Underinsurance Car Accident Claims

When you are injured in a car accident due to the negligence of another driver in the State of New York, because of the complexities of New York’s No-Fault law and New York State insurance regulations, it is essential that you retain an attorney with the requisite experience and knowledge to assure that you receive all possible insurance benefits and coverage to compensate you for all of your injuries and lost earnings. The car accident attorneys at The Law Office of Mark A. Siesel have the necessary background and dedication to assure that your case will be handled expeditiously, professionally and diligently from its inception to conclusion, by way of trial or settlement.

Insurance Rules in New York

New York law requires that all owners of motor vehicles have automobile liability limits of at least $25,000.00. Drivers in New York must carry liability benefits of $25,000 to pay for pain and suffering claims or a minimum of $50,000 for wrongful death if they negligently cause injury or death to the occupants of another motor vehicle. Additionally, under the “No-fault” provisions of the New York State Law, you are automatically entitled to a minimum of up to $50,000 in what is called “PIP” benefits, (“personal injury protection.”) The distinction is that pain and suffering claims are made against the other driver’s insurance, whereas medical and hospital bills (and lost earnings up to a maximum of $2,000 per month for a maximum of three years) would be filed against your own no-fault insurance company.

However, what about an instance where the victim of a car crash has injuries and/or financial losses which are worth well in excess of the $25,000 liability policy limits of the at-fault driver? In this scenario, the issue of “underinsurance” coverage or what is known as “SUM” insurance is vitally important. “SUM” coverage stands for “supplemental underinsurance motorist”, and this coverage only applies in certain circumstances.

How to File a Claim

As an example, if the driver of an automobile suffers injuries which are worth well in excess of the liability limits of the negligent other driver who caused those injuries, the injured driver can make an underinsurance claim if his or her “SUM” coverage is in excess of the liability limits of the wrongdoer. Thus, if the injured driver has $100,000 in SUM coverage, and the negligent other driver has $25,000 liability limits, the injured driver is eligible for up to $75,000 in SUM benefits, if he or she first collects the $25,000 from the negligent other driver’s car insurance, and then makes a claim against his own SUM coverage. The SUM carrier gets credit for the $25,000 the injured person has already received from the other insurance company.

Where a Car Accident Attorney Can Help

There are several requirements in filing a SUM claim which make it essential that your attorney be fully versed in this area of law. For example, an underinsurance claim can only be filed if it is done so in a prompt fashion, often before the attorney knows what the policy limits of the negligent other driver are. Further, underinsurance coverage only applies if the SUM coverage of the client exceeds that of the other car; if the at-fault driver has the same policy limits, or policy limits of the driver at fault are in excess of the SUM coverage, then the SUM coverage does not apply. Additionally, the SUM carrier is entitled to conduct a deposition of its own insured, known as an “EUO” (examination under oath), to inquire as to its own insured’s injuries and medical treatment, and to physical examinations by doctors of its choosing to analyze its insured’s injuries.

You need an attorney who can guide you through the process and can file a claim quickly. An experienced car accident attorney will begin by meeting with you in a free consultation. Your lawyer will explain your rights and answer your questions.

A lawyer is important in these cases because your attorney will investigate the cause of the accident to find all liable parties. A thorough investigation may determine that there were multiple parties, and some of those defendants may be insured. An investigation can also yield evidence that is important for your case and can help establish the likely total costs of your injuries. This is important, because insurers may underestimate the total costs of your losses. Never forget: insurance companies work for the best interests of their shareholders, not for you. An experienced lawyer levels the playing field and ensures that there is someone seeking justice and fair compensation for you.

An attorney will also negotiate with insurance companies, file claims on your behalf, and even take your claim all the way to court, if that is what is needed to get you fair compensation. You can focus on healing and rebuilding your life.

Everything happens very quickly after a car accident, and deadlines for claims are very short. As soon as you are injured, always reach out to an experienced and caring car accident attorney who can look out for your best interests. It is important to consult with a lawyer before providing any statements or signing any paperwork, so you can protect your rights.

Contact The Law Office of Mark A. Siesel

If you or a loved one are injured in a car accident, motorcycle accident, truck accident, or bus accident, contact our office today for a free consultation. The Law Office of Mark A. Siesel was founded by Mark A. Siesel, a personal injury and car accident attorney who has more than 39 years of experience helping individuals like you. He is deeply committed to the local community and will work personally on your case from start to finish.

There are several things that make the team at The Law Office of Mark A. Siesel stand out. For one thing, we always answer emails and phone calls within 24 business hours, and often on the same day. We believe that when you are worried about your claim and your injuries, you shouldn’t be kept waiting. It’s just one of the ways we make sure to treat every individual who contacts us with respect.

In fact, our clients often become friends. Our founder has remained friends and has stayed in contact with clients he served years ago. Our clients appreciate the ways we help them rebuild and we love staying in touch to see how their lives evolve after a serious injury. We genuinely care about each person and each family we work with, and we want to see them thrive.

The Law Office of Mark A. Siesel is a boutique law firm. Our team is careful about the cases we take on, because we want to make sure we provide our full attention to each case. At the same time, we have the resources of a much larger firm, including a network of investigators, expert independent board certified medical consultants, vocational rehabilitation professionals, and others who can help us build a strong case.

Since 1986, our attorneys have been securing justice and compensation for injured individuals in Westchester County and across the state of New York. If you have been injured, reach out to our law firm for a free consultation. It costs you nothing and there is no obligation, so even if you are not sure you need an attorney there is no risk in discussing your case and what we can do for you with our team.