Even though laws requiring auto insurance can be strict, not every driver follows them. If you have been in a motor vehicle accident with an uninsured or underinsured motorist, you may have more options than you realize. Before you settle with any insurance company, contact our firm to learn about your legal rights and options.
Attorneys for Auto Accident Victims in New York City
From our offices in Queens, the capable personal injury trial lawyers of Ginsberg & Katsorhis help people who have suffered serious injuries in car, truck, motorcycle and other motor vehicle accidents recover.
Our team has the extensive trial experience to protect your rights against insurance companies that are very good at convincing accident victims to make damaging statements or give up important rights. The insurance companies are not on your side. We will be.
The following in formation is designed to help you understand some of the more important general concepts involved in motor vehicle accident and injury cases. If you have questions or need help to protect your right to seek recovery, we invite you to contact our offices today to schedule a free consultation.
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Following a car, truck, motorcycle or other motor vehicle accident, you should seek medical treatment immediately. Even if it seems you were not badly hurt, you could still be suffering a serious injury. Don't make the mistake of talking to an insurance adjuster before you've seen a competent physician and consulted an attorney who can advise you of your rights. Contact us for more information.
At the Queens law firm of Ginsberg & Katsorhis, we are a team of trial lawyers. That means that we have the skill and experience to fight for your rights and your recovery in court. Not every auto accident case goes to trial — many of the cases we have handled have settled quickly and for a fair amount. But if it takes going to trial to get you the care and compensation you need to recover, we will fight for you all the way.
Uninsured and Underinsured Motorists
When a driver refuses or is unable to carry proper motor vehicle insurance, that driver puts more than just him- or herself at risk. If the driver injures another person, the insurance will be inadequate to cover the damages. Injured parties, however, may be covered by their own insurance policies; uninsured and underinsured motorist coverage protects accident victims in these cases. If you have been involved in an accident with an uninsured or underinsured driver, it is important to contact an attorney at Ginsberg & Katsorhis, P.C. in Flushing, New York, to create a plan of action.
Uninsured Motorists
Even if your state requires all drivers to carry auto insurance, the driver who injured you or your passenger may not have had insurance. Or you may have been hurt in a hit-and-run accident, making it impossible to identify the driver at all.
This is when uninsured motorist coverage will step in to protect your interests. Many states require auto insurance companies to offer uninsured motorist coverage. If your insurance company offers uninsured motorist coverage, and you chose to include it in your policy, then your insurance company will act as if it were the at-fault driver’s insurance company in compensating you.
When you file an uninsured motorist claim, your insurance company’s interests can be adverse to your interests. Consulting with an attorney before filing a claim is wise.
Underinsured Motorists
When the at-fault driver is underinsured, this means that the driver has purchased an auto insurance policy that does not provide enough coverage for your damages. If you have underinsured motorist coverage, you may be able to collect, from your own insurance company, the amount of your damages that exceeds the at-fault driver’s insurance coverage.
Collecting Insurance Benefits
To recover benefits under an uninsured or underinsured motorist policy, the victim typically will need to show that the other motorist was at fault. The victim will also need to prove that his or her bodily injuries were significant. To collect benefits under an underinsured motorist policy, the victim will need to collect as much as possible from the at-fault driver’s insurance company first.
Stacking Insurance Coverage
In some states and under some insurance policies, an injured party may “stack” various policies to reach a satisfactory level of compensation. By stacking coverage from more than one auto insurance policy — or coverage for more than one car on a single policy — the injured party increases monetary recovery. Stackable coverage is not allowed in every state; in some cases, the insured must choose to have stackable coverage upon purchasing the policy.
Contact an Attorney
Uninsured and underinsured motorist coverage protects accident victims when they are most vulnerable. Not every policy has such coverage, however, and the victim’s approach to the situation can change the level of compensation he or she receives. Indeed, some rules do not require the victim’s insurance company to pay the victim if the victim settles prematurely with the at-fault motorist’s insurance company. This is why it is so important to work with an experienced attorney from Ginsberg & Katsorhis, P.C. in Flushing, New York.
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