Underinsured Motorist Claim Lawyer New York

Not every at-fault driver carries enough insurance to cover a serious injury. Sometimes the driver who caused the crash has a policy, but the limits on that policy are exhausted well before they cover the medical bills, lost income, and pain and suffering the injured person actually experienced. New York addresses this gap through supplementary uninsured/underinsured motorist coverage, commonly called SUM coverage, which is generally built into an insured driver’s own auto policy. Law Offices Of SRIS, P.C. reviews underinsured motorist claims for New York residents whose injuries exceed what the at-fault driver’s insurance can pay.

An underinsured motorist claim is different from a claim against the at-fault driver directly, because it is a claim made against your own insurer under your own policy, even though it arises from someone else’s negligence. That distinction affects the process, the deadlines, and the way the claim is typically resolved, often through arbitration rather than a lawsuit against the other driver.

If the at-fault driver’s insurance was not enough to cover your injuries in a New York accident, Mr. Sris and the firm’s Of Counsel attorneys can review your policy and the claim. Call (888) 437-7747 to discuss your coverage.

What an Underinsured Motorist Claim Means in New York

An underinsured motorist, or UIM, claim arises when the driver who caused an accident has liability insurance, but the available policy limits are not enough to fully compensate the injured person’s damages. In that situation, an injured person with SUM coverage on their own auto policy may be able to pursue the difference between what the at-fault driver’s insurer pays and what the injury is actually worth, up to the limits of the claimant’s own SUM coverage. This is distinct from an uninsured motorist claim, where the at-fault driver has no insurance at all.

Because a SUM claim is made against your own insurer, it is generally treated as a contractual claim under the terms of the policy rather than a standard tort claim against the at-fault driver, and many New York auto policies route these disputes to arbitration rather than to court. As with any motor-vehicle injury claim in New York, the underlying injury generally must still meet the no-fault serious-injury threshold defined in N.Y. Ins. Law § 5102 before pain and suffering damages become available, since the SUM claim is measured against what the injured person could have recovered from the underinsured driver directly.

Because SUM claims proceed under the specific language of the policy and, where applicable, an insurer-specific claims and arbitration process, the exact procedural deadlines and requirements can vary by policy rather than being set by a single uniform statute. Anyone considering a SUM claim should have their own policy reviewed early, since policy-specific notice requirements can be shorter than the general personal injury limitations period and missing them can affect the claim.

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

Mr. Sris and the firm’s Of Counsel attorneys begin an underinsured motorist case by reviewing the client’s own auto insurance policy to confirm what SUM coverage is available and what procedural steps the policy requires, including notice deadlines that can differ from policy to policy. The firm also works to confirm the at-fault driver’s policy limits, since the value of the SUM claim depends on the gap between those limits and the injured person’s actual damages.

Because SUM claims are frequently resolved through arbitration rather than litigation, the firm prepares the medical and damages record with that process in mind, documenting the injury against the no-fault serious-injury threshold and building a clear presentation of the losses involved, including medical expenses, lost income, and pain and suffering.

The firm coordinates directly with the client’s own insurer throughout the claim, tracks all policy-specific and statutory deadlines, and keeps the client informed as the claim moves toward resolution. The intake line is staffed for 24/7 phone intake so a person who has learned the at-fault driver’s coverage is insufficient can begin the review process without delay.

About the Firm

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Since founding the firm in 1997, Mr. Sris and the firm’s Of Counsel attorneys have handled motor-vehicle injury claims, including underinsured motorist claims made against a client’s own auto insurer. Mr. Sris’s background in accounting and information systems from George Mason University has been applied to cases requiring detailed review of insurance policy language and coverage calculations.

The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C. Mr. Sris and the firm’s Of Counsel attorneys evaluate each underinsured motorist matter individually, reviewing the client’s policy, the at-fault driver’s available coverage, and the medical evidence needed to support the claim.

Frequently Asked Questions

What is the difference between underinsured and uninsured motorist coverage?

Underinsured motorist coverage applies when the at-fault driver has insurance, but the policy limits are not enough to cover the full extent of the injured person’s damages. Uninsured motorist coverage applies when the at-fault driver has no insurance at all. Both types of coverage are typically available through supplementary uninsured/underinsured motorist, or SUM, coverage on the injured person’s own auto policy.

Do I have SUM coverage on my auto policy?

Many New York auto insurance policies include SUM coverage, but the specific limits and terms vary by policy and insurer. Reviewing your declarations page and policy language, or having it reviewed, is the most reliable way to confirm what coverage you have and what limits apply.

How is a SUM claim different from suing the at-fault driver?

A SUM claim is made against your own insurer under the terms of your own policy, rather than as a lawsuit against the at-fault driver directly. Because it is a contractual claim, many policies require these disputes to be resolved through arbitration rather than through a court proceeding, and the specific process depends on the policy language.

Does my injury still need to meet the no-fault threshold for a SUM claim?

Generally, yes. Because a SUM claim is measured against what the injured person could have recovered from the underinsured driver directly, the injury still needs to meet New York’s serious-injury threshold under N.Y. Ins. Law § 5102 before pain and suffering damages become part of the claim.

Is there a deadline to file a SUM claim?

SUM claims are governed largely by the terms of the specific insurance policy, and notice or filing deadlines can be set by the policy rather than by a single uniform statute, and can be shorter than deadlines that apply to other personal injury claims. Because of this, anyone considering a SUM claim should have their policy and the relevant timeline reviewed as early as possible.

Can I pursue a SUM claim and a claim against the at-fault driver at the same time?

In many cases, an injured person first pursues the at-fault driver’s available liability coverage and then turns to their own SUM coverage for the remaining gap once the at-fault driver’s limits are known or exhausted. How these claims interact depends on the specific policy terms and the facts of the case.

Related Pages

• Uninsured Motorist Claim Lawyer New York
• Car Accident Lawyer New York
• Truck Accident Lawyer New York
• What Is Comparative Negligence in New York

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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An underinsured motorist claim claim is one part of motor vehicle accidents work, and our page on car accident lawyer New York covers the wider process.