Uninsured Motorist Claim Lawyer New York, NY

You were driving on the FDR when a delivery truck ran a red light. The driver had no insurance. You suffered a broken leg and missed months of work. Now you are trying to understand how to recover the money you need for medical bills and lost income when the at-fault party could not be identified or carried no liability coverage. This is the kind of uninsured motorist claim that an experienced New York personal injury lawyer handles every day. Law Offices Of SRIS, P.C. helps people throughout New York City and the surrounding counties pursue the compensation they are owed through their own uninsured motorist (UM) coverage after an accident with an uninsured or hit-and-run driver. To discuss your accident and the next steps, reach our location at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Uninsured Motorist Claims Mean in New York

New York is one of a handful of states that require every auto insurance policy to include uninsured motorist coverage. This means your own insurer stands in the shoes of the absent or uninsured driver and pays the damages you would have recovered from that driver if they had been properly insured. In New York City, where traffic density is extreme and the percentage of uninsured drivers is significant, these claims are a vital part of any motor vehicle accident practice.

An uninsured motorist claim arises when the at-fault driver has no liability insurance, when a hit-and-run driver cannot be identified, or when the at-fault driver’s insurer denies coverage. The claim is brought against your own automobile insurance carrier under the UM endorsement of your policy. However, New York law also imposes the same threshold requirements that apply to any negligence claim arising from a motor vehicle accident. Under New York Insurance Law § 5102, you must have suffered a “serious injury” to recover non-economic damages (pain and suffering). The statutory definition of serious injury includes a fracture, significant disfigurement, permanent loss of a body organ or function, significant limitation of a body function or system, or a medically-determined injury that prevents substantially all usual daily activities for at least 90 of the 180 days following the accident. This serious injury threshold applies equally to claims against an uninsured driver, meaning you must document your injuries carefully from the start. A personal injury lawsuit against the uninsured driver must be filed within three years from the date of the accident (N.Y. C.P.L.R. § 214(5)). Claims for property damage are also subject to a three-year statute of limitations. The deadline to bring a claim against your own UM insurer is generally governed by the insurance policy’s terms and may be longer, but prompt investigation and notice to the insurer is essential. The New York County Supreme Court, located at 60 Centre Street, hears civil claims involving uninsured motorist disputes in Manhattan, while similar courts in Kings, Queens, Richmond, and Nassau counties handle cases in the other boroughs.

How Mr. Sris and His Of Counsel Handle Uninsured Motorist Claim Cases

When you ask Law Offices Of SRIS, P.C. to take on your uninsured motorist claim, we start by gathering every piece of evidence that will shape the outcome. We obtain the police accident report, identify whether the other driver had any coverage, and determine whether your UM endorsement applies. Because many serious motor vehicle accidents in New York City involve multiple lanes of traffic, ride-share vehicles, or commercial trucks, we work with accident reconstruction attorneys and medical professionals to build a full picture of liability and damages.

You are not required to sue your own insurance company right away. Often, the claim begins by sending a demand package to the UM carrier with all medical records, wage loss documentation, and a liability analysis. If the carrier does not offer a fair settlement, we can file a lawsuit in the appropriate New York Supreme Court. Throughout the process, we handle all communications with the insurance adjuster so you can focus on your recovery. The timeline varies by the complexity of the case and the court’s calendar, but we push to resolve matters efficiently. We work toward favorable outcomes in every case; however, Results may vary. and prior successes do not guarantee a similar result

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced personal injury law since 1997. A former prosecutor, Mr. Sris brings decades of trial experience to the firm’s motor vehicle accident practice. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), reflecting his deep engagement with the law. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His multi-state experience gives him a broad perspective on uninsured motorist law that benefits clients throughout the five boroughs and beyond.

Mr. Sris is supported by a team of Of Counsel attorneys who also concentrate their work on personal injury litigation. All legal work is performed under his supervision. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience to uninsured motorist claims. Results may vary. Mr. Sris and his Of Counsel have documented 4,739+ case results across all practice areas since 1997. To discuss how the team can help with your uninsured motorist matter, call (888) 437-7747.

Verify admissions: Virginia State Bar https://vsb.org/lawyer-search | Maryland Judiciary https://www.mdcourts.gov/lawyers/attorneylist | DC Bar https://www.dcbar.org/membership/member-directory | NJ Courts https://www.njcourts.gov/attorneys/attorneysearch | NY OCA https://iapps.courts.state.ny.us/attorneyservices/search

Last reviewed: June 2026

Frequently Asked Questions

How long do I have to file an uninsured motorist claim in New York?

You have three years from the date of the accident to file a personal injury lawsuit against the uninsured driver (N.Y. C.P.L.R. § 214(5)). The deadline to demand uninsured motorist benefits from your own insurer may be governed by your policy’s terms, which often require prompt notice. Because missing a deadline can extinguish your right to compensation, you should speak with an attorney as soon as possible after an accident. A lawyer can help you determine the correct filing window and preserve critical evidence.

What is the serious injury threshold and how does it affect my UM claim?

New York’s No-Fault law limits recovery for non-economic damages (pain and suffering) to cases where the injured person suffered a “serious injury” as defined by Insurance Law § 5102. The definition includes fractures, significant disfigurement, permanent loss of a body organ or function, significant limitation, or a medically-determined injury that prevents substantially all usual daily activities for 90 of the 180 days after the accident. This threshold applies to a UM claim just as it would to a claim against an insured driver. You need medical documentation to meet the threshold, which is why early diagnosis and treatment are important.

Do I really need a lawyer for an uninsured motorist claim?

You are not legally required to hire a lawyer for an uninsured motorist claim, but the claim process is complex and your own insurance company will have legal counsel representing its interests. A UM claim involves gathering accident evidence, negotiating with adjusters, proving liability, establishing the serious injury threshold, and potentially filing a lawsuit. An experienced personal injury lawyer can handle each step for you and work to maximize your recovery. Many clients find that having an attorney levels the playing field.

What should I do immediately after an accident with an uninsured driver?

Call 911, seek medical attention, and report the accident even if the other driver has no insurance. Get the driver’s name, contact information, vehicle plate number, and insurance information if they have any. Take photos of the scene, vehicle damage, and your injuries. Obtain witness contact details. Then notify your own auto insurer that you were in an accident with an uninsured or hit-and-run motorist. After that, consult a personal injury lawyer who can guide you through the next steps. Do not give a recorded statement to any insurance representative until you have spoken with counsel.

Will my insurance rates go up if I make an uninsured motorist claim?

In many cases, your premium should not increase simply because you made a UM claim against your own policy after an accident caused by an uninsured driver. New York regulations generally prohibit insurers from penalizing you for accidents that are not your fault. However, rate determinations depend on your insurer’s practices and your overall claims history. Speak with your insurance agent and your attorney to understand how a UM claim might affect your specific policy. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

How does a UM claim work if the at-fault driver is a hit-and-run?

A hit-and-run is treated as an uninsured claim if the driver cannot be identified, but New York law requires you to report the accident to the police within 24 hours and to file a sworn statement with your insurer within a short time frame. Your ability to recover here depends on prompt action. The police report is critical because it documents the incident and the fact that the other driver fled. Your attorney will then demand compensation from your UM carrier, proving liability and damages as if the missing driver had been insured. The same serious injury threshold applies.