Car Accidents In New York – Supplementary Underinsured Benefits

By Michael Joseph on June 15, 2010

Unfortunately, many people who have suffered serious personal injuries in car accidents are victims to inadequate insurance coverage. This typically occurs where the person who is responsbile for causing the car accident or the truck accident has only a minimum policy.

Where an accident victim has suffered a serious injury caused by someone with only a minimum liability policy, New York injury lawyers who represent car accident and truck accident victims must explore the availability of supplementary underinsured benefits. The minimum insurance requirement in New York is $25,000 of liability insurance. Where an accident victim has suffered a serious personal injury such as a fracture or back injury that requires surgery or is disabling, that is insufficient.

Where the accident victim has higher insurance limits, their own insurance can be made to pay the difference between the low insurance policy of the defendant and the policy limits of the accident victims. For example, if the car accident victim has $100,000 in insurance and the person who caused the car accident has $25,000 in insurance, then, the defendant’s insurance company will pay $25,000, and then the car accident victim with serious persoanl injuries can force their own insurance company to pay $75,000 (the difference between the $100,000 policy and the $25,000).

Under New York law, every car insurance policy automatically must include a S.U.M., endorsement. New York car accident lawyers must put the no fault carrier on notice of an SUM claim as soon as possible after learning the policy limits of the under insured vehicle. Also New York car accident lawyers must get consent from the S.U.M. adjuster prior to settling with the insurance carrier for the car or truck that caused the accident, or else S.U.M. benefits might be lost.

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