What are my choices if I get hit by a

Wang Yan
Wang Yan

World Courant

In New York State, in case you’re concerned in a automobile accident, you are entitled to Private Damage Safety (PIP), no matter who’s at fault, on account of the state’s No-Fault legislation. In circumstances the place another person’s negligence was the reason for the accident, you possibly can file a private harm declare by means of the insurance coverage of the defaulting automobile to pay to your legal responsibility declare. Nevertheless, there are occasions when one may be hit by an individual with inadequate protection. Learn on to see the choices out there to you in case you are ever confronted with this state of affairs.


All drivers in New York State are required to have legal responsibility insurance coverage that meets the next requirements:

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  • Minimal bodily harm: Minimal $25,000 per individual / $50,000 per accident
  • Materials injury minimal: $10,000 minimal (not relevant to your personal automobile)
  • Minimal uninsured/underinsured bodily harm: Minimal $25,000 per individual/$50,000 per accident (should not exceed your BI legal responsibility limits)
  • Fundamental safety in opposition to private harm minimal: Minimal $50,000
Regardless of these necessities, about 5.3% of drivers in New York drive their automobiles with out insurance coverage. Whereas this locations NY because the third lowest state (behind Massachusetts and Maine) with uninsured drivers, it nonetheless means there are literally thousands of drivers with inadequate protection.

UM cowl helps you in case you should not have entry to legal responsibility insurance coverage for injury attributable to an accident attributable to:

  • Unknown hit and run driver
  • Uninsured motorcar out of state
  • Uninsured NY motorcar
  • Stolen motorcar
  • Motorcar pushed with out proprietor’s permission
  • Unregistered motorcar
Whereas the Motor Automobile Accident Indemnification Company (MVAIC) additionally gives safety in accidents involving uninsured motorists, it solely acts as a final resort.


Not like uninsured motorist BI protection, underinsured motorist protection (UIM) is just not required by the state of New York. It gives protection if the defaulting driver in an accident has inadequate legal responsibility protection to completely reimburse you.

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In each UM and UIM circumstances, a declare have to be made in opposition to your personal insurance coverage to course of private harm claims. UIM claims take impact after the legal responsibility of the defaulting driver has been exhausted. If you end up severely injured by an underinsured motorist, you possibly can file a UIM declare if the accidents you maintain exceed the bounds of the negligent driver’s coverage.


Whereas most insurance coverage corporations will acknowledge and honor the UM/UIM provisions of your coverage, some will attempt to deny your UM/UIM declare or give you little or no compensation. It’s subsequently crucial to name in a private harm lawyer as quickly as attainable.

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What are my choices if I get hit by a

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