Key Takeaways
- New York requires uninsured motorist (UM) coverage on every auto policy, which pays for injuries when an at-fault driver has no insurance.
- No-fault benefits pay first, while a UM claim can add compensation for pain and suffering after a serious injury.
- Hit-and-run crashes come with strict notice deadlines that start running right away.
Brooklyn car accident lawyers help injured drivers, passengers, and pedestrians recover compensation when the at-fault driver has no insurance or flees the scene. Because these claims are covered under the injured person’s own auto policy, the pushback often comes from their own insurer. Notice rules, no-fault requirements, and arbitration procedures all play a part in how much the claim is ultimately worth.
What Happens if You Are Hit by an Uninsured Driver in Brooklyn?
After a car accident on a busy road such as Atlantic Avenue or the BQE, the injured person’s own auto insurance steps in. No-fault benefits pay first, covering up to $50,000 in medical bills and lost wages, regardless of who was at fault. When injuries are serious, a UM claim under the same policy can cover pain and suffering. Drivers must also file an MV-104 report with the DMV within 10 days.
How New York’s Uninsured Motorist (UM) Coverage Works
Every New York auto policy includes at least $25,000 per person and $50,000 per crash in UM coverage. Many drivers add SUM (supplementary uninsured/underinsured motorist) protection, which raises those limits and also kicks in when the at-fault driver carries too little insurance. However, these benefits only pay for bodily injuries. A driver with a broken arm can claim them, for instance, whereas damage to the car falls under collision coverage.
How to File an Uninsured Motorist Claim in New York
An uninsured motorist claim that New York drivers file usually follows a few key steps:
- Written notice to the insurer as soon as possible
- A no-fault application within 30 days
- A copy of the police report and medical records
- Arbitration if the insurer disputes the claim
Arbitration is usually faster and less formal than a trial, although many disputes still end up in Kings County Supreme Court on Adams Street in Downtown Brooklyn.
Is a Brooklyn Car Accident Lawyer Necessary for a UM Claim?
Legal help often makes a real difference here, even though the insurer on the other side is the injured claimant’s own company. That insurer may argue the injuries fall short of New York’s serious injury threshold, or it may claim the other driver had coverage after all. An attorney can gather medical evidence, identify any other available insurance, and present the strongest case possible at arbitration.
Frequently Asked Questions
How long does someone have to file a UM claim in New York?
Most UM claims must be brought within six years of the crash, although the policy’s notice deadlines arrive much sooner.
Can a pedestrian file an uninsured motorist claim?
Yes. A pedestrian can often claim benefits through their own policy or a relative’s policy in the same household, or through MVAIC (Motor Vehicle Accident Indemnification Corporation) if no policy applies.
Will a UM claim raise insurance rates?
New York law generally prohibits insurers from raising rates following a crash in which the policyholder was not at fault.
Brooklyn Car Accident Lawyers at Rubenstein & Rynecki Fight for Full Compensation When the Other Driver Has No Insurance
If you need legal help with an uninsured motorist claim, contact the Brooklyn car accident lawyers at Rubenstein & Rynecki. Our trusted legal team will review the circumstances of your accident and fight for full compensation. Call 718-522-1020 or complete the online contact form for a free consultation. With offices located in Brooklyn, we proudly serve all clients throughout New York City.
