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Brooklyn Uninsured and Underinsured Driver Claims Lawyer

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Uninsured and Underinsured Driver Claims Lawyer Brooklyn, NY

Were you injured by an uninsured or underinsured driver in Brooklyn, NY?

At The Edelsteins, Faegenburg, & Blyakher LLP, we are committed to helping injured Brooklyn clients recover when the other driver’s insurance falls short.

If you’ve been injured in a crash with an uninsured or underinsured driver in Brooklyn, our Brooklyn, NY uninsured and underinsured driver claims lawyer can review your own policy, identify every available source of payment, and pursue compensation for your injuries. We obtain the policies, the police report, and the medical records, present the claim to your insurer, and file suit or arbitration when a claim does not resolve fairly.

The Edelsteins, Faegenburg, & Blyakher LLP is a Brooklyn trial firm whose attorneys have represented injured clients since 1937. Contact us to discuss your claim.

Uninsured and Underinsured Driver Claims Lawyer Brooklyn, NY

An uninsured and underinsured driver claims lawyer represents people hurt by a driver who has no insurance or too little to cover the harm. The lawyer identifies every policy that applies, including the client’s own, and pursues payment from each source in the right order.

State registration data lists 534,985 vehicle registrations in Kings County, including some that expired within the past two years. An uninsured driver claims attorney in Brooklyn, NY examines the other driver’s coverage, the limits of your own policy, and the order in which each source pays.

Types of Uninsured and Underinsured Driver Cases We Handle in Brooklyn

These claims differ by the reason the other driver’s insurance cannot pay and by the coverage that fills the gap. The categories below describe the claims we handle for Brooklyn clients.

  • Uninsured driver crashes. A driver with no insurance leaves the injured person with no policy to pursue. We turn to your own coverage and, where a recovery is realistic, to the driver.
  • Underinsured driver crashes. A driver with a small policy cannot pay for a serious injury. We document the full value of the claim and pursue the difference from your own coverage.
  • Uninsured motorist claims on your own policy. Every New York auto policy must include this coverage. We present the claim to your insurer and take it to arbitration or court when it is disputed.
  • Car accidents. Drivers and passengers hurt in a crash with a driver whose coverage is missing or too low have more than one policy to consider. We establish fault and identify each policy that applies.
  • Supplementary coverage claims. Optional supplementary coverage extends your protection when the other driver’s limits are lower than your own. We review your policy and the other driver’s limits before the claim is made.
  • Unidentified drivers. When the driver cannot be found, your policy and a state fund may be the only sources of payment. We meet the reporting conditions that these claims require.
  • Pedestrian accidents. Pedestrians struck by an uninsured driver may claim under a household policy or the state fund. We identify every policy that could apply to the injured person.
  • Catastrophic injuries. Injuries that require lifelong care often exceed a driver’s limits. We document the lasting effects of the injuries with the treating physicians.
  • Wrongful death. When a crash with an underinsured driver kills a family member, surviving relatives may bring a claim for their losses. We document the financial support and companionship the family has lost.

Why Choose The Edelsteins, Faegenburg, & Blyakher LLP as My Uninsured and Underinsured Driver Claims Lawyer in Brooklyn, NY?

Reading Policies Before the Claim Begins

These claims succeed or fail on policy language, notice conditions, and limits. We read every policy before the first demand is made and compare each limit with the value of the injuries, which is what clients should expect from a car accident lawyer in Brooklyn, NY.

Glenn K. Faegenburg earned his J.D. from Brooklyn Law School in 1990. Paul J. Edelstein has practiced in New York since 1995 and belongs to the State Trial Lawyers Association.

Recoveries in Serious Vehicle Injury Cases

Our firm has recovered over $100 million for injured clients, including these results in cases involving vehicles:

  • $7,208,000 for a worker killed by a company truck
  • $5,250,000 settlement for a Staten Island man hit by a negligently driven truck
  • $4,350,000 for a driver struck in a head-on collision by an intoxicated driver

These results depend on their own facts and do not predict the outcome of another claim. You owe no fee to begin, and our fee is paid only if we recover compensation for you.

Understanding Uninsured and Underinsured Driver Claims in Brooklyn, NY

Damages, Liability, and Compensation for Uninsured and Underinsured Driver Cases

Liability rests on negligence, and a claim against your own insurer still requires proof that the other driver caused the crash. Under the comparative fault statute, a recovery is reduced by the injured person’s share of fault. In personal injury actions subject to the state’s no-fault insurance law that are commenced on or after May 26, 2026, a claimant whose fault exceeds the defendant’s cannot recover. Pain and suffering damages in a motor vehicle claim also require a serious injury under the no-fault law. A policy pays no more than its limits, so those limits cap the recovery from each source.

Compensation can include:

  • Medical expenses, including emergency care, surgery, and rehabilitation
  • Lost earnings and any reduced ability to work
  • Pain and suffering and the effect of the injuries on daily life
  • Wrongful death damages for the losses a family suffers when a crash is fatal

What Is the Uninsured and Underinsured Driver Case Timeline?

New York generally allows three years from the crash to file suit under CPLR 214, but your own policy sets notice conditions and its own deadlines for these claims. A claim on your policy generally moves through these stages:

  1. Notice. You tell your insurer about the crash and the claim right away, in the way the policy requires.
  2. Limits. We request the other driver’s coverage information, and we compare it with your own limits.
  3. Exhaustion. In an underinsured claim, the other driver’s limits are generally resolved before your supplementary coverage pays.
  4. Claim. Once your condition is stable, we present the claim and the medical records to your insurer.
  5. Resolution. The claim ends in a settlement, an arbitration award, or a verdict.

What Are Important Aspects of an Uninsured and Underinsured Driver Case?

State law requires uninsured motorist coverage in every auto policy, while supplementary coverage is optional. The table shows how the sources of payment fit together.

Source of payment What it does
The other driver’s liability policy Pays first, up to its limits
Uninsured motorist coverage Pays when the other driver has no insurance
Supplementary coverage Pays when the other driver’s limits are lower than yours, once those limits are resolved
The state indemnification fund Pays qualified people when no policy covers the crash

Prompt action matters in every route. When the crash was not your fault, a prompt doctor visit creates a record that links your injuries to the crash.

What Should You Bring to Your Uninsured and Underinsured Driver Consultation?

Your own policy tells us as much as the crash itself.

  • Your auto policy and declarations page, including any supplementary coverage
  • The other driver’s name, plate number, and insurance information, or proof that none exists
  • The police report number
  • Medical records, imaging results, and bills
  • Any letters from your insurer or the other driver’s insurer
  • Pay stubs or an employer letter showing missed work

The first consultation is free. We review the crash, compare the policies that apply, and explain how our fees work.

Reach Out to The Edelsteins, Faegenburg, & Blyakher LLP to Schedule a Consultation

Notice conditions and policy deadlines can limit these claims, so early review helps. At The Edelsteins, Faegenburg, & Blyakher LLP, the first consultation is free, and you owe no attorney fee unless we recover compensation. Contact us to speak with our Brooklyn uninsured and underinsured driver claims lawyer, and we will review your policy, the other driver’s coverage, and your options.

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The Edelsteins, Faegenburg, & Blyakher LLP