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If you were hit by an uninsured or underinsured driver in Queens, you may feel overwhelmed by medical bills, vehicle damage, and uncertainty about recovery. When the at-fault driver lacks adequate insurance coverage, your own uninsured motorist (UM) or underinsured motorist (UIM) coverage can become an important source of compensation. Parker Waichman LLP helps Queens residents pursue these claims and seek compensation for their losses. Our team of Queens uninsured/underinsured motorist lawyer reports having recovered over $2 billion for clients in personal injury and related cases. Call today for a free consultation—we work on a contingency fee basis, so you pay nothing unless we recover compensation in your case.
When you file a UM or UIM claim, you’re often making a claim against your own insurance company to access the coverage you paid for. This process can require experience, persistence, and knowledge of New York insurance law. Parker Waichman LLP brings decades of personal injury litigation experience to these matters. Our founding partner, Jerrold S. Parker, has been recognized by Best Lawyers in America for many years and holds a Martindale-Hubbell AV Preeminent rating, reflecting high ratings for legal ability and ethical standards.
Our team includes more than 20 attorneys across several office locations, including our Queens office in Forest Hills. We’ve handled many uninsured and underinsured motorist claims and understand the tactics insurance companies may use to minimize payouts. We work to maximize your recovery with no upfront fees—we only get paid if you recover compensation. Our verdicts and settlements demonstrate our track record in securing substantial recoveries for injured clients.
Uninsured motorist (UM) coverage can protect you when the at-fault driver has no insurance or leaves the scene. In New York, UM coverage is required as part of your auto insurance policy. This coverage may pay for medical expenses, lost wages, and certain other damages up to your policy limits.
UM coverage applies in several situations. First, if another driver hits you and has no insurance, your UM coverage may step in. If a hit-and-run driver strikes your vehicle and flees, UM coverage can help address your losses. If you’re a pedestrian or cyclist hit by an uninsured driver, your UM coverage may apply if you have an auto policy. New York requires minimum UM coverage of $25,000 per person and $50,000 per accident, though many people choose higher limits.
UM coverage is meant to function as a safety net when the other driver cannot pay. You have already paid your insurance premiums for this protection, and you generally have the right to seek benefits when the coverage applies.
Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their coverage limits are too low to fully cover your damages. For example, if the other driver carries only $25,000 in liability coverage but your medical bills and other damages total $75,000, your UIM coverage may help bridge that gap, subject to your policy limits.
UIM coverage works differently from UM coverage. With UIM, you first present a claim against the at-fault driver’s liability policy. Once that coverage is exhausted, your UIM coverage may apply to remaining damages, up to your limits. This is why having adequate UIM coverage can matter—many drivers carry minimal liability limits, leaving injured people otherwise undercompensated.
Some policies also include Supplementary Uninsured/Underinsured Motorist (SUM) coverage, which can provide additional protection beyond basic UM/UIM limits, often up to the level of your own liability limits. Understanding your specific policy limits and coverage types is essential, and an attorney can review your policy to identify all available coverage.
Queens experiences heavy traffic across major corridors like the Long Island Expressway, Grand Central Parkway, and local streets in neighborhoods such as Forest Hills, Jamaica, and Astoria. This high-traffic environment increases opportunities for accidents—including those involving uninsured or underinsured drivers. Estimates indicate that a notable percentage of drivers in New York lack insurance.
Drivers may be uninsured because they cannot afford premiums, have suspended licenses, or choose not to comply with New York’s mandatory insurance requirements. When these drivers cause accidents, injured victims can face challenges recovering compensation directly from them. Hit-and-run accidents are also a concern in Queens, leaving victims with limited information about the at-fault driver and often requiring them to rely on their own UM coverage.
Your actions immediately after an accident can significantly impact your claim. Consider the following steps to help protect your rights:
When you hire Parker Waichman LLP, we take over the process of pursuing your uninsured or underinsured motorist claim. Our approach typically includes thorough investigation, strategic negotiation, and litigation or arbitration when necessary.
Our firm begins by reviewing your insurance policy to identify all available coverage and understand your limits, including any SUM provisions. We gather medical records, accident reports, witness statements, and expert opinions as needed to support your claim. We calculate your damages comprehensively, including current and future medical expenses, lost wages, diminished earning capacity, pain and suffering, and other losses.
Next, we negotiate with your insurance company. Many insurers undervalue claims or deny coverage based on policy language or other arguments. Our experience with UM/UIM matters helps us present evidence-based demands that clearly address liability and damages. If insurance companies do not offer a reasonable settlement, we can file suit or initiate arbitration and litigate the claim.
Throughout the process, we keep you informed. You will know what is happening with your claim, what steps we are taking, and what to expect next. We handle communication with the insurance company, allowing you to focus on your medical treatment and day-to-day life. We work on a contingency fee basis, so you pay no attorney’s fees unless we recover compensation for you.
Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance or is an unknown hit-and-run driver. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their coverage limits are not enough to fully cover your damages. Both types of coverage are designed to protect you when the other driver cannot fully compensate you for your losses.
Yes. If the other driver is uninsured, your UM coverage may apply. You file a claim with your own insurance company rather than the other driver’s insurer. Your insurance company will investigate the accident and evaluate fault and damages. If the other driver is found at fault, your UM coverage can pay covered losses up to your policy limits. Hit-and-run accidents are typically treated as UM claims when policy and legal requirements are satisfied.
Your recovery depends on your policy limits and the extent of your damages. You may be able to recover compensation for medical expenses, lost wages, pain and suffering, property damage, and other covered losses, but your recovery cannot exceed your UM/UIM limits. For example, if your policy provides $50,000 in UM coverage and your damages total $75,000, you can recover up to $50,000 under your UM coverage, with potential additional recovery if you also have applicable UIM or SUM coverage.
Hit-and-run accidents are generally treated as uninsured motorist claims because you cannot pursue the at-fault driver’s insurance. Your UM coverage may apply, subject to prompt reporting and other policy requirements. New York also has the Motor Vehicle Accident Indemnification Corporation (MVAIC), which may provide benefits in certain uninsured and hit-and-run situations when other coverage is unavailable. Parker Waichman LLP can help you evaluate MVAIC eligibility and pursue all available compensation sources.
New York law generally allows three years from the date of the accident to file a personal injury lawsuit. However, UM/UIM and SUM claims usually involve contractual deadlines, such as prompt notice and time limits for initiating arbitration or litigation, which can be much shorter (often around 30 days for initial notice). Delaying your claim can complicate the investigation and lead to disputes about coverage. Contact Parker Waichman LLP as soon as possible after your accident to help protect your rights.
Filing a UM claim for an accident you did not cause should not, by itself, justify a rate increase under New York’s regulatory framework. However, insurers consider multiple factors when setting premiums, and some may still attempt to adjust rates after claims. If you experience a significant premium increase that appears connected to a UM claim, an attorney can advise you on possible ways to challenge it.
You are not required to hire a lawyer, but having legal representation can improve your ability to secure a fair outcome. Insurance companies employ experienced adjusters and attorneys to limit payouts. They may rely on technical policy language, question liability, or undervalue your damages. An attorney can help you understand your coverage, collect supporting evidence, and negotiate on your behalf. Parker Waichman LLP has experience handling UM/UIM claims and works on a contingency fee basis, so you pay no attorney’s fees upfront.
If you were hit by an uninsured or underinsured driver in Queens, you do not have to handle the claims process alone. Parker Waichman LLP is ready to review your situation and help you pursue UM, UIM, and SUM benefits where available. We offer free consultations with no obligation, and we work on a contingency fee basis—you pay nothing in attorney’s fees unless we obtain compensation for you.
Call today to speak with a Queens uninsured/underinsured motorist lawyer. Our team is available to discuss your case and answer your questions about UM/UIM coverage and the claims process.
Parker Waichman LLP
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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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4 months ago
Zarahi was very professional and very Quick and very knowledgeable i realy appreciated her patience and perseverance she Deserves 100 stars 🌟 but since i can only send 5 i Guess i will just have to send that truly yours Rashine Downs
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5 years ago
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2 months ago
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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