Uninsured Motorist Claim Lawyer Queens County

Some of the most difficult motor vehicle claims involve a driver who caused a serious crash but carries no insurance at all, or a hit-and-run driver who cannot be identified after fleeing the scene. In these situations, the injured person cannot pursue the at-fault driver’s insurance company because no such coverage exists, and often no defendant can even be named. New York law allows an injured claimant to turn to the uninsured motorist coverage within their own automobile insurance policy in this circumstance. The claimant’s own insurer effectively stands in the place of the uninsured or unidentified driver, evaluating the claim as if it were defending that driver. Uninsured motorist claims raise distinct challenges, particularly in hit-and-run cases, where establishing that the collision actually occurred as described and that the fleeing driver was at fault becomes central to the claim. Prompt police reporting, witness statements, and physical evidence from the scene often matter more in an uninsured motorist claim than in a typical liability case, because there may be no other driver to interview. Law Offices Of SRIS, P.C. represents Queens County residents pursuing uninsured motorist claims after a crash involving an at-fault driver with no insurance coverage, including hit-and-run collisions where the responsible driver was never identified. The firm helps claimants document the accident and present a complete claim to their own insurer. To discuss an uninsured motorist situation, call (888) 437-7747.

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What Uninsured Motorist Claims Mean in Queens County

An uninsured motorist claim applies when the driver responsible for an accident carries no automobile liability insurance whatsoever, leaving the injured person with no insurance policy to pursue on the at-fault side. This category also generally includes hit-and-run accidents in which the driver who caused the crash cannot be located or identified, since there is effectively no insurer to hold responsible without knowing who the driver was. In Queens County, uninsured motorist situations arise in a range of settings, from a hit-and-run collision on a residential street to a crash involving a driver who let a required insurance policy lapse. Because there is no at-fault insurer involved, the claimant generally files a claim against the uninsured motorist coverage in their own automobile policy. That coverage is a matter of contract between the claimant and their own insurer, and the specific claims process, notice requirements, and any arbitration provisions are set out in the policy itself. When a hit-and-run driver cannot be identified, prompt police reporting is particularly important, since many policies require notice to the police and to the claimant’s own insurer within a limited time after the accident. If a related court proceeding becomes necessary, a Queens County matter may be heard at Queens County Supreme Court, located at 88-11 Sutphin Boulevard, Jamaica, NY 11435, within the 11th Judicial District. An uninsured motorist claim remains a personal injury claim subject to New York’s no-fault framework. Under N.Y. Ins. Law § 5104(a), recovery for pain and suffering arising from a motor vehicle accident generally requires a “serious injury” as defined by the eight categories in N.Y. Ins. Law § 5102(d), and this threshold applies to uninsured motorist claims because they remain personal injury actions subject to Insurance Law article 51. Comparative fault principles also apply. Under N.Y. C.P.L.R. § 1411(a), a claimant’s own conduct generally reduces damages proportionally, while C.P.L.R. § 1411(b) bars recovery entirely for a claimant whose fault exceeds that of the other driver in a personal injury action subject to the no-fault law, a rule relevant to establishing the uninsured driver’s fault even when that driver cannot be identified or located.

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

Mr. Sris and the firm’s Of Counsel attorneys approach an uninsured motorist claim by first confirming that the at-fault driver in fact carried no insurance, or, in a hit-and-run situation, working to gather the available evidence identifying the responsible vehicle and driver. This can include police accident reports, surveillance footage from nearby businesses or residences, witness statements, and physical evidence from the scene of the collision. Because an unidentified hit-and-run driver cannot be deposed or interviewed, the team relies heavily on contemporaneous evidence and prompt reporting to reconstruct how the accident occurred. Once the uninsured status of the at-fault driver is established, Mr. Sris and the firm’s Of Counsel attorneys review the claimant’s own automobile insurance policy to confirm the uninsured motorist coverage that applies and to identify the notice deadlines and any arbitration requirements set out in that policy. The team gathers medical records and documentation of lost income to support the value of the claim and communicates with the claimant’s insurer throughout the process. When a related legal proceeding is necessary, matters arising in Queens County may be filed with Queens County Supreme Court. The team also advises clients on the limitations period under N.Y. C.P.L.R. § 214(5), which generally requires a personal injury action to be commenced within three years of the date of injury, subject to tolling rules and exceptions that can affect that period. The firm does not guarantee a particular outcome in any uninsured motorist matter. Mr. Sris and the firm’s Of Counsel attorneys work to present a complete and well-supported claim so the claimant’s own insurer has the information needed to evaluate the loss.

About the Firm

The firm was founded in 1997 and has represented injured claimants in personal injury matters for more than two decades. Mr. Sris serves as Owner and Founder of the firm and worked as a prosecutor before entering private practice. He attended George Mason University, where he built a background in accounting and information systems. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and the firm’s Of Counsel attorneys represent claimants throughout the New York metropolitan area, including Queens County, in uninsured motorist matters and other personal injury claims. The firm does not maintain a physical location in Queens County. When litigation becomes necessary for a Queens County resident, the matter may proceed before Queens County Supreme Court. The firm’s intake line is staffed 24/7, allowing a prospective client to begin the process of requesting a consultation at any hour. Mr. Sris and the firm’s Of Counsel attorneys bring prosecutorial background and years of civil injury practice to each uninsured motorist claim. The firm does not offer free consultations. Prospective clients may call (888) 437-7747 to request or schedule a consultation regarding an uninsured motorist claim, including one involving a hit-and-run driver. Case results depend on a variety of factors unique to each case, and results may vary.

Frequently Asked Questions

What counts as an uninsured motorist claim?

An uninsured motorist claim applies when the driver who caused your accident had no automobile liability insurance at the time of the crash. It generally also covers hit-and-run accidents in which the driver who caused the collision cannot be identified or located, since there is no known insurer to pursue. In either situation, you typically file a claim against the uninsured motorist coverage within your own automobile insurance policy rather than against the at-fault driver directly. Your insurer then evaluates the claim, including whether the other driver was at fault and the extent of your damages, under the terms of your policy.

What should I do after a hit-and-run accident in Queens County?

Report the accident to the police as soon as possible and provide as much detail as you can about the vehicle, including its color, make, direction of travel, and any partial license plate information. Notify your own insurance company promptly, since uninsured motorist coverage often has its own notice deadlines that are separate from any court filing deadline. Photograph the scene, your vehicle, and your injuries if possible, and try to identify any witnesses or nearby businesses that may have surveillance footage. This evidence can become important in supporting an uninsured motorist claim when the driver who caused the crash is never located.

How is an uninsured motorist claim different from an underinsured motorist claim?

An uninsured motorist claim applies when the at-fault driver has no insurance at all, including some hit-and-run cases where the driver cannot be identified. An underinsured motorist claim, sometimes called a SUM claim, applies when the at-fault driver does have insurance, but the policy limits are too low to cover your full damages. Both types of claims are generally pursued against your own automobile insurance policy rather than against the at-fault driver, but they involve different coverage provisions within your policy and may involve different documentation to establish why the at-fault driver’s own insurance cannot fully compensate you.

Do I still need to prove the other driver was at fault?

Yes. Even though you are pursuing your own insurer for uninsured motorist benefits, you generally still need to show that the other driver was at fault for the accident and that your injuries resulted from that driver’s conduct. In a hit-and-run case, this often depends on police reports, witness accounts, and physical evidence from the scene rather than testimony from the other driver. New York’s comparative fault rules also apply, meaning your own conduct in the accident, if any, can affect the amount you are able to recover under N.Y. C.P.L.R. § 1411(a) and § 1411(b).

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

Your own insurance policy sets specific notice deadlines for reporting an uninsured motorist claim, and those deadlines are often shorter than court filing deadlines, so prompt reporting matters. Separately, a personal injury lawsuit in New York generally must be commenced within three years of the date of injury under N.Y. C.P.L.R. § 214(5), a period that can be affected by tolling rules and exceptions depending on the circumstances of the case. Because policy notice requirements and the general court deadline are not the same thing, you should not wait to report a potential uninsured motorist claim to your insurer.

Will my uninsured motorist claim be decided in court or through arbitration?

Many New York automobile insurance policies require disputes over uninsured motorist coverage to be resolved through arbitration under the terms of the policy, rather than through a courtroom lawsuit. An arbitrator considers the evidence of fault, including evidence gathered after a hit-and-run accident, and the extent of the claimant’s damages before deciding the amount owed under the policy. If a related court proceeding is necessary and the matter arises in Queens County, it may be handled through Queens County Supreme Court. The specific process depends on the language of your particular insurance policy.

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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