have an attorney, legal representation can help you navigate the claims process, respond to insurer disputes, and pursue appropriate compensation. Parker Waichman LLP handles cases on a contingency fee basis, so you do not pay upfront fees.
Parker Waichman LLP represents personal injury clients on a contingency fee basis, meaning attorney’s fees are collected only if the firm obtains compensation for you.
Seek medical attention for any injuries. Call law enforcement to report the accident. Document the scene with photographs and collect witness information. Report the accident to your insurance company promptly. Contact an attorney to discuss your UM/UIM coverage and potential claims.
If you were injured in an accident involving an uninsured or underinsured driver in Port Washington, contact Parker Waichman LLP to discuss your coverage options and potential claims. The firm’s Port Washington office is located at 6 Harbor Park Drive, and you can reach the office at (516) 466-6500. Parker Waichman LLP offers free consultations and handles cases on a contingency fee basis, so you do not pay attorney’s fees unless compensation is obtained. Contacting the firm promptly helps protect your rights and ensures that all available coverage is identified and pursued.
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If you or a loved one has been injured in an accident or have been injured by another party in some other way, we are here to stand up for your rights. Our personal injury attorneys have been representing injury victims and their families in Long Island and throughout the nation since the early 1980s.
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I’m a 9/11 first responder, and I can honestly say that Parker Waichman made me feel like they had my best interest in my VCF case. Ms Candalino & Ms Viti are top notch in my book. I was constantly informed on the status of my case. I would definitely recommend Parker Waichman LLP to family and friends.
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