Underinsured Motorist Claim Lawyer Bronx County

Carrying auto insurance does not always mean carrying enough of it. When a Bronx County driver is seriously injured by another motorist whose liability coverage is too low to fully compensate for the harm caused, the injured driver’s own policy may provide a path to additional recovery through supplementary underinsured motorist, or SUM, coverage. This type of claim is distinct from a claim against an uninsured driver with no coverage at all, since it involves comparing the at-fault driver’s available limits against the value of the claim and against the injured person’s own SUM coverage.

Law Offices Of SRIS, P.C. reviews underinsured motorist claims involving Bronx County drivers and passengers. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys work to evaluate the at-fault driver’s available coverage, the client’s own SUM policy terms, and the procedural steps required to pursue a SUM claim. The firm’s intake line is staffed 24/7 at (888) 437-7747.

On this page

What an Underinsured Motorist Claim Means in Bronx County

An underinsured motorist, or SUM, claim arises when the at-fault driver in a collision carries liability insurance, but the available policy limits are insufficient to cover the full value of the injured person’s damages. In that situation, the injured person may be able to pursue the difference through their own auto policy’s SUM coverage, which functions similarly to a claim against the at-fault driver’s own insurer but proceeds against, or through, the injured person’s own carrier instead.

SUM coverage and the procedures for pursuing it, including arbitration requirements and notice deadlines, are primarily governed by the terms of the injured person’s own insurance policy rather than by a single statute addressed in this discussion, so the specific contractual deadlines and procedures applicable to a given SUM claim depend on the policy language itself and should be confirmed directly against that policy rather than assumed. Because a SUM claim typically requires evaluating the same underlying questions of fault and injury severity as a claim against the at-fault driver directly, principles such as New York’s no-fault serious injury threshold under N.Y. Ins. Law § 5102(d) and the modified comparative fault rule for motor vehicle personal injury cases under N.Y. C.P.L.R. § 1411(b) are frequently applied by the arbitrator or court resolving the underlying tort liability and damages questions in a SUM matter.

Because SUM claims proceed against, or through, the injured person’s own insurer, prompt notice to that insurer once it becomes apparent that the at-fault driver’s coverage is insufficient is generally important, and delay in providing notice can affect the claim depending on the specific policy terms involved.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle These Cases

Mr. Sris and the firm’s Of Counsel attorneys begin a SUM evaluation by determining the at-fault driver’s available liability coverage and comparing it against a realistic assessment of the claim’s value, since a SUM claim generally only becomes relevant once it is clear the at-fault driver’s coverage will not fully compensate the injury. The firm then reviews the client’s own auto policy to identify the SUM coverage available and the specific procedural steps, including any notice and arbitration demand requirements, that the policy requires.

The firm works to document the underlying liability and damages case just as it would in a claim against the at-fault driver directly, since the SUM insurer will evaluate the claim against many of the same standards, including the serious injury threshold under N.Y. Ins. Law § 5102(d) and New York’s comparative fault framework under N.Y. C.P.L.R. § 1411(b).

Mr. Sris and the firm’s Of Counsel attorneys communicate with clients about the contractual nature of SUM claims, emphasizing that the specific deadlines and procedures come from the client’s own policy rather than a single uniform statute, and they work to identify those requirements early so that a SUM claim is not compromised by a missed contractual deadline.

Meet Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background in accounting and information systems from George Mason University has been applied to complex financial and technology-related cases handled by the firm over more than two decades of practice, including matters requiring careful review of insurance policy language.

Mr. Sris and the firm’s Of Counsel attorneys practice in personal injury matters, including underinsured motorist claims arising in Bronx County and throughout New York. Of Counsel attorneys contract directly with the firm and bring additional experience to the firm’s personal injury practice. The firm does not offer free consultations; a person facing an underinsured-driver situation can request a scheduled consultation.

Because SUM claims are governed heavily by policy-specific terms, Mr. Sris and the firm’s Of Counsel attorneys prioritize obtaining and reviewing the applicable policy early in the evaluation process.

Frequently Asked Questions

How is an underinsured motorist claim different from an uninsured motorist claim?

An underinsured motorist, or SUM, claim applies when the at-fault driver has liability insurance, but the available limits are too low to cover the full value of the injury. An uninsured motorist claim applies when the at-fault driver has no liability insurance at all. Both types of claims are typically pursued through the injured person’s own auto policy, but they are triggered by different circumstances.

Do I need to know the at-fault driver’s exact policy limits before pursuing a SUM claim?

Generally, yes, since a SUM claim depends on comparing the at-fault driver’s available coverage against the value of the injury claim. This information is typically obtained during the claims process, and it is an important early step in determining whether SUM coverage will come into play.

What deadlines apply to a SUM claim?

SUM claims are governed primarily by the terms of the injured person’s own insurance policy, including any notice and arbitration demand requirements set out in that policy, rather than by a single statute addressed here. Because these deadlines can be strict and policy-specific, they should be confirmed directly against the applicable policy as early as possible.

Does New York’s comparative fault rule apply to a SUM claim?

The underlying questions of fault and injury severity in a SUM claim are frequently evaluated using the same standards that would apply in a claim against the at-fault driver directly, including the modified comparative fault rule for motor vehicle personal injury cases under N.Y. C.P.L.R. § 1411(b) and the serious injury threshold under N.Y. Ins. Law § 5102(d).

Can I pursue a SUM claim while also pursuing a claim against the at-fault driver?

In many situations, a SUM claim is pursued after, or alongside, resolving the claim against the at-fault driver’s own insurer, since the SUM claim generally addresses the gap between the at-fault driver’s available coverage and the value of the injury. The specific sequencing depends on the facts and the applicable policy terms.

If you want to see how a Bronx claim fits into the wider process, our page on underinsured motorist claim lawyer New York covers it from start to finish.