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How do I know I have a claim for Uninsured Motorist Benefits under my Insurance Policy?

Written by: Jeena R. Belil

Reputation Level 13

Posted over 3 years ago. Applies to New York, 1 helpful vote, 0 comments

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The offending vehicle is uninsured

This may seem pretty obvious, but there are things to look out for. Check the police report. Is an insurance code listed? Was the offending vehicle's owner ticketed for no insurance? Make sure you find out whether the Driver, if different from the owner had a valid motor vehicle policy at the time of the accident. If he or she did, then the offending vehicle is not uninsured.

The offending vehicle was stolen

This can include your OWN vehicle, if you have sustained injuries by attempting to stop a thief from stealing your car. Note that if you are a passenger in a vehicle and you have knowledge that the vehicle you are in was stolen, uninsured motorist coverage will not be triggered.

The offending vehicle's insurance carrier disclaims coverage

The disclaimer must be timely sent to you or your attorney and must state specifically the basis of the disclaimer.

The offending vehicle's coverage was cancelled prior to the accident

An insurance carrier which cancels a policy must do so pursuant to specific New York State Law. If the carrier does not follow proper cancellation procedures, the coverage continues and the vehicle is not considered uninsured.

The offending vehicle is a hit and run vehicle

Under New York Law and the applicable policy of insurance, you must satisfy these requirements in order to have a valid hit and run claim: 1. You must prove that the offending vehicle or its driver could not be identified 2. You must prove that there was contact between your vehicle and the hit and run vehicle 3. You must report the accident within 24 hours to the police 4. You must file a statement under oath to the uninsured motorist carrier no later than 90 days after the accident (or as soon as reasonably practicable if you have Supplemental Uninsured Motorist Benefits).

Additional Resources

This guide is simply an overview. If you have been injured in a hit and run accident, it is recommended that you speak with a qualified Personal Injury Attorney who has handled insurance coverage issues.

Long Island New York Accident Attorney