New York motorists are required to have bodily injury liabilityinsurance of at least $25,000 per person/ $50,000 per accident.
This insurance coverage is generally available to “indemnify” the insured in the event of a third-party claim for personal injuries by another motorist or pedestrian. Unfortunately, not everyone follows the law, and some motorists on New York roads do not have any bodily injury liability insurance. If one of these uninsured motorists hurts someone on New York roads, who will provide a source of compensation for the injured person?
Many law-abiding motorists carry the minimum bodily injury liability policy of $25,000/$50,000 , meaning they often lack sufficient insurance coverage to fully compensate the injured person, whose injuries may be significantly debilitating or life-changing. In some cases, the minimum bodily injury liability coverage is just not enough to make the injured person “whole,” compensating them for pain and suffering and returning them to their pre-accident state. Who, or what, can make up the difference?
Supplemental uninsured/underinsured motorist (SUM) coverage may be helpful in situations where someone’s injuries are more serious than the amount of available bodily injury liability insurance coverage carried by the at-fault motorist. SUM coverage is similar to, but distinct from, uninsured motorist (UM) coverage, which applies when the motorist who caused the injuries has no insurance coverage at all. SUM and UM insurance are forms of first-party insurance coverage offered by New York insurance companies. After being harmed by someone on New York roads, the injured motorist can turn to their own insurance company for coverage if the person who caused the harm lacks insurance or does not carry sufficient insurance.
At first, it may seem counterintuitive for your own insurance company to pay for damages caused by another person who should have had enough insurance coverage in the first place, but you pay insurance premiums for insurance protection. If your own insurance company ends up paying for injuries caused by another, it may exercise a right to recover what it paid from the person who caused your injuries. This is known as subrogation.
This area of law can sometimes get complicated, with notice requirements and statutes of limitations. It is a form of contract law, with various regulations and endorsements. After a car crash an experienced New York personal injury attorney can explain the difference between SUM and UM coverage and help to identify any and all potential insurance coverage so that you can receive maximum compensation.
If you were hurt in a motor-vehicle accident involving a driver with no insurance , or inadequate insurance , consider contacting an attorney who has experience with such cases. Contact the attorneys at William Mattar, P.C. for help. Call our office, at 844-444-4444, or fill out our online form requesting a free initial consultation. We can help you handle the legal parts of your recovery so that you can get your life back on track.