Underinsured Motorist Claim Lawyer Queens County

A Queens County driver injured by another motorist does not always recover full compensation even when the at-fault driver carries insurance. Many New York auto policies carry limited liability coverage, and those limits can fall far short of the medical bills, lost income, and pain and suffering that follow a serious collision. When the at-fault driver’s coverage is too low to pay for the claimant’s losses, the injured person may pursue an underinsured motorist claim, sometimes called a SUM claim, against their own automobile insurance policy. This type of claim differs from a standard liability claim because the claimant’s own insurer, not the at-fault driver’s insurer, becomes the party responsible for evaluating and paying the difference. Underinsured motorist claims involve their own procedural requirements, notice deadlines set by the policy, and often an arbitration process rather than a lawsuit filed in court. Because the claimant’s own insurer has a financial interest in minimizing the payout, these claims can become contested even when liability for the underlying accident is not in dispute. Law Offices Of SRIS, P.C. represents injured drivers, passengers, and pedestrians in Queens County who are pursuing underinsured motorist coverage after a motor vehicle collision left them with damages exceeding the at-fault driver’s policy limits. The firm reviews the applicable insurance policy, documents the full extent of the injury, and helps the claimant present a claim for the shortfall between the at-fault driver’s coverage and the actual damages sustained. For a review of an underinsured motorist situation, call (888) 437-7747.

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What Underinsured Motorist Claims Mean in Queens County

An underinsured motorist claim, often called a SUM claim (supplementary uninsured/underinsured motorist coverage), arises when the driver responsible for an accident carries a liability insurance policy, but the limits of that policy are not enough to cover the injured person’s medical expenses, lost earnings, and other losses. Rather than pursuing the underinsured driver personally for the shortfall, the claimant typically turns to their own automobile insurance policy, which by contract stands in the place of the underinsured driver for purposes of the extra coverage. In Queens County, an underinsured motorist claim commonly follows a rear-end collision, an intersection crash, or another motor vehicle accident where liability is reasonably clear but the at-fault party’s insurance is insufficient. Because the claim is filed against the claimant’s own insurer under the terms of that insurer’s policy, the process differs from an ordinary personal injury lawsuit. Many automobile policies route disputed underinsured motorist claims to arbitration rather than to a courtroom, meaning the dispute is often decided by a neutral arbitrator applying the terms of the insurance contract instead of a judge or jury. When a lawsuit or related proceeding does reach the courts, a Queens County matter may be heard at Queens County Supreme Court, located at 88-11 Sutphin Boulevard, Jamaica, NY 11435, in the 11th Judicial District. An underinsured motorist claim remains a personal injury claim for purposes of New York’s no-fault framework. Under N.Y. Ins. Law § 5104(a), a claimant generally must establish a “serious injury” as defined by N.Y. Ins. Law § 5102(d) before recovering for non-economic loss such as pain and suffering arising from a motor vehicle accident, and this threshold applies to underinsured motorist claims because they remain personal injury actions subject to Insurance Law article 51. Fault is also relevant. Under N.Y. C.P.L.R. § 1411(a), a claimant’s own culpable conduct generally reduces recoverable damages proportionally rather than barring the claim outright, but C.P.L.R. § 1411(b) provides that in personal injury actions subject to the no-fault article, a claimant found more at fault than the defendant is barred from recovery entirely. These rules apply to the underlying liability determination that underinsured motorist claims depend on.

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

Mr. Sris and the firm’s Of Counsel attorneys begin an underinsured motorist matter by reviewing the claimant’s own automobile insurance policy to confirm that SUM coverage applies and to identify the applicable coverage limits and notice deadlines. The team gathers police reports, medical records, wage documentation, and other evidence establishing both the at-fault driver’s liability and the extent of the claimant’s damages, since the claimant must still prove fault and injury even though the claim is directed at their own insurer. Because the at-fault driver’s insurance information is central to establishing that the driver is underinsured, the team works to confirm the limits of the at-fault driver’s policy early in the process. When the claim proceeds to arbitration under the terms of the insurance policy, Mr. Sris and the firm’s Of Counsel attorneys prepare the claimant’s position, including medical documentation and evidence of lost income, for presentation to the arbitrator. When a related court proceeding is necessary, matters arising in Queens County may be filed with Queens County Supreme Court. Throughout the process, the team communicates with the claimant’s insurer regarding the claim while advising the client on the applicable limitations period under N.Y. C.P.L.R. § 214(5), which generally requires a personal injury action to be commenced within three years of the date of injury, subject to tolling provisions and exceptions that can shorten or extend that period depending on the circumstances. The firm does not guarantee a particular outcome in any underinsured motorist claim. Mr. Sris and the firm’s Of Counsel attorneys work to present a complete and well-documented claim so that the claimant’s insurer has the information needed to evaluate the shortfall between the at-fault driver’s limits and the claimant’s actual damages.

About the Firm

The firm was founded in 1997 and has practiced personal injury law for more than two decades. Mr. Sris serves as Owner and Founder of the firm and previously worked as a prosecutor before establishing the practice. He attended George Mason University, where he developed a background in accounting and information systems. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and the firm’s Of Counsel attorneys handle personal injury matters, including underinsured motorist claims, for clients across the New York metropolitan area, including Queens County. The firm does not maintain a physical location in Queens County. Clients throughout the area can reach the firm by phone, and matters involving Queens County residents may proceed before Queens County Supreme Court when litigation becomes necessary. The firm’s intake line is staffed 24/7 so that a prospective client can begin the process of requesting a consultation. Mr. Sris and the firm’s Of Counsel attorneys bring a combined perspective to each matter, drawing on prosecutorial experience and years of civil practice representing injured claimants. The firm does not offer free consultations, and prospective clients are encouraged to call (888) 437-7747 to request or schedule a consultation regarding an underinsured motorist claim. Case results depend on a variety of factors unique to each matter, and the firm does not guarantee a particular outcome for any client.

Frequently Asked Questions

What is an underinsured motorist claim?

An underinsured motorist claim arises when the driver who caused your accident has liability insurance, but the policy limits are too low to cover your medical bills, lost income, and other losses. Rather than pursuing the at-fault driver personally for the difference, you typically file a claim against your own automobile insurance policy under its underinsured motorist or SUM coverage. Your own insurer then evaluates the claim and stands in the place of the underinsured driver for purposes of the additional coverage. You generally still need to establish that the other driver was at fault and that your injuries meet the requirements that apply to motor vehicle claims under New York law.

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

An underinsured motorist claim involves an at-fault driver who has insurance, but not enough coverage to pay for your full damages. An uninsured motorist claim involves an at-fault driver who has no insurance at all, including some hit-and-run situations where the responsible driver cannot be identified. Both types of claims are typically pursued against your own insurance policy rather than against the at-fault driver directly, since there is little or nothing to recover from that driver’s own coverage. The specific coverage available depends on the terms of your own automobile insurance policy.

How long do I have to pursue an underinsured motorist claim in New York?

Underinsured motorist claims are subject to notice deadlines set by your own insurance policy, which are often shorter than the deadlines that apply to a court lawsuit, so prompt action matters. Separately, a personal injury action in New York generally must be commenced within three years of the date of injury under N.Y. C.P.L.R. § 214(5). This general court deadline can be affected by tolling rules and exceptions depending on the facts of the case, and it does not replace any notice requirement in your own policy. You should not assume you have the full statutory period to satisfy your policy’s notice provisions.

Will my underinsured motorist claim go to court?

Many underinsured motorist claims are resolved through arbitration rather than a courtroom lawsuit, because most New York automobile insurance policies require disputes over this coverage to be arbitrated according to the policy’s own terms. An arbitrator reviews the evidence of fault and damages and decides the amount, if any, owed under the policy. If a related legal proceeding becomes necessary and the matter arises in Queens County, it may be handled through Queens County Supreme Court. Whether your matter proceeds through arbitration or another process depends on the language of your specific insurance policy.

Does New York’s fault rule affect my underinsured motorist claim?

Yes. Under N.Y. C.P.L.R. § 1411(a), your own culpable conduct generally reduces your recoverable damages proportionally rather than barring your claim entirely. However, C.P.L.R. § 1411(b) provides that in personal injury actions arising from motor vehicle accidents and subject to the no-fault law, a claimant found more at fault than the other driver is barred from recovery altogether. Because an underinsured motorist claim still requires proof of the at-fault driver’s fault, these comparative fault rules can directly affect the amount, if any, that your own insurer is required to pay.

Do I need to prove a “serious injury” for an underinsured motorist claim?

Generally, yes. An underinsured motorist claim remains a personal injury claim subject to New York’s no-fault insurance law. Under N.Y. Ins. Law § 5104(a), recovery for pain and suffering and other non-economic loss arising from a motor vehicle accident is generally limited to cases involving a “serious injury” as defined in N.Y. Ins. Law § 5102(d), which lists eight specific categories, including fracture, permanent loss of use, and significant limitation of use, among others. Your claim will typically need to satisfy this threshold in addition to establishing that the at-fault driver’s coverage is insufficient.

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.

Attorney advertising. Prior results do not guarantee a similar outcome.

For the background behind a Queens claim, our page explains how New York handles underinsured motorist claim claims.