One of my prior clients, Jorge, was involved in a car accident at an intersection where another vehicle, attempting to turn left, failed to properly signal and yield the right of way to Jorge, who was driving straight. The resulting impact was significant, and Jorge was injured. The situation became complex because the driver who hit Jorge didn’t have enough insurance to fully compensate him for his injuries. Fortunately, Jorge had an additional layer of insurance called supplemental underinsured motorist coverage under his own policy.
We first pursued a claim against the at-fault driver and secured every penny available under that driver’s policy. Then, we turned to Jorge’s own insurance and made a claim under the supplemental underinsured motorist coverage. We had to go to arbitration to get the full amount awarded by a third-party neutral arbitrator, as Jorge’s insurance company was reluctant to pay what he deserved.
In New York, the minimum insurance policy to drive is $25,000, and often, if you’re in an accident with a driver who doesn’t have enough insurance, you may be out of luck if that’s all the coverage available and your injuries are severe. In Jorge’s case, that additional layer of coverage protected him. My advice to all clients is to review your policy, specifically the supplemental underinsured coverage, and ensure it’s the highest amount you can comfortably afford.
