How the coverage fits together
In New York, auto policies include uninsured motorist coverage, and many also carry optional supplementary coverage that can apply when the other driver is uninsured or has too little insurance to cover your injuries. These coverages address bodily injury; medical bills and lost earnings are usually handled first through no-fault benefits. A hit-and-run is typically treated as an uninsured motorist claim, provided the required reporting steps were taken. People without their own auto policy, including some pedestrians, may have recourse through the Motor Vehicle Accident Indemnification Corporation, a fund created under state law. Coverage limits and the type of supplementary coverage you bought matter a great deal.
Notice rules come early
Uninsured motorist claims carry strict notice requirements under the policy and under New York law. In hit-and-run cases, reporting the accident to the police promptly and notifying your insurer quickly are usually conditions of coverage, and the windows for doing so are short. Insurers may also ask for a sworn statement or an examination under oath. If you have any reason to think the other driver was uninsured, notify your own insurer in writing without waiting for confirmation. Keep copies of everything you send and note the dates.
Disputes with your own insurer
Even though it is your policy, your insurer may dispute fault, the seriousness of your injuries, or whether the claim qualifies. Many uninsured motorist disputes in New York go to arbitration rather than court, depending on the policy terms. If the other driver was underinsured, settling with that driver's carrier without your own insurer's consent can jeopardize supplementary coverage, so the order of steps matters. Bring the police report, your policy declarations page, letters from insurers, and medical records. We review your coverage, the notice already given, and what has to happen next.
