Even though laws requiring auto insurance can be strict, not every driver follows them. If you have been in a motor vehicle accident with an uninsured or underinsured motorist, you may have more options than you realize. Before you settle with any insurance company, contact our firm to learn about your legal rights and options.
Learn More About Motor Vehicle Accidents in New York
After suffering an injury in a car or motor vehicle accident, you are likely to have many questions about your insurance coverage and your legal options. At the law firm of Friedman, Hirschen & Miller, L.L.P., we can answer those questions for you and help you through the recovery process. Our personal injury attorneys have the experience and legal knowledge to protect your rights. Contact one of our lawyers by e-mail or by calling us in Albany at 518-631-4136 or toll free at 888-432-8814.
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Friedman, Hirschen & Miller, L.L.P. is a personal injury law firm located in Albany, New York. Our firm serves the surrounding communities of New York state, including Albany, Schenectady, Troy, Saratoga Springs, Rochester, Syracuse, Utica, Warren County, Fulton County, Greene County, Rensselaer County, Essex County, Clinton County, Ulster County and Orange County.
At the law firm of Friedman, Hirschen & Miller, L.L.P., our experienced attorneys provide injured victims and their families with personal injury representation. We help our clients find the recovery that they need to get their lives back on track.
Uninsured and Underinsured Motorists
When a driver refuses or is unable to carry proper motor vehicle insurance, that driver puts more than just him- or herself at risk. If the driver injures another person, the insurance will be inadequate to cover the damages. Injured parties, however, may be covered by their own insurance policies; uninsured and underinsured motorist coverage protects accident victims in these cases. If you have been involved in an accident with an uninsured or underinsured driver, it is important to contact an attorney at Friedman Hirschen and Miller, L.L.P. in Albany, New York, to create a plan of action.
Uninsured Motorists
Even if your state requires all drivers to carry auto insurance, the driver who injured you or your passenger may not have had insurance. Or you may have been hurt in a hit-and-run accident, making it impossible to identify the driver at all.
This is when uninsured motorist coverage will step in to protect your interests. Many states require auto insurance companies to offer uninsured motorist coverage. If your insurance company offers uninsured motorist coverage, and you chose to include it in your policy, then your insurance company will act as if it were the at-fault driver’s insurance company in compensating you.
When you file an uninsured motorist claim, your insurance company’s interests can be adverse to your interests. Consulting with an attorney before filing a claim is wise.
Underinsured Motorists
When the at-fault driver is underinsured, this means that the driver has purchased an auto insurance policy that does not provide enough coverage for your damages. If you have underinsured motorist coverage, you may be able to collect, from your own insurance company, the amount of your damages that exceeds the at-fault driver’s insurance coverage.
Collecting Insurance Benefits
To recover benefits under an uninsured or underinsured motorist policy, the victim typically will need to show that the other motorist was at fault. The victim will also need to prove that his or her bodily injuries were significant. To collect benefits under an underinsured motorist policy, the victim will need to collect as much as possible from the at-fault driver’s insurance company first.
Stacking Insurance Coverage
In some states and under some insurance policies, an injured party may “stack” various policies to reach a satisfactory level of compensation. By stacking coverage from more than one auto insurance policy — or coverage for more than one car on a single policy — the injured party increases monetary recovery. Stackable coverage is not allowed in every state; in some cases, the insured must choose to have stackable coverage upon purchasing the policy.
Contact an Attorney
Uninsured and underinsured motorist coverage protects accident victims when they are most vulnerable. Not every policy has such coverage, however, and the victim’s approach to the situation can change the level of compensation he or she receives. Indeed, some rules do not require the victim’s insurance company to pay the victim if the victim settles prematurely with the at-fault motorist’s insurance company. This is why it is so important to work with an experienced attorney from Friedman Hirschen and Miller, L.L.P. in Albany, New York.
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