How Is A Personal Injury Claim Involving An Uninsured Motorist Different From A Regular Claim?
In this article, you can discover:
- Distinctions between personal injury claims for uninsured and insured motorists
- General timeline for filing an uninsured motorist claim
- Tips on starting a lawsuit against an uninsured motorist
Imagine this scenario: A man was driving his car with three other passengers when another driver caused an accident. The man and his passengers were injured, but the other vehicle’s driver only had a $25,000 insurance policy.
Let’s say the same driver had a standard insurance policy known as a “25/50” policy. “25/50” means that if only one party is injured, they will not receive a payout exceeding $25,000. On the other hand, if multiple injured parties are injured, a payout of $50,000 is dispersed among all four individuals. Hence, they would be looking at settlements of $12,500, and in a situation where their injuries are worth a lot more than $12,500, this can be very disappointing.
In a more typical situation, a standard uninsured or supplemental uninsured coverage may apply. If they have normal liability coverage, they will usually have to pay up to $25,000. If they have a supplementary range on top of that, then even more money may be available to you.
Is There A Certain Time Limit To File An Uninsured Motorist Claim?
The statute of limitations for most auto insurance claims is three years. However, there are some situations where the time frame is shorter. These claims are not treated the same as regular auto insurance claims. It is essential to understand the difference if you are filing an uninsured or underinsured motorist claim.
Auto insurance companies typically only cover claims filed within a specific time-frame. In New York, this time-frame is usually six years. This is because there is a contract between the driver and their auto insurance company. So, if you have been in an accident, file your claim within six years.
Is It Advisable To Sue An Uninsured Or Underinsured Motorist Individually?
Sometimes, clients want a personal injury lawyer to help sue an underinsured motorist. However, it wouldn’t work in many cases because the other driver usually doesn’t have the money. Therefore, trying to get money from them would be a waste of time and resources.
There are many misconceptions about lawsuits and what they can achieve. People often think that suing someone means you can easily win a large sum of money, but this is not always the case. In reality, lawsuits are often much more complicated than people realize, and the outcomes can be very different from what was expected. While it is true that you can sometimes get a judgment against the other driver in a lawsuit, this doesn’t necessarily mean that they will have to pay anything.
Is It Difficult To Recoup A Settlement From Lawsuits Against Uninsured Or Underinsured Drivers In New York?
Different insurance companies have other policies, but generally, they are not quick to pay out claims. They will try to do so whenever they can get out of paying. This type of situation is not unique. The company will add new requirements to make it more challenging to put forth the claim.
Occasionally our firm can recoup a settlement from a lawsuit against uninsured or underinsured drivers in New York. It takes longer, but experienced attorneys for personal injury can still manage it.
For more information on Personal Injury Claim Involving Uninsured Motorists, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (845) 208-2444 today.