Underinsured Motorist Cases

Underinsurance coverage, or what is commonly known as “SUM” coverage, (Supplemental Underinsurance coverage) is an often vital aspect of automobile insurance coverage which many drivers are unfamiliar with. Worse yet, some are specifically advised by their insurance brokers not to get this coverage (brokers are protecting the insurance company from claims and tell the client that they will pay a smaller premium). SUM coverage comes into effect when a driver or passenger in a car is injured in an accident through the negligence of another vehicle, which is inadequately insured. For example, if the liability limits of the wrongdoer’s car are less than the SUM limits of the injured person’s vehicle, an underinsurance claim can be pursued.

At The Law Office of Mark A. Siesel in White Plains, we often represent clients in underinsurance claims against their own insurance companies. To give an example, if the driver of the negligent car has the minimum liability limits of $25,000, and our client has a $100,000 SUM limit with their own insurance carrier, we can pursue a claim on the client’s behalf for $75,000; the $100,000 SUM limit of the client minus the $25,000 liability limit of the other car, which must be subtracted. It is critical that you retain attorneys who are knowledgeable and experienced in litigating underinsurance claims, as there are several requirements which must be met to pursue the claim.

Underinsured Motorist Cases

While uninsured motorist coverage is required in the state of New York, SUM coverage is optional. According to the Insurance Research Council (IRC), about one in seven drivers in America may be driving without insurance, and an even higher number are driving with minimal insurance. Since so few motorists are told about SUM policies and choose to insure for just the minimum, chances are strong that you will be in a car collision with someone who is driving without adequate insurance at some point in your life. This means that you may need to file a claim with your own insurance company to get the compensation you need to pay for your damages.

What You Need to Know About Underinsured Motorist Cases in White Plains

To begin with, underinsurance claims must be submitted soon after the accident occurs to avoid a “late notice” defense from your insurance company. As a result, you may need to submit the claim before learning the extent of the insurance coverage of the at-fault driver.

Further, there are various specific requirements as to how the claim must be submitted (for example, your insurance policy may require that claims can only be submitted by certified mail). An underinsurance claim is only viable if the SUM limits are greater than those of the other driver. If they are the same, or the other car has more insurance coverage than your underinsurance limits, there is no underinsurance claim. Further, an underinsurance claim can only be made if the other car offers its entire policy limits in settlement first.

What Should I Do If I’m In an Accident With Someone Who Is Underinsured?

You might not know that your car collision involves a driver who doesn’t have enough coverage. Therefore, it’s important to treat every situation with care, to protect your ability to secure the right settlement and compensation for your injuries. You will want to:

• Stay calm and avoid saying too much. In the moments after the event, try to evaluate the situation. Should you need to, call emergency services to get life-saving medical attention for yourself or anyone else who is injured at the scene. If you don’t need emergency help, try to avoid saying anything about the cause of the accident. Keep in mind that anything you say now can be used by insurers later when you file a claim.
• Get out of the way, if you can. Avoid secondary car collisions by moving your car off to the side of the road, if it is possible to do so.
• Exchange insurance information with the other driver(s). Jot down their license plate number and the make and model of the car, too. At this point, you will not know how much insurance coverage the other motorist(s) have, but do start with the basic information to make sure you can file a claim.
• Start securing documentation. As soon as you can, start keeping every bit of possible evidence related to the car accident. Take photos and videos of the scene and vehicles involved, and any photos of the surrounding area, weather conditions, traffic signs, and injuries or losses you’ve suffered. Continue to keep any information related to your accident, including copies of police and medical reports, receipts related to your medical treatment, and anything else related to your claim. Write down detailed records of doctors’ visits, contacts with insurance companies, and anything you remember about the accident. This information will be valuable when you need to fill out forms or want to consult with an attorney about your claim.
• Seek medical help. Unless you’re a physician, don’t assume you’re uninjured, even if you feel fine. Always get a medical evaluation as soon as possible after being in a traffic accident. Not only does this ensure you get the medical treatment you need for any injuries, but it also starts the process of documenting your injuries, which can help you establish how much coverage you need for medical costs.
• Contact a lawyer with experience in underinsured motorist cases. Underinsured motorist cases are more complex, which is why it’s important to consult with an attorney well-versed specifically in these cases. Car accidents involving uninsured and underinsured drivers are more likely to become hit-and-run cases, since drivers may decide they’re not willing to face the legal and financial consequences of a collision. In a situation where you don’t even know the identity or insurance company of the other driver or find that the other motorist had insufficient coverage for your losses, you may face a fight from your own insurer when you try to make a claim. An experienced attorney understands this and has handled similar situations before, so they’re poised to help you. 

Should you need to speak with an attorney in the Westchester County area, contact The Law Office of Mark A. Siesel online or call us for a free consultation. We can answer your questions, explain SUM coverage to you, and most crucially, review what options you may have to seek financial recovery in your case. Mark A. Siesel is the founder of our law firm, and he will be actively involved in every part of your claim, from your consultation through to the trial, should one be necessary. With 38 years of experience representing clients, Mark A. Siesel understands how insurance companies try to deny your claim and understands how to seek compensation for you.

I Have Insurance—Do I Really Need a Personal Injury Lawyer?

In the prosecution of an underinsurance claim, the client’s own insurance carrier takes on the role of an adversary, despite the fact that the client has been paying his or her insurance company premiums for the underinsurance coverage. Your carrier is entitled to conduct “discovery”, including an “examination under oath”, which is essentially a deposition in which the client is asked numerous questions about the accident, their injuries, their medical treatment, and their activities of daily living. Additionally, your insurance company is permitted to send you to physicians of their choosing to determine the extent of your injuries, despite the lack of objectivity of these medical examinations.

The role of your car accident attorney is to make sure that your rights are represented in this process. Your attorney will help you fight back if your medical condition is not accurately described by physicians chosen by your insurance company and your lawyer will help you build a strong claim that shows why you are entitled to compensation.

Why Should I Contact The Law Office of Mark A. Siesel?

If you suffer injuries in a motor vehicle accident in the Westchester County area, contact the White Plains Personal Injury Lawyers. You can reach us online or call us for a free consultation to discuss your case in detail and your legal options.