Uninsured Motorist Lawyer in Bronx, NY

The driver had no insurance. Or the driver left the scene. Or the driver carried New York's minimum $25,000 and your medical bills passed that in the first week. In all three situations the claim moves from the other driver's insurer to your own — and the rules change completely.

Two coverages do the work:

• Uninsured Motorist (UM) coverage, mandatory in New York, applies where the at-fault vehicle had no insurance or was never identified — the hit-and-run case.
• Supplementary Uninsured/Underinsured Motorist (SUM) coverage applies where the at-fault driver had insurance but not enough. It pays the difference up to your SUM limit.

The deadlines here are shorter and less forgiving than most people expect:

• Report a hit-and-run to the police promptly — generally within 24 hours — and notify your own insurer as soon as practicable. Delay is the most common reason these claims are denied.
• Never settle with the at-fault driver's insurer without your SUM carrier's written consent. Signing a release without it can extinguish the SUM claim entirely, no matter how strong the case is.
• If there is no policy available at all, the Motor Vehicle Accident Indemnification Corporation (MVAIC) may apply for qualified persons, with a notice of intention to make claim required within 90 days under Insurance Law § 5208.

The rest of New York law still applies: no-fault benefits of $50,000 with the NF-2 filed within 30 days, and the serious injury threshold in Insurance Law § 5102(d). Most UM and SUM claims are resolved in arbitration rather than before a jury, so ask any attorney how often they arbitrate these claims. Cases requiring court involvement are filed in Supreme Court, Bronx County, 851 Grand Concourse. General information, not legal advice.

Nothing upfront. New York injury attorneys handle UM and SUM claims on contingency — a percentage of the recovery, nothing if there is no recovery. One-third of the net recovery is the customary arrangement in New York personal injury matters.

What affects the outcome:

• Whether the claim resolves in negotiation or goes to arbitration, and whether the arbitration is binding
• Case expenses: medical narratives, expert reports, transcripts, arbitration fees
• Whether those expenses are deducted before or after the fee
• Liens: no-fault, health insurance, Medicare, Medicaid
• Your own SUM limit — which is the ceiling on the claim, and often lower than people assume
• Whether multiple household policies can be reached

Take a moment to check your declarations page. Many New York drivers carry SUM at the same low limit as their liability coverage, and raising it is inexpensive. Our consultation and referral cost nothing.

Because in a UM claim your own insurer becomes the opposing party, and the procedural traps — late notice, settling without consent, missed MVAIC deadlines — are the kind that end claims outright.

• Free consultation; the referral costs you nothing.
• Available 24/7 at (800) 669-0060.
• English, Spanish, and Russian.
• Over 30 years matching injured people with attorneys across New York and New Jersey.
• Local case experience in Bronx County.
• Continued involvement after the introduction.

Attorneys in Michael Brook's network give the same warning in every underinsured case: do not accept the at-fault driver's policy limits until the SUM carrier has consented in writing. That signature protects a claim that is often worth more than the settlement being offered.

Disclaimer: Michael Brook Attorney Referral is not a law firm and provides no legal representation or legal advice. This is general information and does not replace advice from a licensed attorney about your specific situation. No result is guaranteed.