Underinsured Motorist Claim Lawyer Staten Island

When the driver who caused a Staten Island accident carries liability insurance that is too low to cover the full extent of the resulting injuries, the injured person may need to pursue an underinsured motorist claim against their own auto insurance policy. Law Offices Of SRIS, P.C. reviews underinsured motorist matters for Staten Island residents whose damages exceed what the at-fault driver’s insurance can pay. These claims are handled differently from a typical liability claim because they are generally pursued against the injured person’s own insurer under the underinsured motorist coverage included in most New York auto policies, and they often proceed through a claims or arbitration process set out in the policy itself. Call (888) 437-7747 to discuss an underinsured motorist situation in Staten Island.

On this page

How Underinsured Motorist Claims Work in New York

New York generally requires auto insurance policies to include supplementary uninsured/underinsured motorist coverage, which allows a policyholder to seek additional compensation from their own insurer when the at-fault driver’s liability coverage is insufficient to fully compensate the injury. Because this type of claim is rooted in the policyholder’s own insurance contract, it often carries distinct notice requirements, and in many cases an arbitration process, that can differ from the procedures and deadlines that apply to an ordinary tort claim against the at-fault driver. As with other motor vehicle injury claims, New York’s no-fault threshold under N.Y. Ins. Law §§ 5102 and 5104 and the “serious injury” requirement generally remain relevant to whether non-economic damages can be pursued. New York’s comparative fault statute, N.Y. C.P.L.R. § 1411, can also affect the ultimate value of an underinsured motorist claim if the policyholder’s own conduct contributed to the accident. Because underinsured motorist claims can involve shorter or different deadlines than the standard three-year personal injury period under N.Y. C.P.L.R. § 214(5), reviewing the specific policy language and any notice requirements as early as possible is important.

How Mr. Sris and the Firm’s Of Counsel Attorneys Approach These Cases

Mr. Sris and the firm’s Of Counsel attorneys review the injured person’s own auto insurance policy to identify the underinsured motorist coverage limits and any applicable notice or arbitration requirements, while also documenting the full extent of the injury to support a claim beyond the at-fault driver’s available coverage. The firm does not guarantee any particular outcome, and results depend on the specific facts of each case and the terms of the applicable insurance policy.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris attended George Mason University, where he developed a background in accounting and information systems that he applies to cases involving detailed insurance policy and claims documentation.

Mr. Sris and the firm’s Of Counsel attorneys handle underinsured motorist matters for clients throughout Staten Island and Richmond County. The firm does not offer free consultations; a prospective client may request a scheduled consultation by calling (888) 437-7747, and the firm’s intake line is staffed 24/7. The firm’s principal office is located at 4008 Williamsburg Court, Fairfax, VA 22032, by appointment. The firm does not maintain a physical location in Staten Island.

Frequently Asked Questions

What is an underinsured motorist claim?

It is a claim filed against a policyholder’s own auto insurer when the at-fault driver’s liability coverage is not enough to fully compensate the injury, using the underinsured motorist coverage included in the policyholder’s own policy.

How is this different from a regular car accident claim?

An underinsured motorist claim is pursued against the injured person’s own insurer under their insurance contract, rather than solely against the at-fault driver, and often involves different notice requirements and an arbitration process.

Do I still need to prove a “serious injury”?

Generally, yes. New York’s no-fault threshold under N.Y. Ins. Law § 5102(d) typically remains relevant to whether non-economic damages can be pursued in a motor vehicle-related claim.

How long do I have to file an underinsured motorist claim?

Deadlines for underinsured motorist claims can differ from the standard three-year personal injury period under N.Y. C.P.L.R. § 214(5) because they are governed by the specific insurance policy, so reviewing the policy promptly is important.

Can my own fault affect an underinsured motorist claim?

Yes. New York’s comparative fault statute, N.Y. C.P.L.R. § 1411, can affect the value of the claim if the policyholder’s own conduct contributed to the accident.

Does the firm offer a free consultation for underinsured motorist cases?

No. Law Offices Of SRIS, P.C. does not offer free consultations. A prospective client may request a scheduled consultation by calling (888) 437-7747.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

Attorney advertising. Prior results do not guarantee a similar outcome.

If your claim reaches beyond Staten Island, our page on underinsured motorist claim claims across New York sets out what to look for at each stage.