New York drivers are required to carry automobile insurance to protect others on the road who may be injured due to their negligence. However, not every driver complies with this requirement.
Some motorists carry only the minimum liability coverage, which is not always enough to fully compensate an injured person after a serious accident. Supplemental Uninsured/Underinsured Motorist (SUM) coverage provides additional protection that can help cover your losses.
Insurance companies are required to offer SUM coverage in New York. If your policy includes it, you may file a claim with your own insurer to recover compensation beyond the at-fault driver’s coverage limits.
Do I need SUM coverage if I have no-fault insurance?
If you are injured in a car accident, your no-fault insurance will typically cover at least a portion of your medical expenses and certain out-of-pocket costs. However, if your injuries are severe or your vehicle sustains significant damage, you may need to pursue a claim against the at-fault driver’s insurance policy.
When a negligent driver has little or no liability insurance, they may still be legally responsible for your damages — provided your injuries qualify as “serious” under New York law. In those situations, you may have the right to work with a personal injury lawyer to pursue compensation for losses that exceed your no-fault policy limits, including non-economic damages such as pain and suffering.
Unfortunately, uninsured or underinsured drivers often lack sufficient assets to pay a judgment even if you win a lawsuit. SUM coverage can help bridge that gap by allowing your own insurance policy to provide additional compensation.
Auto insurance coverage requirements
Each state establishes minimum automobile insurance requirements. In New York, drivers must carry no-fault Personal Injury Protection (PIP) coverage as well as minimum liability coverage that includes:
- $10,000 in property damage liability coverage
- $25,000 for bodily injury and $50,000 for death involving one person in an accident
- $50,000 for bodily injury and $100,000 for death involving two or more people in an accident
The cost of a serious injury can quickly exceed these minimum coverage limits. Choosing higher liability limits can help protect your personal assets if you are sued after an accident. Likewise, selecting higher SUM coverage limits can provide additional financial protection if you are injured by an uninsured or underinsured driver.
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Do you have SUM coverage?
If you purchased a New York automobile insurance policy after June 18, 2018, it likely includes SUM coverage automatically at limits equal to your bodily injury liability coverage unless you specifically opted out.
If your policy was issued before June 2018, you may not have SUM coverage, or your coverage may only match the minimum liability limits required by law. It is a good idea to review your policy carefully and consider increasing your coverage if necessary.
Filing a SUM claim
If you intend to file a SUM claim, your insurance policy likely requires you to notify the company as soon as reasonably possible. Failing to do so could give the insurer grounds to deny the claim.
Regardless of the at-fault driver’s coverage, your recovery under a SUM claim is limited to the coverage amount stated in your own policy. For example, if you carry $100,000 in SUM coverage, that is generally the maximum amount available through your policy regardless of whether the other driver had no insurance or only minimal coverage.
To recover SUM benefits, there must typically be evidence showing:
- The other driver was at fault
- The driver was uninsured or underinsured
- The accident directly caused your injuries and losses
Although you are dealing with your own insurance company, SUM claims can still become contentious. Insurance companies may dispute how the accident occurred or challenge the extent of your injuries and damages.
Having an attorney on your side can improve your chances of securing the compensation you deserve.
Discuss your accident with a lawyer
There is no time to waste after an accident involving an uninsured or underinsured driver. Even when dealing with your own insurance carrier, you may receive a settlement offer that does not fully reflect your losses.
The New York City personal injury lawyers at Douglas & London are available to review your case and help you pursue full compensation. Call today to speak with our New York City car accident lawyers. Consultations are free and confidential.
