With the holiday season fast approaching, parking lots across Buffalo and other cities are brimming with shoppers. As people rush to get the perfect gifts, the parking lots—especially those near major shopping centers—become increasingly chaotic. In this hustle and bustle, accidents are more likely to happen, and one of the most common types of accidents during the holiday season is a parking-lot hit-and-run. If you find yourself involved in a hit-and-run during this time of year, it’s essential to understand how to use your Uninsured/Underinsured Motorist (UM) and Supplemental Uninsured/Underinsured Motorist (SUM) coverage to get paid and ensure that you don’t face overwhelming expenses alone.
Navigating through the aftermath of a hit-and-run can feel overwhelming, but with the right steps, you can recover compensation for medical expenses, lost wages, and other costs related to the accident. Let’s break down the process of how to make sure you get paid and what you need to do to protect yourself legally.
What to Do Immediately After a Parking-Lot Hit-and-Run 
In the aftermath of a hit-and-run accident in a parking lot, the first priority is your safety. While it’s important to try to gather information, your safety and the safety of others should always come first. Here are the immediate steps you should take following a parking-lot hit-and-run accident:
- Check for injuries – If you or anyone else is injured, call 911 immediately for medical assistance. Even if you don’t feel injured at first, it’s important to get checked by a medical professional, as injuries from car accidents can sometimes surface hours or even days later.
- Document the accident scene – If you are physically able, try to take detailed notes and photographs of the accident scene. This includes capturing images of your vehicle, any visible damage, nearby vehicles, and the area where the accident occurred. If possible, get the contact information of any witnesses who may have seen the hit-and-run driver or the accident itself.
- Contact the police – Call the police and file a report. In New York, a police report is crucial in the event of a hit-and-run accident. The police can help track down the driver if there are any leads, and the report will also be a vital piece of evidence when filing an insurance claim.
- Notify your insurance company – It’s important to report the accident to your insurer as soon as possible. Provide them with all the details of the incident, including what you saw, the damage to your car, and any information you may have about the other vehicle involved in the hit-and-run.
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Andrews
Partner
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Maranto
Partner
Tom
Kotrys
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Robert J.
Maranto, III
Attorney
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Rezvi
Attorney
Even though you might not have direct information about the driver, it’s crucial to document everything you can and file a police report. Now, let’s dive into how your insurance coverage can help protect you in these circumstances.
Understanding UM and SUM Insurance in New York
If the driver responsible for the accident cannot be located or does not have sufficient insurance to cover the damages, your Uninsured/Underinsured Motorist (UM) and Supplemental Uninsured/Underinsured Motorist (SUM) coverage can be used to pay for medical expenses, lost wages, and other related costs. Let’s go over both types of coverage in detail:
Uninsured Motorist (UM) Coverage: Protecting You from an Uninsured Driver
Uninsured Motorist (UM) coverage is designed to protect you in situations where the driver responsible for your accident does not have insurance. This can happen in a hit-and-run situation if the at-fault driver leaves the scene without leaving any traceable information or if their insurance coverage is nonexistent.
New York is a no-fault state, which means that your own insurance company will cover your medical bills and lost wages regardless of who was at fault in the accident. However, No-Fault insurance only covers a portion of your costs and does not cover pain and suffering, which is where UM insurance comes into play.
If you are involved in a hit-and-run accident where the responsible driver is uninsured or cannot be located, your UM coverage will step in to provide financial compensation. This compensation may include:
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- Medical Expenses: UM coverage can help pay for hospital bills, surgeries, rehabilitation, and other medical treatments required as a result of the accident.
- Lost Wages: If the accident leaves you unable to work, UM coverage can reimburse you for lost income due to your injuries.
- Pain and Suffering: If your injuries are serious enough to cause long-term physical and emotional distress, UM coverage may provide compensation for your pain and suffering.
Having UM coverage ensures that you won’t be left without options if the other driver is uninsured or untraceable.
Supplemental Uninsured/Underinsured Motorist (SUM) Coverage: Bridging the Gap in Coverage
Supplemental Uninsured/Underinsured Motorist (SUM) coverage is an extra layer of protection that provides additional coverage when the at-fault driver’s insurance is insufficient to cover your costs.
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For example, let’s say the hit-and-run driver has the minimum required insurance coverage, which in New York is $25,000 per person for bodily injury. If your medical bills and other accident-related costs exceed this amount, SUM coverage can provide additional compensation to fill the gap between the at-fault driver’s insurance and your total expenses.
Here’s how SUM coverage works:
- When the at-fault driver is underinsured: If the driver has insurance, but their limits are too low to cover all your expenses, SUM will help bridge the difference. This is particularly important if you’re dealing with serious injuries that require extensive treatment and rehabilitation.
- It’s an added benefit: SUM coverage is optional in New York, but it’s highly recommended for drivers who want to ensure they’re fully protected in the event of an accident with an underinsured driver.
With SUM coverage, you can rest assured that if the responsible driver has limited insurance or no insurance at all, you won’t be left facing high costs out-of-pocket.
Filing a UM/SUM Claim: A Step-by-Step Guide
Once the accident has been documented and you’ve reported it to both the police and your insurance company, it’s time to file a claim under your UM or SUM coverage. Here’s a step-by-step breakdown of how the process typically works:
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1. Notify Your Insurance Company Promptly
Your insurance company will need to be informed about the accident as soon as possible. Depending on your insurance policy, you may have a limited time to file a claim, so it’s crucial to act quickly. Provide them with all the details of the hit-and-run, including the police report, photos, and witness statements. The more information you can provide, the better.
2. Work with an Experienced Personal Injury Attorney
Hit-and-run accidents can be complicated, especially when dealing with UM/SUM claims. Your insurance company may not always offer the full compensation you deserve, and they may try to minimize your claim or deny your request. This is where a personal injury attorney becomes invaluable.
A skilled personal injury attorney, such as those at Andrews, Bernstein & Maranto, PLLC, will fight on your behalf to ensure that your rights are protected and that you receive the full compensation you are entitled to. Your attorney can also help you navigate through any disputes with your insurance company, ensuring that the process moves smoothly and that you’re not taken advantage of.
3. Gather All Medical Documentation
When filing a UM or SUM claim, you will need to provide proof of your injuries and medical treatment. This includes hospital records, doctor’s notes, rehabilitation plans, and any other medical documentation that supports your claim. Your attorney will assist you in collecting and organizing these documents to present a compelling case to your insurer.
4. Negotiating with the Insurance Company
Insurance adjusters may attempt to offer a settlement that is lower than what you’re entitled to. Having an attorney on your side can help ensure that the negotiations go in your favor. Your lawyer will advocate for you and help negotiate a settlement that covers all of your medical bills, lost wages, pain and suffering, and other expenses related to the hit-and-run accident.
5. Going to Trial (if Necessary)
If the insurance company refuses to provide a fair settlement or denies your claim altogether, your attorney may recommend filing a lawsuit. This step can be intimidating, but having an experienced attorney by your side ensures that your case will be presented effectively in court, giving you the best chance of receiving a favorable outcome.
Why You Need a Personal Injury Attorney for Your UM/SUM Claim
Filing a UM/SUM claim after a parking-lot hit-and-run accident can be challenging, especially when insurance companies try to minimize their payouts. The expertise of a personal injury attorney can make a world of difference in ensuring you get the compensation you deserve. An attorney can:
- Help you understand your rights and the full extent of your coverage
- Handle communications with the insurance company
- Advocate on your behalf during negotiations
- Represent you in court if a lawsuit becomes necessary
If you’ve been injured in a parking-lot hit-and-run accident this holiday season, you don’t have to go through it alone. Contact the experienced personal injury attorneys at Andrews, Bernstein & Maranto, PLLC, for a free consultation. We’ll help you understand your legal options, guide you through the claims process, and fight for the compensation you deserve.