HIT-and-RUN ACCIDENT - Underinsured, and Uninsured Motorists
» Uninsured or Underinsured motorist coverage
Some motorists ignore legal requirements mandating insurance coverage, cannot afford insurance, or purchase insufficient insurance to cover the expenses involved in catastrophic accidents. For these reasons, many people purchase uninsured and underinsured motorist coverage from their personal automotive commercial carriers.
Uninsured motorist coverage provides protection for the policy holder against injuries caused by uninsured drivers who are at fault in an accident or hit and run drivers whose identify is never discovered. If involved in an accident, the policyholder can obtain reimbursement and compensation from the insurance carrier. If you are involved in an accident with an uninsured motorist, it is imperative that you obtain qualified legal counsel before applying to the insurance company for benefits. Insurance company policy terms can be lengthy and complex. Let us decipher the information for you to ensure that you get the benefits you paid for.
Underinsured motorist coverage provides protection for the policyholder in situations where the at- fault driver has automobile insurance but not enough to cover the policyholders damage or injuries. Generally, underinsured drivers are those who choose to purchase the minimum amount of insurance required by law. A policyholder who has purchased underinsured motorist coverage can apply for compensation from his or her own insurance company for any amounts not covered by the underinsured motorist’s carrier.
Obtaining Benefits
To obtain benefits, the policyholder must demonstrate two things
1) The underinsured or uninsured motorist was at fault in the accident.
2) The policyholder was seriously injured
In the case of underinsured motorist coverage, the policyholder must take action to collect the at- fault drivers policy maximum limits before collecting under his or her own insurance. Contact us before making any claims for insurance benefits so that we can advise you on the complexities of insurance policies and how to obtain the maximum allowable from your policy.
» No uninsured or underinsured motorist coverage
If you are the victim of a hit-and-run driver or an uninsured/underinsured motorist for whom you do not have protective coverage as discussed above, you are still able to receive insurance benefits if you meet certain deadlines and procedures. In New York, the Motor Vehicle Accident Indemnification Corporation ("MVAIC") must provide the same protection to people who do not own an insured car or live in a household with an insured vehicle. Car owners and their household members can make a claim directly against their own insurance company and may not need to go through MVAIC.
First, make sure that you report your accident to the police within 24 hours or your rights to any benefits may be forfeited. If you were hospitalized and you failed to report the accident, be sure to call the local police precinct and report the occurrence as soon as possible.
If you were the driver or passenger of a car struck by a vehicle that left the scene, you should make two claims against the insurance company of the car you were in:
- a claim for medical and hospital expenses and lost wages under the No-Fault section of the policy;
- a claim to seek monetary damages for pain and suffering under the uninsured motorist’s protection of the policy.
Make sure to you must file a written notice of claim with the Motor Vehicle Accident Indemnification Corporation immediately after the accident. However, if you or a member of your household owns an insured car, your claim should also be made with the insurance company that insures that vehicle.
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