Denlea & Carton


July 17, 2023

Dealing with Underinsured and Uninsured Drivers

What to Know About Uninsured and Underinsured Motorists in NY

Despite New York law requiring drivers to carry insurance, many motorists have little or no insurance at all. Unfortunately, if you are seriously injured by an uninsured or underinsured driver, you could end up paying out of pocket without the help of an attorney.

At Denlea & Carton LLP, we provide dedicated representation for individuals who have been injured in car accidents in White Plains and throughout Westchester County, NY. Our lawyers are well-versed in handling cases involving uninsured and underinsured motorists. Contact our office today to speak with an attorney. All consultations are free and without obligation to retain our services.

What Is an Uninsured Motorist?

An uninsured motorist is someone who does not carry a valid insurance policy as required by state law. According to the Insurance Information Institute, 12.6% of motorists, or around 1 in 8 drivers, are uninsured across the United States. It is estimated that 4.1% of drivers in New York are uninsured. 

What Is an Underinsured Motorist?

An underinsured motorist is a driver that carries insurance but does not carry sufficient insurance to cover the damages they cause in an accident. If you are hit by an uninsured or underinsured driver, you could have a more challenging time seeking compensation for your damages.

Can I Recover Compensation If the Other Driver Doesn’t Have Insurance?

New York is a no-fault insurance state, meaning that if you are involved in a car accident, you will usually file a claim through your own insurance policy. However, no-fault insurance is limited and only covers a portion of your lost wages, medical bills, and other losses. If you are seriously injured, your no-fault insurance policy will likely be insufficient to cover all of your damages.

If the harm done to you was significant, you will likely meet New York’s serious injury threshold and be able to pursue a claim against an at-fault driver. Unfortunately, if that driver was uninsured or underinsured, it can be challenging to get compensation from them. To ensure that you receive the compensation you deserve, you will need to consult with an experienced attorney.

Do I Need Uninsured Motorist Coverage?

New York law requires that drivers carry uninsured motorist coverage. This coverage can help provide compensation if you are injured by an uninsured driver. You can also opt to carry underinsured motorist coverage, which would protect you if you are injured by someone who does not have sufficient insurance to cover all of your losses. 

Having the proper insurance coverage can help ensure that you receive the compensation you deserve, even if you are hit by someone who is not insured. If you do not have these coverages, your only option may be to sue the at-fault driver directly. 

Injured By an Uninsured Motorist? Contact Our Office.

Were you injured by an uninsured or underinsured motorist? Contact our office to schedule a free consultation. We have recovered millions of dollars in verdicts and settlements on behalf of accident victims throughout Westchester County, NY. Let us help you get the money you need now.


James R. Denlea

Jeffrey I. Carton

Robert J. Berg

Lindsey Leibowitz

Amber Wallace

John Leifert

Craig Cepler

Steven Schoenfeld

Stan Sharovskiy

Phil Smith

Martin McCann

Catherine Friesen

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