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The Uninsured/Underinsured Motorist Bill

Personal Injury AttorneyUnfortunately, not all drivers on the road comply with the mandatory liability insurance requirements that are imposed upon them by the state of New York. All too often, there are times when drivers who take to the streets are either uninsured or underinsured. However, New York’s lawmakers have passed a bill that will protect drivers from such negligent vehicle operators.

The SUM bill amends the current Insurance Law to shield policyholders and their loved ones from injuries that are incurred due to uninsured/underinsured negligent vehicle operators. More specifically, the SUM bill would make it mandatory that a driver’s supplemental uninsured/underinsured (SUM) coverage equals his or her liability coverage (except in cases where the driver declines additional coverage after being told about the benefits and minimal costs of the additional protection). As it stands today, the majority of drivers don’t even know that they can buy increased affordable SUM coverage.

How Can You Recover on an Uninsured/Underinsured Motorist Claim?

In order for an individual to recover on an uninsured motorist claim, the insurance company will have to make a finding that there was no insurance coverage for the driver (or the vehicle) who was at-fault at the time of the accident. That said, when an individual makes a claim under their uninsured motorist policy, he/she needs to provide the insurance company with “proof of physical contact” and medical proof that their injuries (or property damage) stemmed from such contact.

In order to recover on an underinsured motorist claim, your success will depend primarily on the amount and level of coverage that you have on your policy and the amount of insurance the at-fault driver is carrying. You should note that underinsured policy coverage is only triggered when an individual’s policy is greater than the at-fault driver’s policy and after the at-fault driver’s policy has been depleted.

If you or someone you love has been the victim of a personal injury or accident, please contact Gersowitz, Libo & Korek, P.C. personal injury lawyers serving injured victims in New York and New Jersey at 800-LAW-9997.

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