Frequently Asked Questions — No-Fault Insurance

Representing the Injured in New York

No-Fault Insurance

What is No-Fault insurance?
How do I apply?
Receiving Benefits
Do I need an attorney for No-Fault ?

Other Insurance Issues

What coverage should I have on my automobile insurance policy?
New York Disability
Social Security Disability
Supplemental Underinsured/Uninsured Motorist

What is No-Fault insurance?

New York is a No-Fault insurance state. What this means is that certain expenses are covered by the insurance of the car you are in when the auto accident occured, whether you were the driver or the passenger, or by the insurance of the car that hit you if you were a pedestrian or bicyclist. If the car you were in or the one that hit you as a pedestrian or as a bicyclist does not have insurance but you do or a family member in your household does, then that becomes the No-Fault insurance carrier. You are entitled to No-Fault benefits regardless of fault. This portion of your insurance coverage, also called Personal Injury Protection (PIP), is established under the New York state insurance law.

The insurance law and its various regulations mandate that all New York state auto insurance policies come standard with a No-Fault limit of $50,000 per person. Thus, the expenses listed below will be covered up to an aggregate maximum of $50,000. Although this may seem like a lot of money, considering that medical bills for a serious New York auto accident injury can easily exceed this amount within days following an accident, $50,000 may prove to be inadequate. Supplemental No-Fault insurance is available for a relatively low cost to the consumer. Although this may still prove inadequate for the more serious injuries, it is nonetheless another layer of protection for you and your family. Ask your insurance agent about this coverage.

Coverage provided by No-Fault includes the following *:

All doctor, hospital, and other health service expenses, such as X-rays, prescriptions, braces, or crutches that are medically necessary and related to the motor vehicle accident
80% of your lost earnings or up to $2,000 per month, whichever is less, for up to three years
Up to $25 per day for other related expenses such as the cost of hiring a housekeeper for housework that you are unable to do or mileage to and from the doctor
Death benefits of $2,000
Depending upon the specific coverage you have, additional benefits may be owed to you.

* These are the minimum coverages. Some policies can have significantly higher benefits.

Your No-Fault benefits generally cover the following people:

You and any family member living with you. Benefits may cover any injury arising out of any auto accident, even when it doesn't involve your car.
Any person injured while in your vehicle or any pedestrian injured when the injury arises out of the use or operation of your vehicle.
Any injured New York resident located outside of New York when the injury arises out of the use or operation of your vehicle.

If you find yourself in a New York auto accident, contact your insurance company immediately (pursuant to your contract) to preserve your rights to No-Fault benefits.

There are situations where you may not be entitled to No-Fault benefits under the applicable insurance policy. These include the following circumstances:

When the policy is not in effect.
For any person occupying a motorcycle. (Other insurance may apply. Ask your agent if you plan on owning a motorcycle.)
If you intentionally cause your injury.
If you are operating a vehicle while committing a felony, while intoxicated, while racing, or operating a stolen vehicle.
If you are in the course of servicing or repairing the insured vehicle.
If you are struck by a motorcycle as a pedestrian.

In some of these and other situations, although your No-Fault benefits would not apply, there may be other benefits you are entitled to, such as New York workers' compensation, NY Disability, or Social Security Disability (SSD). Also, these are general exclusions and there may be limited circumstances when your No-Fault benefits still do apply. Further understand that this is only a partial list of exclusions. Your insurance policy will list additional and more detailed exclusions. If you find yourself in an auto accident and any of these situations apply, you should contact a New York injury lawyer experienced in auto accident law by filling out a Free Online Contact Request Form or by calling 1-800-7-MATTAR to let us help you determine what No-Fault or other benefits you may be entitled to.

While receiving No-Fault benefits, you are required to cooperate with your No-Fault carrier. Do not refuse to sign medical or employment authorizations. Do not refuse to submit to a medical examination at the request of your No-Fault carrier. (If you are receiving No-Fault benefits from another person's policy, make sure the documents you are signing are for No-Fault benefits ONLY - see below). You are always free to contact a personal injury lawyer at the William Mattar Law Firm, with New York lawyers experienced in auto accident (car accident) law for advice if any concerns arise or if you believe that the No-Fault insurance company’s requests are unreasonable. HOWEVER, FAILURE TO COOPERATE WILL ALMOST CERTAINLY RESULT IN THE TERMINATION OF NO-FAULT BENEFITS.

Important note: Sometimes, a situation will occur where you are covered by another driver's No-Fault insurance. In some instances, you may also have a valid personal injury claim against that driver. That claim would be under the driver's liability coverage. No-Fault coverage and liability coverage are distinct and separate coverages. You would be well advised not to sign anything with respect to another person's liability insurance without first speaking to an attorney. If you don't know if the paper is in regards to No-Fault coverage or liability coverage, ask the person who is requesting you to sign the document. If you are still not confident, then you should speak with a New York lawyer experienced in auto accident law from the William Mattar Law Firm before signing. By signing documents with respect to someone else's liability coverage, you could be unwittingly giving up your rights to bring a New York personal injury claim against the other person who caused your serious injuries.

If you have any questions about the above information or any other aspect of No-Fault insurance, fill out a Free Online Contact Form or call 1-800-7-MATTAR to speak with a New York lawyer experienced in auto injury (car accident) law who will be happy to assist you.
[return to top]

How do I apply?

In order to be eligible for these benefits, your No-Fault benefit application should be filed as soon as possible, but no later than THIRTY (30) DAYS from the date of the accident for most policies. Under certain circumstances an insurance policy may give you additional time or you may be able to apply late. However, in order to fully protect your rights, we strongly recommend that you file your No-Fault application well within 30 days of the date of the accident. If you have missed the time limit to file for benefits, you should contact us at 1-800-7-MATTAR and we will try to help.

To apply for No-Fault benefits, you must first contact the appropriate representative at the No-Fault insurance company. In general, the No-Fault insurance company will be the insurance company for the vehicle that you were in or the vehicle that hit you if you were a pedestrian or bicyclist. If you were in someone else's vehicle or were a pedestrian or bicyclist, then you may also be entitled to additional benefits from your own household’s No-Fault insurance policy. See the chart below for a quick reference to determine what would be the primary No-Fault insurance coverage to notify.

Determining Primary No-Fault Company to Notify
Select if you are a driver, passenger, pedestrian, or bicyclist and then follow the chart from left to right. The first "X" you come to where that insurance is in effect should be your primary No-Fault insurance.

	Car you are in	Car that hit you	Your insurance	Insurance of family member you live with	MVIAC
Driver	X		X	X
Passenger	X		X	X	X
Pedestrian		X	X	X	X
Bicyclist		X	X	X	X

NOTE: If this primary insurance is not yours or that of a family member who lives with you, you should still make a claim with your or the family member’s insurance company, as that policy may provide excess or additional No-Fault insurance benefits.

The above chart is a general guide for a New York motor vehicle accident. If an accident occurs outside of New York state, other rules may apply. It is also important to remember that once the No-Fault insurance company(s) is placed on notice, you must still fill out and file the appropriate applications and supporting documents. A New York state disability application will also likely need to be filed in order to receive all the lost wage benefits that you may be entitled to.

When placing your insurance company on notice for a claim, most people assume that they should contact the insurance agent who sold them the policy. This is usually not the case. While a good agent will forward your claim to the appropriate person or department at your insurance company, you should not assume that this will happen. Read your policy carefully and ask your agent if there is anyone else you need to contact or place on notice. In general, you must notify the No-Fault insurance company directly and any telephone call placing a company on notice should be immediately followed up with a letter. Most insurance policies require that any notice to the insurance company be done so in writing.

Once you inform the appropriate insurance company(s) of your No-Fault claim(s), you will then receive a No-Fault application. There are typically two forms that come with your No-Fault application packet. The first is the No-Fault application itself, which is to be completely filled out and signed by you, the injured party. The second form is a disability form, and is usually on yellow paper. Part A or 1 of this form is to be completed by you. You are to then take the form to your doctor, and your doctor will complete Part B or 2. The disability application must then be returned to your employer to complete and to forward to its disability insurance company. You should maintain copies for your records.

If you have not received this application within one week of contacting your insurance company, call again. A letter should also be sent to protect your rights. You can also CLICK HERE for a No-Fault application.

The No-Fault application for a New York auto accident is a relatively easy document to fill out. Even for someone not familiar with the document, it can generally be completed in a short period of time. However, when filling out your application, please be aware of the following:

Be informative but brief. If someone rear-ended your vehicle while you were stopped at a traffic light, say that. Don't try to speculate why the person rear-ended you or what you could have done.
Now is not the time to play doctor (even if you are one). Don't try to explain why you are injured. If your back hurts, simply write that your back hurts. Your No-Fault carrier will eventually obtain copies of your medical records that will explain your injury. You should list all places on your body that were injured in the accident even if minor.
The application asks if there are other expenses that you incurred. This can include over-the-counter medication, bandages or other medical supplies, and transportation costs to and from your medical provider(s). If you are unsure if something should be included and it is an expense related to your accident then put it down. One thing is clear: If you don't ask for some of the authorized expenses to be reimbursed, they will not be.

Before you send in the completed No-Fault application, you should make sure that you make a copy of it for yourself. Be sure to contact a New York lawyer experienced in auto accident (car accident) law at the William Mattar Law Firm if you have any questions regarding your No-Fault application. 1-800-7-MATTAR. Hurt in a car, call William Mattar. Get the legal advise you need, when you need it. Call 24 hours, 7 days a week. If you are injured or hurt after an accident and have questions, then you should call us right now so that we can help.

[return to top]

Receiving Benefits

Once you file your No-Fault application, your work does not end. While receiving No-Fault benefits, you are generally required to cooperate with your No-Fault carrier. Do not refuse to sign medical or employment authorizations. Do not refuse to submit to a reasonable medical examination at the request of your No-Fault carrier. You are always free to contact William Mattar, a New York lawyer experienced in auto accident law, if any concerns arise – we recommend that you do. HOWEVER, FAILURE TO COOPERATE WILL ALMOST CERTAINLY RESULT IN THE TERMINATION OF NO-FAULT BENEFITS. If you believe that a request is overreaching or inappropriate, be sure to contact the William Mattar Law Firm with New York lawyers experienced in auto accident law and discuss the situation with them. Car accidents in New York state can be complex, so get the help you need. Call 1-800-7-MATTAR. Injured in a serious car accident, William Mattar can help.

Medical Bills: To get medical bills paid, you must inform your medical provider that you are covered by No-Fault insurance and you must supply the medical provider with the required insurance information, usually the claim number, the insurance company, and its address and telephone numbers. Most medical providers will submit their bills directly to the No-Fault insurance company once they have its claim number and contact information. However, occasionally you may receive a bill from the medical provider for services as a result of the motor vehicle accident. Do not pay this bill. Rather, you should immediately forward the bill to your No-Fault insurance company. You should send it with a cover letter indicating your name, the date of the accident, and claim number. You should also make a copy of everything you send out for your records. Medical bills and costs should be mailed to the No-Fault insurance company(s) as soon as possible but no later than 45 days from the date of service or expense.

There can be other medical costs that are incurred that you must pay for upfront. These can include prescription and over-the-counter drugs and medical supplies. You are entitled to reimbursement for these expenses. To receive the reimbursement, you must timely submit the bills/receipts to your No-Fault carrier. As with medical provider bills, you should send these bills with a cover letter indicating your name, the date of the accident, and your claim number and make a copy of everything that you send for your records. Submit these expenses for reimbursement as soon as possible but no later than 45 days from the date of the expense. The lawyers at the William Mattar Law Firm understand when you have been injured in a car accident that the No-Fault rules can sometimes be confusing. After a car accident we are ready to help.

Lost Wages: The insurance company will not pay any lost wages without verification of a disability from your doctor and verification of your employment from your employer. Your insurance company will typically contact both your doctor and employer for this information after receiving your No-Fault Application. However, you should always follow up with the insurance company, your doctor, and your employer to ensure these steps are being taken.

Additionally, the No-Fault carrier will require frequent updates from your doctor and employer, if such coverage is available. Usually these updates are required once per month in order to continue paying lost wage benefits. Again, you should follow up with this. Any delay in the No-Fault carrier receiving the necessary information will cause a delay in you receiving your benefits.

Your No-Fault carrier will also require that you apply for New York state disability benefits, if available, through your New York employer. The No-Fault insurance carrier will usually provide you with a copy of the New York state disability benefits application when they send you their No-Fault application packet. A reasonable time is given to you to apply for any disability benefits, and then if the disability benefits are not applied for (there are time deadlines), the No-Fault carrier will begin to take an offset against the disability benefits with respect to lost wages. If you apply for disability and are denied, you must present proof of the denial to your No-Fault insurance carrier in order to prevent the disability offset. For more information about New York state disability benefits, CLICK HERE. The sooner you apply for disability benefits after a car crash, the better, so don’t delay. If you have been injured in a car accident and have questions on disability, you can call us at 1-800-7-MATTAR for help.

Related Expenses: Some nonmedical expenses may also be incurred due to the injuries you suffered in the automobile accident. These expenses can include travel to and from medical appointments, housekeeping services, or lawn services. With respect to travel expenses, you must either keep a mileage log (CLICK HERE for a sample mileage log form or you canrequest this type of form from your No-Fault carrier) or provide proof of travel expense (such as a taxi receipt). With respect to housekeeping, lawn services, or other expenses, you must obtain verification from your doctor indicating that these services are necessary due to your medical condition resulting from the car crash, along with proof of payment of such service.

For other expenses, not specified above, you should contact your No-Fault carrier to see if the expense can be covered. However, if you incurred an expense related to the car accident and you are not sure if it should be covered, it is best to submit the bill or expense to your No-Fault carrier to see if they will pay.

All expenses should be submitted as soon as possible, but must be received by the insurance company no later then 45 days from the occurrence of the expense. Otherwise, the insurance company may deny them. When you are hurt after a car accident these short deadlines to submit documents can seem to go by quickly. So, as soon as you have an expense related to the auto accident, you should submit it for reimbursement. In addition, you should maintain copies of all such expenses and should submit a copy of same to your attorney working on any injury claim as a result of the accident.
[return to top]

Do I need an attorney for No-Fault ?

Filing for No-Fault benefits can be confusing. The insurance company that you need to apply to for benefits may not be the company that you expect. If you don't file for benefits with the right No-Fault insurance company in time, you may lose your benefits. No Fault benefits may have conditions or restrictions. The William Mattar Law Firm has found that once a person is given initial guidance as to where to file for benefits and an explanation as to how No-Fault benefits work, that the individual is then able to effectively handle the rest of the No-Fault insurance benefit claim. We understand that after a serious accident or crash with injuries, that you may need some help and guidance, so feel free to call us at 1-800-7-MATTAR.

Free Consultation Available
If you’ve been injured in New York state, contact the William Mattar Law Firm, with lawyers who focus on car injury accidents (auto injury). This includes car collisions that involve crashes or accidents with another car, bus, truck, bicycle, pedestrian, or motorcycle. The attorneys at the William Mattar Law Firm have advocated for hurt and injured clients across New York state. Our attorneys are ready to help those in a car crash or injury accident. We service the Buffalo, Rochester, Syracuse, Albany, Binghamton, Corning, Elmira, Lockport, Niagara Falls, Plattsburgh, Schenectady, Troy, Utica, Watertown, and surrounding areas. Our lawyers who focus on car accident injury cases are available now. Fill out a Free Online Contact Form or better yet, call us at 1-800-7-MATTAR or 1-800-317-2424 for a free accident consultation today! Call us anytime, 24 hours a day, 7 days a week. We are on call right now. We have multiple locations in New York state to better serve you. Do not worry where you are located. After a serious accident or collision, we may be able to come to your home or hospital. Call us right now, we are ready to help. After an accident, common questions for our lawyers (attorneys) concern injuries, car accident insurance coverage, No-Fault, accident reports, MV-104 Forms, collision coverage, disability, lost wages, and medical bills.
[return to top]

What coverage should I have on my automobile insurance policy?

There are two common purposes to having automobile insurance. The first is to protect your assets and the second is to protect you and your family from the consequences of being injured. Most people recognize the first, but many fail to recognize the importance of the latter. The following is meant to guide you and assist you in deciding what type of automobile insurance you need. This however, is not meant to be a substitute for the advice of a car insurance professional who knows your full situation.

Before an accident or crash that may involve a car, truck, bicycle, pedestrian, or motorcycle and can result in serious injuries, it is best to understand and review your insurance coverage.

Liability Insurance: Liability insurance covers you should a claim be brought against you. As a general rule, you should have as much liability insurance as you can possibly afford! We believe that no one should have less than $100,000, but significantly more is better. The reason for this is twofold: First, and most obvious, is that the more liability insurance you have, the less likely your personal assets will be at risk. Second, and perhaps more importantly, your maximum SUM/UM limits are affected by your policy’s liability limits. See below for an explanation of SUM/UM coverage. If you seriously injure someone in a car crash, you want as much liability insurance as possible already in place.
SUM/UM: This stands from Supplemental Uninsured Motorist Coverage/Uninsured Motorist Coverage. This coverage is used when the insurance on the vehicle that caused the accident does not have insurance or does not have enough insurance coverage to compensate you for your injuries. This insurance provides coverage above the defendant's liability limits if your SUM/UM limits are higher than an applicable liability policy. This can make a tremendous difference for those who are seriously injured. We have handled many cases involving serious injuries where parties involved were not adequately insured or failed to have adequate insurance. Often, the human tragedy of a seriously injured person is compounded by the lack of adequate compensation and the financial ruin that results from having inadequate insurance coverage. If you were injured in an accident that was someone else's fault and their driver's insurance is not great enough to cover your injuries, then SUM/UM insurance coverage may allow you to be fully compensated. If you are seriously injured in a car accident (involving a truck, car, pedestrian, bicyclist, or motorcycle) then you want as much coverage as you can get.
Excess No-Fault: This can do two things. First it is a way to increase your No-Fault coverage beyond the standard $50,000 cap. Maybe more importantly, it also can increase your lost wage compensation above the $2,000 per month maximum. By purchasing excess No-Fault coverage you can significantly increase medical and lost wage coverage. Everyone should consider this coverage. But if you make more than $2,000 per month, you should have excess No-Fault coverage. When hurt or seriously injured, you may have significant medical bills and lost wages and you will want to have more then the minimum No-Fault insurance coverage.
Spousal Insurance: Another often-overlooked aspect of available insurance is spousal coverage. Did you know that many policies do not allow one spouse to recover damages from another? This could create a serious financial hardship on a family if one spouse is seriously injured while a passenger when the other spouse is at fault or partially at fault for an accident. The example below will provide insight as to why it is so important to have spousal coverage if your spouse is seriously injured or hurt while you are driving or at fault for an accident.

For example, suppose a husband and wife are riding in a car driven by the husband. During their drive, he loses control and crashes into a tree, seriously injuring his wife. No other vehicles or parties are involved in the accident. Suppose that the wife incurs $100,000 in medical bills and is out of work for six months, losing $20,000 in pay. Typically, No-Fault would cover the first $50,000 of these expenses. A claim against the driver would allow the injured party to recoup at least part of the rest of the expenses, plus damages for pain and suffering. However, unless there was spousal coverage, it is unlikely that the wife could recoup these expenses and she, herself, or the marital unit would be required to pay any bills incurred that were not covered under No-Fault or other insurance. Spousal insurance would allow a claim to be brought against the husband, thus alleviating some of the financial hardship on the family. (Remember, proceeds come from the insurance policy purchased, not the husband). This is a general example.
Collision: If you are involved in an auto accident, car accident, or motor vehicle accident in New York state, your insurance policy WILL NOT cover the cost of repairs to your vehicle if you do not have collision coverage. Imagine the burden you would face if you were in an accident and could not afford to repair your vehicle. The value of your vehicle and what you can afford to cover if there is collision damage should be some of the factors you consider. For older cars this coverage may not be needed due to the value of the vehicle. However, even with older vehicles, it is important to determine if you could afford to replace the vehicle if it was damaged or destroyed in a crash.

New York Disability

If, after an auto accident in New York state, you find that you cannot return to work, in addition to applying for No-Fault benefits, you should apply for New York state disability benefits, when such benefits exist. Your No-Fault carrier will typically provide you with a disability application. You can also obtain the appropriate application through your employer or by going online or by calling your local New York state disability office. You can get more information at www.wcb.state.ny.us. We provide links below to several commonly used forms. In order to be eligible for New York state disability benefits, you must file your claim within THIRTY (30) DAYS after you become disabled. If you file late, you will not be paid for any disability period more than two weeks before the claim is filed. No benefits will be paid if you file more than 26 weeks after your disability begins. Not all employers are required to provide coverage under this New York state disability law. You are only eligible to collect New York state disability if an employer covered under the disability law has employed you. Please contact your employer, check the New York disability website or contact your local disability office to see if you are eligible for benefits.

If you were currently employed at the time of the disability or were unemployed for less than four weeks prior to the date the disability began, you must then file the claim with your employer or its insurance carrier, using form DB-450. If you were unemployed more than four weeks from the date the disability began, you must file the claim with the Disability Benefits Bureau using form DB-300.

In addition, your healthcare provider must complete and sign the "Health Care Provider's Statement" as proof of your disability.

Benefits under New York disability are 50% of a claimant's average weekly wage, up to a maximum benefit of $170 per week. The average weekly wage is based on the last 8 weeks of employment. Benefits are paid for a maximum of 26 weeks of disability during 52 consecutive weeks. For employed workers, there is a 7-day waiting period for which no benefits are paid. Benefit rights begin on the 8th consecutive day of disability. For unemployed workers who are receiving unemployment insurance benefits and who become disabled more than four weeks (but within 26 weeks) after termination of employment, benefits are payable from the first day of the disability that disqualifies them from receiving unemployment insurance benefits. Benefits paid by the employer or insurance carrier are subject to Social Security and withholding taxes.

After a motor vehicle accident, if you have any questions regarding eligibility for New York state disability, you can contact us at 1-800-7-MATTAR to speak with a New York state lawyer experienced in injury, car accidents, and accident law. The William Mattar Law Firm understands that when you are hurt in a car accident, injured, and cannot work, that it can be stressful. We understand and can give you the guidance that you need.

Social Security Disability

If you find you cannot return to work following a New York auto accident (a motor vehicle accident involving a car, truck, bicycle, pedestrian, or motorcycle), in addition to applying for No-Fault benefits, you should also consider applying for Social Security Disability benefits. To apply for Social Security Disability, you can either apply online at www.ssa.gov or call the Social Security Disability office at 1-800-772-1213.

Disability under Social Security is based on your inability to work. You will be considered disabled if you cannot do work you did before and the Social Security Administration (SSA) decides that you cannot adjust to other work because of your medical condition(s). Your disability also must last or be expected to last for at least a period of one year or be expected to result in death. Social Security does not pay for partial disability or for short-term disability (note that this is different from New York state disability, which is essentially a short-term disability).

You should apply at any Social Security office as soon as you believe that you meet one of the disability levels or requirements. Note that while you may receive back benefits from the date you became disabled, they are limited to one year before the date you filed for benefits. Call us at 1-800-7-MATTAR, and we will refer you to a lawyer in another firm whose practice focuses on Social Security Disability.

It is estimated that less than 50% of applicants are determined to be eligible after they initially submit their application. Of those who are initially denied, with the help of an attorney, the majority are eventually determined to be eligible for benefits. If you are initially denied, you should contact an attorney to assist you.

There are two things that can cause you to lose your benefits:

If you work at a substantial level, which usually means averaging earnings of $800 or more a month; or
If SSA decides that your medical condition has improved to the point that you are no longer disabled.

You must promptly report any improvement in your condition, your return to work, and certain other events as long as you are receiving benefits. Failure to do so could result in penalties and fines equal to or greater than any amount you were overpaid in benefits.

Important Note: Recall that you are only eligible for Social Security Disability if your disability is expected to last for at least a year or result in death. Should you receive benefits during the first year after your disability begins and then discover you will recover from the disability in less than one year from the onset of the disability, you will most likely be required to pay back any benefits you have received. See www.ssa.gov for more details.

Supplemental Underinsured/Uninsured Motorist Coverage

In New York, the minimum liability coverage a driver is required to have is $25,000 per person and $50,000 per incident (25,000/50,000). Problems arise when someone is seriously injured through the fault of another, but the driver at fault only has the minimum coverage or no coverage at all.

Suppose Driver A is rear-ended by Driver B. Driver B only has the minimum liability coverage of $25,000. At trial, Driver A is awarded $100,000. Unless Driver B has assets that may be seized, Driver A would essentially be limited to a recovery of $25,000, the extent of Driver B's insurance coverage. And since people who purchase the minimum coverage generally have little or no assets, this may well be the case for Driver A.

This is where Supplemental Underinsured Motorist (SUM) protection becomes such an important part of your insurance policy. When purchased, SUM coverage allows the insured and certain family members he or she lives with to be protected up to the limits of his liability coverage. Uninsured Motorist (UM) protection works under the same principles as SUM, but applies when there is no primary coverage (the person who caused the injuries/accident did not have insurance).

Suppose in the above example, Driver A had liability limits of $100,000/300,000 and had SUM coverage also at those limits. Again, Driver B's policy would pay Driver A $25,000 of the $100,000 judgment. Driver A could then make a claim under his SUM policy for the remaining $75,000. ***Note that if the judgment was for $125,000, Driver A could still only make a SUM claim for $75,000 since his overall award could not be more then his SUM coverage ($100,000 in our example).

You can determine the amount of your SUM/UM coverage by either checking your declaration page on your insurance policy or by calling your insurance agent. Everyone should have SUM/UM coverage. We believe that the absolute minimum that anyone should have is $100,000 of SUM/UM coverage. This should be the minimum and your SUM/UM coverage should never be less then your Liability Limits. New York state’s minimum for SUM/UM coverage is $25,000. We believe that this amount is way too low. After a serious accident with significant injuries, you will want to have as much SUM/UM coverage as possible. Most insurance companies will sell up to $500,000 of SUM/UM coverage, while others will allow a million dollars or more. Also, it may be possible to request a SUM/UM coverage rider on Umbrella Policies.

If you believe that you might have a claim under your SUM/UM coverage, you must first put your insurance company on notice of a possible claim pursuant to the insurance policy terms. Your attorney generally does this with a letter to your insurance company indicating that there may be a SUM/UM claim. A SUM/UM claim must be filed within a reasonable amount of time. In order to be safe, you should make sure notice is made within 30 days following the accident (same as your No-Fault Benefit Claim). If you have been hurt in a car, fill out a FREE Online Contact Form or call 1-800-7-MATTAR as soon as possible to protect your rights. One of our New York state lawyers experienced in auto accident law (car accident law) at our firm will know what to do to help you.
[return to top]

Free Contact

If you’ve been injured in New York state, contact the William Mattar Law Firm, with lawyers who focus on car injury accidents (auto injury). This includes car collisions that involve crashes or accidents with another car, bus, truck, bicycle, pedestrian, or motorcycle. The attorneys at the William Mattar Law Firm have advocated for hurt and injured clients across New York state. Our attorneys are ready to help those in a car crash or injury accident. We service the Buffalo, Rochester, Syracuse, Albany, Binghamton, Corning, Elmira, Lockport, Niagara Falls, Plattsburgh, Schenectady, Troy, Utica, Watertown, and surrounding areas. Our lawyers who focus on car accident injury cases are available now. Fill out a Free Online Contact Form or better yet, call us at 1-800-7-MATTAR or 1-800-317-2424 for a free accident consultation today! Call us anytime, 24 hours a day, 7 days a week. We are on call right now. We have multiple locations in New York state to better serve you. Do not worry where you are located. After a serious accident or collision, we may be able to come to your home or hospital. Call us right now, we are ready to help. After an accident, common questions for our lawyers (attorneys) concern injuries, car accident insurance coverage, No-Fault, accident reports, MV-104 Forms, collision coverage, disability, lost wages, and medical bills.

William Mattar auto accident and personal injury lawyer