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What to do if you are injured by an uninsured or underinsured driver

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If you have been injured in an auto accident in New York or anywhere in the United States, the chances are about one in seven that the at-fault driver is uninsured, according to an Insurance Research Council study. The council reported that the estimated percentage of uninsured motorists increased nationally from 12.7 percent in 1999 and 14.6 percent in 2004. Although New York was among the five states with the lowest uninsured driver estimates with 7 percent, it is important to remember that the recent economic downturn has led to a nationwide increase in drivers who cancel their auto insurance or are underinsured.

So what happens if you are injured in an accident caused by an uninsured or underinsured driver? The uninsured motorist clause of your auto insurance policy covers you, the insured members of your household and your passengers for personal injuries, damages or death caused by an at-fault uninsured or hit-and-run driver. If you are involved in an accident where the other driver is at fault, but has no insurance, your policy will cover your medical expenses, up to the policy limit. Like any coverage, what you receive will be limited to the terms and conditions contained in your policy.

Although you may have paid your monthly insurance premiums with the expectation that your insurance company will provide timely coverage in the event of an accident, this is not always the case. Insurance companies often play hardball with consumers, either denying their claims altogether or trying to minimize the value of their claims.

This is why, injured victims of New York car accidents would be well-advised to contact an experienced car accident lawyer, who has a successful track record of fighting insurance companies and helping accident victims obtain fair and full compensation for all injuries, damages and losses.

If you require help understanding your legal rights and options in a car accident involving an uninsured or underinsured driver, please contact the Law Offices of Kenneth A. Wilhelm at 1-800-WORK-4-YOU for a free and comprehensive consultation. Our experienced personal injury lawyers will guide you through what can be a complex legal process, fight for your rights and help you secure the compensation you rightfully deserve.



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