Uninsured Motorist Claim Lawyer Brooklyn | Law Offices Of SRIS, P.C.

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Uninsured Motorist Claim Lawyer Brooklyn

New York requires drivers to carry auto insurance, but not every driver on the road complies, and a hit-and-run driver who cannot be identified presents the same practical problem: there is no liability insurer to pursue for damages. When a Brooklyn resident is injured by a driver who has no insurance at all, or by a driver who cannot be identified, the injured person generally must turn to their own auto policy’s uninsured motorist coverage to recover compensation. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., reviews uninsured motorist claims for individuals throughout Kings County.

Because an uninsured motorist claim is pursued against the injured person’s own insurance company rather than against the at-fault driver directly, it follows its own process, and prompt reporting and documentation, particularly in a hit-and-run situation, matter to preserving the claim. Individuals hit by an uninsured or unidentified driver in Brooklyn can call (888) 437-7747 to schedule a consultation with the firm.

What an Uninsured Motorist Claim Means in Brooklyn

An uninsured motorist claim, or UM claim, applies when the driver responsible for an accident has no liability insurance at all, or, in some cases, when the responsible driver cannot be identified, such as in a hit-and-run. This differs from an underinsured motorist, or SUM, claim, which applies when the at-fault driver does have insurance, but the coverage limits are too low to fully compensate the injured person. In a true uninsured motorist scenario, there is simply no liability policy to pursue, which is why the injured person’s own auto policy’s uninsured motorist coverage becomes the primary avenue for recovery.

A UM claim proceeds under the terms of the injured person’s own insurance contract, and, as with other first-party coverage disputes, is often subject to an arbitration or other dispute-resolution process specified in the policy rather than an ordinary lawsuit against a third party. As with any motor-vehicle personal injury claim, the underlying injury generally must still meet New York’s no-fault “serious injury” threshold, defined by eight statutory categories under N.Y. Ins. Law § 5102(d), before non-economic damages can be pursued. In a hit-and-run situation specifically, insurance policies frequently require prompt reporting to police and to the insurer, since there is no identified driver to investigate.

Because the applicable notice and procedural requirements for a UM claim are set by the specific insurance policy rather than by a single uniform statewide statute, there is no single filing deadline that applies to every UM claim; the applicable timeline should be confirmed by reviewing the specific policy with counsel as soon as possible. Where litigation becomes necessary in connection with a UM dispute involving a Kings County claimant, the matter may be addressed in Kings County Supreme Court, located at 360 Adams Street, Brooklyn, New York 11201, in the Second Judicial District.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Uninsured Motorist Claims

Mr. Sris and the firm’s Of Counsel attorneys begin by confirming that the at-fault driver in fact has no applicable liability coverage, or, in a hit-and-run case, working to determine whether the driver can be identified before proceeding under the client’s own uninsured motorist coverage. The firm then reviews the client’s auto policy closely, since UM coverage terms, notice requirements, and any arbitration provisions are set by the specific policy language.

In hit-and-run cases, the firm works to gather police reports, any available witness accounts, and surveillance footage that might help identify the responsible vehicle or driver, while also ensuring the client’s insurer receives prompt notice of the claim as most policies require. Medical documentation is organized to address the no-fault serious injury threshold and to support the full extent of the client’s damages.

When an insurer disputes the value of a UM claim or the applicability of coverage, Mr. Sris and the firm’s Of Counsel attorneys pursue the dispute through the process specified in the policy, which may include arbitration, and prepare for court involvement in Kings County Supreme Court where appropriate for Brooklyn-connected claims. The firm does not guarantee a particular outcome; the specific policy terms and the extent of the documented injury shape how each UM claim proceeds.

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

Mr. Sris founded the firm in 1997 after serving as a former prosecutor, work that involved investigating incidents with limited initial information, a skill applied directly to hit-and-run and uninsured motorist claims where identifying what happened can itself be a challenge. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and the firm’s Of Counsel attorneys, who contract directly with the firm, bring further experience handling first-party insurance disputes.

Mr. Sris studied accounting and information systems at George Mason University, a background applied directly to reviewing insurance policy documentation and coverage calculations relevant to a UM claim. The firm does not offer free consultations. Mr. Sris and the firm’s Of Counsel attorneys evaluate each uninsured motorist matter individually, based on the specific policy terms and the circumstances of the accident.

The firm’s intake line is staffed 24/7 for individuals hit by an uninsured or unidentified driver in Brooklyn. The firm’s principal office is located in Fairfax, Virginia, and meetings on New York matters are arranged by appointment. Prospective clients can call (888) 437-7747 to discuss a potential UM claim as soon as possible after a crash.

Frequently Asked Questions

What is the difference between an uninsured motorist claim and an underinsured motorist claim?

An uninsured motorist claim applies when the at-fault driver has no liability insurance at all, or cannot be identified, as in many hit-and-run cases. An underinsured motorist claim applies when the at-fault driver does have insurance, but the available limits are too low to fully cover the damages. Both are generally pursued through the injured person’s own policy, but they address different situations.

What should I do right away after a hit-and-run accident in Brooklyn?

Reporting the incident to police and to your own insurer promptly is generally important, since most policies require timely notice, and identifying the responsible vehicle, if possible, can affect how the claim proceeds. Any available witness information or surveillance footage should be preserved as soon as possible.

Do I still need to prove a serious injury for an uninsured motorist claim?

Generally yes. Because a UM claim addresses the same type of underlying motor-vehicle personal injury, the injury generally must still meet the no-fault “serious injury” threshold under N.Y. Ins. Law § 5102(d) before non-economic damages can be recovered.

How is a dispute over an uninsured motorist claim resolved?

Many auto policies specify an arbitration process for resolving UM disputes, similar to the process often used for SUM claims, though the specific procedure depends on the policy. Reviewing the policy’s terms is an important step in understanding how a particular dispute will be handled.

Is there a set deadline for pursuing an uninsured motorist claim in New York?

Deadlines for UM claims are generally set by the specific insurance policy rather than a single uniform statewide statute, and they can vary from policy to policy. Because of this, the applicable timeline should be confirmed by reviewing the specific policy with counsel promptly after the accident.

Related Pages

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.

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Attorney advertising. This page is for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Statutes and their application change and vary by case. Prior results do not guarantee a similar outcome; results may vary. For advice about your specific situation, consult a licensed attorney. Attorney responsible for this advertising: Mr. Sris.