New York Underinsured Motorist Accidents

All drivers in New York are required to carry a minimum amount of auto insurance. However, if a driver only carries the minimum coverage, that may not be enough to pay for damages suffered in a serious car accident. There are a variety of injuries that a victim of a car accident can suffer requiring that the victim seek the help of a New York Injury Lawyer. Such injuries may include internal injuries, a spinal cord injury, head injuries, abrasions, broken or crushed bones, amputations, or a brain injury. These types of injuries often require extensive treatment and extended recovery periods. This means that such victims face financial distress due to the high medical bills and the inability to work. If you were injured in a car accident, a truck accident, or any type of vehicle accident with an underinsured motorist, it is critical that you contact an experienced New York Underinsured Motorist Accidents Lawyer who can advise you of your legal options.

New York law requires that drivers carry New York State issued automobile liability insurance coverage. There are minimum amounts of insurance that drivers must have:

• $25,000 for injuries to one person and $50,000 for the death of one person in one car accident
• $50,000 for injuries to multiple people and $100,000 for deaths of multiple people in one car accident
• $10,000 for property damage in one car accident

However, if a driver only carries the minimum coverage, that may not be enough to pay for damages suffered in a serious accident.

If you are injured in an accident and the other driver is underinsured, you may still be able to recover damages from your own underinsured motorist policy. New York insurance companies offer a variety of types of auto insurance including underinsured motorist coverage. Underinsured motorist coverage will pay for damages if you are injured in a car accident caused by another person who does not have sufficient liability insurance. The amount of compensation that you will receive will be based on the amount of the damages you suffered, the amount of liability insurance the negligent driver has, and the amount of underinsured coverage you have. As long as you have chosen sufficient policy limits, your underinsured coverage will cover your medical bills and bodily injury.

Victims of collisions involving an underinsured driver can suffer a variety of serious injuries. Common injuries in vehicle accidents include head and brain injuries, broken bones, neck injuries or whiplash, internal bleeding, shoulder injuries, and pelvic fractures. Such serious injuries will result in significant medical bills as well as missed work. Fortunately, through a personal injury lawsuit there are number of different types of damages that you may be able to recover:

• Medical expenses. The person responsible for the accident that caused your injuries may be required to pay for your medical expenses. This would include medical bills you accumulated prior to filing your claim as well as future medical expenses related to the treatment of your injury.
• Lost wages. Even a relatively minor accident may cause you to miss time at work. The person responsible may be required to pay the wages you lost. If you end up using earned sick days or vacation days, you may be entitled to receive compensation for those days. Furthermore, if as a result of your injury your earning potential declined, you may be able to recover damages for loss of future earning capacity.
• Pain and suffering. Another potential source of damages that you may be entitled to receive is pain and suffering. In the context of a personal injury claim, pain and suffering refers to physical pain as well as emotional distress.

You will also be able to recover damages for property damage, such as the damage to your vehicle. However, your recovery will be capped by the limits of the negligent person's policy and your underinsured motorist policy.

A car accident may leave you with both physical injuries and financial stress. In many cases such as when the at-fault driver was underinsured, the amount of recovery that you may be able to receive from an insurance company may be limited. However, there may be other options to pursue that may result in your receiving additional compensation. The staff at Stephen Bilkis and Associates has extensive experience representing clients injured in auto accidents in cases where the negligent driver was uninsured or underinsured. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your car accident.