New York UM/UIM Accident Attorney

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Alex Nocerino

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Alex Nocerino is a founding partner at our firm and a successful trial lawyer with roots in New York. He is a member of the New York State Bar Association, the New York State Trial Lawyers Association, and the American Association for Justice. He has helped injured individuals win hundreds of millions in compensation from large corporations, government entities, and wealthy landlords.

With 18 years of experience, he has been recognized as a Super Lawyer since 2019 and has a five-star Avvo rating. He is a true New Yorker and a successful trial lawyer who is unafraid to go up against even the powerful and combative defendants.

Content Last Updated: August 28, 2025

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If you’ve been injured in an accident and the at-fault driver has no insurance, or their insurance doesn’t cover your expenses, you need someone who can help you get the compensation you need. An uninsured driver accident lawyer from Chopra & Nocerino can help.

Our attorneys have over 20 years of combined experience and have secured hundreds of millions in favorable client verdicts and settlements. We are real New Yorkers representing other New Yorkers, and we don’t back down from a fight.

What Is the Process of Filing a UM/UIM Accident Claim in New York?

If you have injuries from a collision with an uninsured motorist, it’s crucial to take the following steps as soon as possible:

Exchange information: After an accident, the law requires you and the other driver to exchange your contact information, driver’s license numbers, insurance information, and vehicle registrations.
Report the accident: All drivers must file a crash report with the Department of Motor Vehicles if an incident in New York caused injury, death, or property damage exceeding $1,000.
File a no-fault claim: Because New York is a no-fault insurance state, your policy’s Personal Injury Protection is the first to cover medical costs after an accident.
Submit evidence: To approve compensation from your UM/UIM coverage, your insurer will need documentation that the damages exceed your no-fault personal injury protection limits.
Contact a New York City injury lawyer: Our experienced attorneys help you protect your right to compensation, even when powerful insurance companies push back.

How Injury Claims Are Processed When the Other Driver Is Uninsured or Underinsured

After you file a claim, your insurance company will investigate the incident and verify that your injuries qualify for UM/UIM coverage. This coverage hinges on the other party’s insurance status, making it a fault-based claim. To pursue this type of compensation, two things must be true:

You must meet the state’s serious injury threshold or have economic losses above $50,000.
The other driver must be at fault.

You may still file if you share fault for the incident. New York’s comparative negligence rule allows you to pursue damages even if you are primarily at fault, but the court will reduce damages by your fault percentage.

If you qualify for fault-based damages, the insurer must verify that the driver does not have insurance or has insufficient insurance to cover your injuries. The next step is for the insurer to issue an offer.

How Long Do I Have To File a UM/UIM Claim in New York?

Should the insurance company refuse to offer a fair settlement, you may file a lawsuit. In this case, New York’s statute of limitations will apply.

State law gives most victims three years from the date of an accident to file a personal injury lawsuit. Contact an attorney for help meeting your deadline.

Do You Need an Uninsured Motorcycle Accident Attorney To File a Claim?

If your accident caused you serious injury, it’s beneficial to work with an experienced UM/UIM accident lawyer. A skilled attorney can review your case and help you identify fault, potentially uncovering other responsible parties with insurance coverage.

Personal injury lawyers also help you obtain crucial evidence to build a strong case. Our attorneys use evidence to argue for fair compensation and will negotiate ruthlessly with insurance companies. If the insurance company won’t play fair, we can take your case to trial and represent you in court.

What Types of Accidents Qualify for UM/UIM Claims in New York?

UM/UIM coverage applies to a wide variety of traffic accidents, the common thread being the at-fault driver’s insurance status.

Car Accidents

This is the most common type of accident involving UM or UIM coverage. It protects drivers and their passengers when the at-fault motorist lacks insurance or has insufficient coverage. It also applies if the claimant was unable to identify the driver responsible for the crash.

Motorcycle, Truck, and Pedestrian Accidents

UM and UIM coverage also applies to traffic accidents involving other vehicles. In the case of motorcycle crashes and bicycle accidents, UM and UIM help to cover high medical costs. New York excludes motorcyclists from needing to file a no-fault claim first, which means your UM would be the first to pay if the at-fault driver is uninsured.

Truck accidents also lead to severe injuries, as well as costly property damage. A truck’s large size makes it particularly hazardous in a crash, especially when the incident involves a smaller vehicle.

Having UM/UIM coverage also means your insurance covers pedestrian accidents if the driver’s insurance is not available. This benefit can ease your financial burden after the trauma of being hit by a car.

Hit and Run Accidents

Hit and run accidents are a common problem, with 2,872 fatalities nationwide in 2023. Because these incidents typically involve unidentified at-fault drivers, UM coverage is crucial.

New York explicitly allows victims of hit-and-run crashes to file a claim with their uninsured motorist coverage if the at-fault driver is untraceable. This protects victims from having to bear the financial burden of these traumatic accidents.

How Much Money Can You Get From a UM/UIM Claim?

Most car accident claims involve economic and non-economic damages, which address different types of losses. Economic damages cover out-of-pocket costs, such as:

Medical expenses: Doctor’s visits, hospital stays, rehabilitation, and related costs
Lost wages: Missed work hours and lost future earning capacity
Property damage: Vehicle repairs and other damage to belongings

Non-economic damages compensate you for intangible losses, such as pain and suffering. This category includes physical pain, emotional distress, and reduced quality of life. An experienced car accident lawyer in New York can help you determine the value of your claim, based on the circumstances of your accident and its impact.

What Are the Penalties for Getting in an Accident Without Insurance in New York?

Fines for driving without insurance: Under New York State law, the fine for driving without insurance ranges from $150 to $1,500. Imprisonment of up to 15 days is also possible.
License and registration suspension: New York may revoke the license and registration of anyone found driving without insurance. Authorities can determine the duration of the suspension and impose more severe penalties in certain situations, such as repeat offenses.
Responsibility for damages: If the uninsured driver is at fault and someone sustains a serious injury, that party may file a lawsuit. In New York state, if found responsible, the at-fault driver may be responsible for all damages, including medical bills, lost wages, and pain and suffering. This can place a significant financial burden on the uninsured driver.
Difficulty getting insurance later: Depending on your insurer, lack-of-coverage violations can make it more challenging to obtain a policy in the future.
Impact on the accident victim: Recovering compensation can be more difficult for an injury victim when the at-fault driver lacks coverage. If you are in this situation, an experienced attorney can help you find pathways to compensation and potentially relieve financial stresses.

Common Issues in UM/UIM Claims and How To Avoid Them

Underestimating the Value of Your Claim

Insurance companies often try to minimize claims to reduce their financial responsibility. Victims can fight back by documenting all accident-related costs.

The Importance of Documenting Your Injury and Damages

Evidence is your best defense against insurance company pushback. Save and organize all accident-related medical records, repair estimates, and any other documentation associated with your claim. Police reports, witness statements, and accident scene photos can support your reports of what happened.

When Insurance Companies Deny or Delay Claims

Insurance companies use multiple tactics to shut down, delay, or reduce your claim. They may approach you for questioning soon after your accident, hoping you will disclose information they can hold against you. They may also submit a low offer in the hope that you will accept without fighting for what you deserve.

What Is UM/UIM Coverage?

If you’re not sure what this type of coverage is, you’re not alone. Many people don’t think about it until they’re in a car accident with an uninsured driver, at which point it’s absolutely essential.

Definition of Uninsured Motorist (UM) Coverage

Uninsured motorist coverage, or UM auto insurance, protects policyholders in an accident with a driver who has no insurance. If that driver is financially responsible for your injuries, your UM coverage can compensate you up to policy limits.

Definition of Underinsured Motorist (UIM) Coverage

Underinsured motorist coverage, also known as UIM coverage, activates when the at-fault driver’s liability limits are insufficient to cover the damages.

Importance of UM/UIM Coverage in New York

Uninsured drivers are a persistent issue across the United States. Approximately 8.6 percent of New York drivers lack any insurance, according to the Insurance Information Institute.

This number is below the national average of 15.4 percent, partially because UM coverage is mandatory in the state of New York. Minimums are the same as liability insurance: $25,000 for bodily injury to an individual, up to $50,000 per accident.

All New York motorists benefit from buying uninsured motorist coverage beyond the minimums and adding optional UIM. Coverage can significantly improve your chances of recovering full and fair compensation, without the expense and greater uncertainty of suing the individual driver.

Why Choose Chopra & Nocerino for Your UM/UIM Claim?

If you’ve been in an accident with an uninsured driver and need legal help, you deserve a firm that does things BIG. We are true advocates who fight for you like family, both in and out of court. We have recovered numerous six- and seven-figure case results, including:

$4 million: Our client, a middle-aged woman, was stopped at a red light in Suffolk County when she was rear-ended and severely injured. She received a one-level fusion to the neck and a one-level fusion to her spine. We obtained the settlement while at trial with the negligent party. This settlement is a top result in Suffolk County in 2025.
$2 million: A 40-year-old female suffered a spinal injury sustained when her vehicle was struck in a Brooklyn intersection. A settlement was reached in the King’s County Supreme Court.
$600,000: Awarded to a 31-year-old male who was rear-ended while working in Nassau County. The case settled for $100,000 from the vehicle that rear-ended him, and $500,000 was recovered from the plaintiff’s employer’s Supplementary Uninsured/Underinsured Motorist policy.

The accident attorneys at Chopra & Nocerino are real New Yorkers who stop at nothing to defend our clients and make sure their bills are paid. Contact us online or call 855-NYC-HURT today for a free consultation.

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