Following most Buffalo motor vehicle accidents where an injury occurs, a personal injury lawyer initially deals with the defendant’s auto insurance company when pursuing the case.
Defendants who have no insurance pose a problem in personal injury cases because they usually have little else in the way of personal assets, and in the absence of insurance, there is no way the injured person can obtain fair compensation for his or her injuries.
Because of this situation, New York State requires auto insurance company’s to provide a minimum of $25,000 in uninsured motor vehicle coverage. This coverage applies when the insured vehicle is struck by an uninsured vehicle and someone in the insured vehicle suffers a personal injury.
In addition to this minimum uninsured coverage, auto insurers are required to offer drivers the option of purchasing Supplementary Uninsured/Underinsured Motorist (SUM) insurance. SUM insurance provides additional coverage above and beyond the $25,000 minimum and may apply not only to uninsured vehicles, but also when a personal injury is caused by a driver who carries less bodily injury insurance coverage than the amount of SUM coverage.
For example, if a defendant has $25,000 in bodily injury coverage and an injured person carries $100,000 in SUM coverage, the injured person may be able to collect not only the $25,000 from the defendant’s insurance, but also all or part of the difference between the bodily injury and the SUM coverage (an additional $75,000).
It is a good idea to purchase additional SUM coverage with your auto insurance. It provides you with additional protection from drivers who choose to carry little or no insurance.
Understanding how insurance works is an important part of almost any personal injury case. If you have suffered a personal injury, we can help you at 716-631-9999.
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