Uninsured Motorist Claim Lawyer New York
Discovering that the driver who caused your crash has no insurance at all changes the entire claim. There is no liability policy to pursue, no adjuster on the other side negotiating a settlement, and often little practical value in suing an individual driver who has no assets or coverage to satisfy a judgment. New York addresses this situation through uninsured motorist coverage, which is generally part of a driver’s own auto insurance policy and exists specifically for cases where the at-fault party carries no insurance. Law Offices Of SRIS, P.C. reviews uninsured motorist claims for New York residents left with no other driver’s coverage to turn to.
An uninsured motorist claim is fundamentally different from a typical car accident claim, because it is made against your own insurance company rather than against the at-fault driver. That shifts the process toward your policy’s specific terms, notice requirements, and, in many cases, an arbitration procedure rather than a courtroom lawsuit against the person who caused the crash.
If you were injured by a driver who had no insurance in New York, Mr. Sris and the firm’s Of Counsel attorneys can review your own policy and the circumstances of the crash. Call (888) 437-7747 to discuss your options.
What an Uninsured Motorist Claim Means in New York
An uninsured motorist claim arises when the driver responsible for an accident has no liability insurance at all, whether because they never obtained a policy, allowed it to lapse, or were driving a vehicle with no coverage. Because there is no insurer standing behind the at-fault driver, the injured person generally turns to their own uninsured motorist coverage, which is typically included as part of standard New York auto insurance, to seek compensation for the injury.
Because there is no at-fault driver’s insurer involved, the vicarious-liability rule for vehicle owners in N.Y. Veh. & Traf. Law § 388 has limited practical relevance to an uninsured motorist claim, since the point of the claim is precisely that no insurance-backed party exists on the other side to pursue; the claimant’s own insurer, not the at-fault driver or vehicle owner, is the party from whom recovery is sought. As with any motor-vehicle injury claim in New York, the injury still generally must meet the no-fault serious-injury threshold under N.Y. Ins. Law § 5102 before pain and suffering damages become available, since the uninsured motorist claim is measured against what the injured person could otherwise have recovered from the at-fault driver.
Because an uninsured motorist claim proceeds under the terms of your own policy, procedural requirements, including notice deadlines, can be set by the policy itself rather than by a single uniform statute, and those deadlines can be shorter than the general personal injury limitations period. Confirming what your policy requires, and by when, is an early and important step in these claims.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Uninsured Motorist Cases
Mr. Sris and the firm’s Of Counsel attorneys begin an uninsured motorist case by confirming that the at-fault driver in fact had no applicable insurance coverage, since this is a threshold fact that determines whether a claim proceeds as an uninsured motorist matter rather than a standard liability claim. The firm then reviews the client’s own auto policy to identify the uninsured motorist coverage available and the procedural steps the policy requires.
Because these claims are frequently resolved through arbitration with the client’s own insurer, the firm builds a clear record of the injury, including documentation tied to the no-fault serious-injury threshold, medical treatment, and the financial impact of the injury, with that process in mind. The firm also investigates whether any other potentially responsible party exists, since more than one factor can sometimes contribute to a crash beyond the uninsured driver alone.
Throughout the claim, the firm tracks all policy-specific and statutory deadlines, communicates directly with the client’s insurer, and keeps the client informed as the claim progresses. The intake line is staffed for 24/7 phone intake so a person who has learned the at-fault driver has no insurance can begin the review process as soon as possible.
About the Firm
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Since founding the firm in 1997, Mr. Sris and the firm’s Of Counsel attorneys have handled motor-vehicle injury claims, including uninsured motorist claims made against a client’s own insurer after a crash with an uninsured driver. Mr. Sris’s background in accounting and information systems from George Mason University has been applied to cases requiring careful review of insurance policy terms and claim documentation.
The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C. Mr. Sris and the firm’s Of Counsel attorneys evaluate each uninsured motorist matter individually, reviewing the client’s own policy, confirming the at-fault driver’s lack of coverage, and assembling the medical evidence needed to support the claim.
Frequently Asked Questions
What is the difference between an uninsured and an underinsured motorist claim?
An uninsured motorist claim applies when the at-fault driver has no insurance coverage at all. An underinsured motorist claim applies when the at-fault driver does have insurance, but the policy limits are not enough to cover the full extent of the injury. Both are typically pursued through coverage included on the injured person’s own auto policy, but they involve different facts and, often, different coverage limits.
How do I know if the other driver was uninsured?
The police report from the crash often indicates whether the other driver was able to provide valid insurance information, and your own insurer can typically verify coverage status. If the other driver fled the scene and cannot be identified, that situation is also generally treated as an uninsured motorist claim under most policies.
Can I sue the uninsured driver directly instead of using my own coverage?
You may have the legal right to sue an uninsured driver directly, but doing so is often of limited practical value if the driver has no insurance and few or no assets to satisfy a judgment. For that reason, most injured people pursue their own uninsured motorist coverage as the more practical path to recovery.
Does my injury still need to meet the no-fault threshold?
Generally, yes. Because an uninsured motorist claim is measured against what the injured person could have recovered from the at-fault driver if that driver had been insured, the injury still needs to meet New York’s serious-injury threshold under N.Y. Ins. Law § 5102 before pain and suffering damages become part of the claim.
What if the driver who hit me fled the scene?
A hit-and-run accident where the at-fault driver cannot be identified is typically treated similarly to an uninsured motorist claim, since there is no known insurer to pursue. Reporting the accident to police promptly and notifying your own insurer as soon as possible are important steps in these situations.
Is there a deadline to file an uninsured motorist claim?
Uninsured motorist claims are governed largely by the terms of your specific insurance policy, and notice or filing deadlines can be set by the policy rather than by a single uniform statute, sometimes on a shorter timeline than other personal injury deadlines. Reviewing your policy and the relevant timeline promptly after the accident helps avoid missing a requirement.
Related Pages
- Underinsured Motorist Claim Lawyer New York
- Car Accident Lawyer New York
- Uber Accident Lawyer New York
- Statute of Limitations for Personal Injury in New York
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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An uninsured motorist claim claim is one part of motor vehicle accidents work, and our page on car accident lawyer New York covers the wider process.