Uninsured Motorist Claim Lawyer New York County, NY
If you were injured in a collision with a driver who lacked insurance, you may be entitled to compensation through an uninsured motorist (UM) claim. Law Offices Of SRIS, P.C. represents individuals pursuing such claims in New York County, New York. Our firm concentrates on personal injury law and has the experience to help you navigate the insurance coverage issues that arise when the at‑fault driver is uninsured. Mr. Sris and his Of Counsel have documented over 4,739 case results since 1997, and bring over 120 years of combined legal experience. Results may vary. Having served more than 10,000 clients, and earning over 100 client reviews, we are prepared to handle your matter. Reach us at (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Is an Uninsured Motorist Claim in New York County, New York?
An uninsured motorist claim is a demand for compensation made through your own auto insurance policy when the driver who caused your injuries has no liability insurance. New York is a no‑fault state — your own Personal Injury Protection (PIP) coverage pays your medical bills and partial lost wages regardless of fault. However, when the at‑fault driver is uninsured and your losses exceed your PIP limits, or when you suffer a “serious injury” as defined by Insurance Law § 5102, you may pursue a UM claim under your own policy’s uninsured motorist endorsement. In New York County (Manhattan), these cases are ultimately tried, if necessary, before the New York Supreme Court at 60 Centre Street, New York, New York 10007. The court’s unlimited jurisdiction means there is no upper damages cap, and it adjudicates all major personal-injury matters arising out of motor vehicle collisions in the borough.
Our firm understands the local court landscape. We appear regularly in the New York County Supreme Court, the 1st Judicial District, and are familiar with the procedural rhythms of this venue.
New York County Supreme Court Court hours: Mon–Fri 9:00 AM – 5:00 PM. Counsel appearing on personal injury matters should plan filings accordingly.
Because the court operates on a calendar‑driven schedule, prompt action is critical to preserve evidence, meet discovery deadlines, and position your claim for the strongest possible resolution.
New York law requires every auto insurance policy issued in the state to include uninsured motorist coverage unless the policyholder specifically rejects it in writing. The minimum UM coverage limits for bodily injury are set by New York law. This statutory floor can often be stacked with underinsured motorist (UIM) coverage and umbrella policies, depending on the specific policy language. A thorough review of the complete insurance coverage stack is essential to identify all sources of recovery. Law Offices Of SRIS, P.C. Does this for every client, ensuring no available benefit is overlooked.
How Mr. Sris and His Of Counsel Handle Uninsured Motorist Cases
When we take on an uninsured motorist claim in New York County, we begin by gathering all accident‑related evidence: the police report, witness statements, medical records, and photographs. We examine your auto insurance policy to confirm the amount and scope of your UM coverage. Because UM claims are contractual in nature — you are asserting rights under your own policy — strict compliance with policy notice requirements and time limits is essential. Our legal team handles every notice and correspondence to protect your claim.
After we have assembled the facts, we present a demand package to your insurance carrier that details your injuries, lost earnings, treatment history, and the impact on your quality of life. Insurance companies have an incentive to undervalue UM claims, and they often dispute the severity of injuries or the need for certain treatments. Mr. Sris, a former prosecutor, understands how to build a compelling case using medical evidence, expert testimony, and, when necessary, the litigation process. If the carrier does not offer a fair settlement, we are prepared to file a lawsuit in New York County Supreme Court and take your case to trial.
The attorney‑client relationship is confidential, and we work on a contingency‑fee basis for personal injury matters. You pay no attorney’s fees unless we obtain compensation for you. Throughout the process, we explain each step, respond to your questions, and pursue the compensation you are owed under New York law.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, Mr. Sris brings a distinctive perspective to personal injury litigation — he knows how opposing parties build defenses and how to counter them. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He and his Of Counsel team bring over 120 years of combined legal experience to each matter. Results may vary.
Our Of Counsel attorneys are non‑employee practitioners engaged through Excella who concentrate their work in specific areas of personal injury law. Collectively, they strengthen the firm’s capacity to handle complex UM claims, from coverage disputes to trial. We treat each client’s situation as unique, developing a strategy tailored to the specific facts of the accident and the applicable insurance coverages.
Frequently Asked Questions
What is an uninsured motorist claim in New York?
An uninsured motorist claim is a demand filed under your own auto insurance policy for compensation when the at‑fault driver has no liability insurance. New York requires insurers to include uninsured motorist (UM) coverage in every automobile policy, with minimum bodily‑injury limits unless the policyholder rejects the coverage in writing. The claim proceeds as a contractual dispute between the policyholder and the insurer, and the amount recoverable depends on the policy limits and the extent of the insured’s damages.
How long do I have to file an uninsured motorist claim in New York County?
Personal-injury claims arising from a motor vehicle accident in New York must generally be brought within three years of the date of the accident under N.Y. C.P.L.R. § 214(5). Because a UM claim is contractual in nature, there may also be policy‑specific notice requirements that demand prompt notification to the insurance carrier. Failing to notify your insurer in a timely manner, or missing the statutory three‑year filing window, can bar your claim. Contact an attorney as soon as possible to protect your rights.
Do I need a lawyer for an uninsured motorist claim?
You are not legally required to hire a lawyer to pursue an uninsured motorist claim, but handling one without legal guidance can be difficult because of policy language, notice deadlines, and the insurance company’s financial interest in minimizing payouts. An experienced personal-injury attorney can investigate the accident, document your damages, negotiate with the insurer, and, if necessary, file a lawsuit in the New York County Supreme Court. Having counsel often leads to a more complete recovery.
How does the uninsured motorist claims process work in New York?
After an accident with an uninsured driver, you first submit a claim under your own UM coverage, supplying the insurer with a notice of the incident and supporting medical and wage‑loss documents. The insurer investigates the claim and may make a settlement offer. If the offer is insufficient, your attorney can demand arbitration or file a lawsuit in the New York Supreme Court. The case proceeds through discovery, motion practice, and, if not resolved, trial. Throughout the process, insurance‑policy deadlines and court calendars control the pace.
What damages can I recover in a New York uninsured motorist claim?
You may recover economic and non‑economic damages, including medical expenses, lost wages, reduced future earning capacity, and pain and suffering. New York follows a pure comparative‑fault rule, so your recovery is reduced by your percentage of fault, if any. For pain and suffering in auto‑accident cases, you must meet the “serious injury” threshold defined by Insurance Law § 5102. The total recovery is capped by the policy limits of your UM coverage, and any recovery from other available coverages, such as underinsured motorist (UIM) or umbrella policies, may increase the total compensation.
What if the at‑fault driver is underinsured?
If the at‑fault driver carries insurance but the liability limits are insufficient to fully compensate your losses, you may have a valid underinsured motorist (UIM) claim under your own policy. UIM coverage is distinct from UM coverage, though many policies bundle them. The claim proceeds similarly: you demand compensation from your own insurer to cover the shortfall between the at‑fault driver’s liability limits and your actual damages, up to your UIM policy limit. The same notice deadlines and court procedures apply.
How long does it take to resolve an uninsured motorist claim in New York?
The resolution timeline for an uninsured motorist claim in New York varies considerably depending on the complexity of the injuries, the cooperation of the insurer, and the court’s docket. Some cases settle within months of the demand letter if liability and damages are clear and the policy limits are modest. Other cases take longer—particularly those requiring litigation in the New York County Supreme Court—where discovery, motions, and the court calendar may extend the matter to a year or more. We work to move each case forward efficiently while building the strongest possible record.
How can I contact a New York County uninsured motorist claim lawyer?
You can reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to request a consultation about your uninsured motorist claim. Our firm serves individuals throughout New York County, including Midtown, Lower Manhattan, the Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, the East Village, the Financial District, Chinatown, Washington Heights, and Inwood. We accept personal injury cases on a contingency‑fee basis, so you pay no legal fees unless we obtain compensation for you.
Personal Injury Legal Services in neighboring New York counties:
Kings County (Brooklyn) Personal Injury Lawyer |
Queens County (Queens) Personal Injury Lawyer |
Richmond County (Staten Island) Personal Injury Lawyer |
Nassau County Personal Injury Lawyer |
Suffolk County Personal Injury Lawyer
Official New York legal resources:
New York Civil Practice Law and Rules § 214 |
New York County Supreme Court
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.
Results may vary.