When you get seriously hurt in a car accident, you can sue another driver for damages. What happens if this driver’s insurance policy cannot cover all of your expenses though? This is not actually an uncommon occurrence. Depending on the severity of a crash, someone carrying just the minimum amount of coverage could be considered an “underinsured” driver. Fortunately, this is when your own insurance coverage might be able to help. A car accident lawyer in Queens can tell you how.
Can I Make Two Insurance Claims If a Driver is Underinsured?
In a situation like this, you would end up making two insurance claims. First, you can make a third-party claim against another driver’s insurance policy. If they were negligent and caused the accident, their liability policy should pay out for bodily injury and property damage up to its limits.
If this does not cover all of your expenses, this is when you would then submit a first-party claim with your own insurer. You can use your uninsured/underinsured coverage to make up the difference between what the other driver’s policy can pay for and what you need to cover all of your expenses.
Is Underinsured Driver Coverage Mandatory in NY?
Not every state requires uninsured and underinsured motorist coverage, but New York does. So this should be a part of your policy. It’s designed for situations just like these. It can also be used if you are hit by a driver with no insurance at all or in situations where a driver who hits you flees the scene.
There is a minimum amount of underinsured/uninsured coverage that you are required to carry, but you can also increase the limits just like you would with a liability policy. Depending on the cost of your policy, expanding your coverage might be more than worthwhile.
What Types of Damages Can Be Covered?
Between the other driver’s liability coverage and your own uninsured/underinsured motorist coverage, you should be able to cover most of the expenses stemming from this accident. Your compensation can help you address things like:
- Medical expenses
- Lost wages
- Loss of earning potential
- Loss of enjoyment
- Pain and suffering
- Vehicle repair or replacement costs
Do I Need a Lawyer?
We do recommend hiring a lawyer. Insurance companies rarely part with their money easily. Even if you have a valid claim to make, you could run into some roadblocks and have trouble negotiating. Your annoyances could double if you have to make a liability claim and an underinsured motorist claim.
Our lawyers have experience dealing with insurers. We’ll help you deal with both companies and negotiate for the fair compensation you deserve.
Contact Our Law Firm Today
So don’t let any insurance companies push you around. If you are owed compensation, our seasoned car accident lawyers are ready to help you fight for it. Contact the Law Offices of George Poulos and ask to schedule a consultation with our team today.
