When their coverage falls short
Many drivers carry only modest liability limits. When a car accident compensation claim is worth more than the at-fault driver's policy, New York drivers can look to supplementary uninsured/underinsured motorist coverage, usually called SUM, on their own policy. How much SUM a policy carries is a choice made when the policy is bought, and it is frequently overlooked, so the declarations page is worth checking. Policies held by relatives in your household may also provide coverage. The way SUM is calculated usually accounts for what the other driver's policy paid, and if the other driver had no insurance at all, uninsured motorist coverage is usually the route.
A claim against your own insurer
A SUM claim is made against your own insurance company, yet the relationship becomes adversarial in a way that surprises people. The insurer may ask for an examination under oath and a medical examination by a doctor it chooses. The policy also sets notice requirements, and late notice can put the claim at risk. Your insurer's consent is usually needed before settling with the other driver. SUM disputes in New York are often resolved through arbitration rather than a lawsuit.
Planning the claim from the start
We look at every policy that might apply before the claim against the other driver is resolved, because the order of steps matters. We confirm notice has been given where needed and that no settlement will undercut your own coverage. We also gather the medical and wage proof that both insurers will want. Then we lay out a sequence that keeps each source of recovery available. Where a household includes more than one car or more than one policyholder, the coverage picture can be larger than people realize, and it is worth reviewing every policy before deciding on next steps.
