Underinsured Motorist Claim Lawyer Brooklyn

Being hit by a driver who carries insurance does not always mean full compensation is available. When the at-fault driver’s liability coverage is too low to cover the injuries caused, an injured person in Brooklyn may need to turn to their own auto policy’s supplementary underinsured motorist coverage, often called SUM coverage, to recover the difference. This is a distinct process from an ordinary third-party claim against the at-fault driver’s insurer, and it comes with its own procedural steps. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., reviews underinsured motorist claims for individuals throughout Kings County.

Because a SUM claim is generally pursued against a person’s own insurance company under the terms of their own policy, and because policies typically set out specific notice and procedural requirements that differ from company to company, reviewing the policy promptly after a crash is important. Individuals dealing with an underinsured driver in Brooklyn can call (888) 437-7747 to schedule a consultation with the firm.

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What an Underinsured Motorist Claim Means in Brooklyn

An underinsured motorist claim, or SUM claim, arises when the at-fault driver has liability insurance, but the available limits are not enough to fully compensate the injured person for the damages caused. In that situation, the injured person’s own auto insurance policy may provide supplementary coverage to make up some or all of the difference, subject to the terms, conditions, and limits of that policy. This differs from an uninsured motorist claim, which applies when the at-fault driver has no insurance at all rather than insufficient insurance.

Because a SUM claim proceeds under the injured person’s own insurance contract rather than as an ordinary personal injury lawsuit against a third party, it is often resolved through arbitration or another dispute process specified in the policy rather than through a standard court filing, and the notice and procedural deadlines involved are set by the specific policy language rather than by a single statewide statute. As with any motor-vehicle personal injury claim, the underlying injury must generally still meet New York’s no-fault “serious injury” threshold, defined by eight statutory categories under N.Y. Ins. Law § 5102(d), before non-economic damages such as pain and suffering can be pursued through the SUM process.

Because policy-specific notice and procedural requirements can be strict and can differ meaningfully from one insurance company’s policy to another, there is no single statewide filing deadline that applies uniformly to every SUM claim; the applicable timeline should be confirmed by reviewing the specific policy with counsel as soon as possible after a crash involving an underinsured driver. Where litigation becomes necessary in connection with a SUM dispute involving a Kings County claimant, the matter may be addressed in Kings County Supreme Court, located at 360 Adams Street, Brooklyn, New York 11201, in the Second Judicial District.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Underinsured Motorist Claims

Mr. Sris and the firm’s Of Counsel attorneys begin by identifying the at-fault driver’s available liability coverage and comparing it against the full extent of the client’s damages to determine whether a SUM claim is warranted. The firm then reviews the client’s own auto policy closely, since SUM coverage terms, including notice requirements and any arbitration provisions, are set by the specific policy language.

Because a SUM claim is pursued against the client’s own insurer, the firm prepares the claim with the same thoroughness as a claim against an adverse party, documenting the full extent of the injury, treatment, and any lost income, since the client’s own insurer is still an adverse party for purposes of a SUM dispute despite the underlying policy relationship. The firm also verifies that the at-fault driver’s coverage has been fully explored before pursuing SUM coverage, since SUM benefits are generally intended to supplement, not replace, the amount recoverable from the at-fault driver.

When an insurer disputes the value of a SUM claim or the applicability of coverage, Mr. Sris and the firm’s Of Counsel attorneys pursue the dispute through the process specified in the policy, which may include arbitration, and prepare for court involvement in Kings County Supreme Court where appropriate for Brooklyn-connected claims. The firm does not guarantee a particular outcome; the specific policy terms and the extent of the documented injury shape how each SUM claim proceeds.

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

Mr. Sris founded the firm in 1997 after serving as a former prosecutor, work that involved close, careful reading of governing documents, a skill applied directly to SUM claims where the specific policy language controls the process. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and the firm’s Of Counsel attorneys, who contract directly with the firm, bring further experience handling first-party insurance disputes.

Mr. Sris studied accounting and information systems at George Mason University, a background applied directly to reviewing insurance policy documentation and coverage calculations relevant to a SUM claim. The firm does not offer free consultations. Mr. Sris and the firm’s Of Counsel attorneys evaluate each underinsured motorist matter individually, based on the specific policy terms and the extent of the injury involved.

The firm’s intake line is staffed 24/7 for individuals dealing with an underinsured driver in Brooklyn. The firm’s principal office is located in Fairfax, Virginia, and meetings on New York matters are arranged by appointment. Prospective clients can call (888) 437-7747 to discuss a potential SUM claim as soon as possible after a crash.

Frequently Asked Questions

What is the difference between a SUM claim and an ordinary car accident claim?

An ordinary claim is pursued against the at-fault driver’s own liability insurer. A SUM claim is pursued against the injured person’s own insurance company when the at-fault driver’s coverage is not enough to fully compensate for the injury, and it proceeds under the terms of the injured person’s own policy rather than as a standard third-party lawsuit.

Do I have to prove I met New York’s serious injury threshold for a SUM claim?

Generally yes. Because a SUM claim addresses the same type of underlying motor-vehicle personal injury, the injury generally must still meet the no-fault “serious injury” threshold under N.Y. Ins. Law § 5102(d) before non-economic damages can be recovered.

How is a SUM dispute resolved if my insurer disagrees with my claim?

Many auto policies specify an arbitration process for resolving SUM disputes, though the specific process depends on the policy. Reviewing the policy’s terms is an important step in understanding how a particular dispute will be handled.

Is there a deadline for pursuing a SUM claim?

Deadlines for SUM claims are generally set by the specific insurance policy rather than by a single uniform statewide statute, and they can vary from policy to policy. Because of this, the applicable timeline should be confirmed by reviewing the specific policy with counsel promptly after a crash.

Can a SUM claim involve Kings County Supreme Court?

Where a SUM dispute requires court involvement rather than resolution through the policy’s own process, a matter connected to a Kings County claimant may be addressed in Kings County Supreme Court, located at 360 Adams Street, Brooklyn, New York 11201, in the Second Judicial District.

The same rules apply outside Brooklyn, and our page on underinsured motorist claim claims across New York walks through each stage.