Authors Posts by A. Craig Purcell

A. Craig Purcell

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By A. Craig Purcell, Esq.

In the ongoing battle against impaired driving, the stakes couldn’t be higher. With potent synthetic drugs flooding into our communities, state legislators are feeling the pressure to modernize existing laws and ensure that those who choose to drive under the influence face appropriate consequences.

One of the primary concerns among lawmakers is the outdated nature of the current list of illegal drugs outlined in public health law. Democratic Assemblyman Bill Magnarelli pointed out the glaring flaw, stating that the list can’t keep pace with the rapid influx of new drugs hitting the streets. And he’s not alone in his sentiment; Onondaga County District Attorney William Fitzpatrick echoed Magnarelli’s concerns, emphasizing the ease with which drug manufacturers can skirt legislation by altering chemical compositions overnight.

This legislative lag poses a significant challenge for law enforcement, making it increasingly difficult to prosecute impaired drivers effectively. As Magnarelli aptly said, “You can’t keep up with it.” This sentiment underscores what our legislature sees as an urgent need for updated legislation that can adapt to the ever-evolving landscape of drug abuse and impairment.

Thus, Assemblymen Magnarelli’s proposed bill seeks to overhaul New York State’s vehicle and traffic law. At its core lies a crucial revision: broadening the definition of “drug” to encompass any substance or combination thereof that impairs physical or mental abilities. This change is essential in recognizing the diverse array of substances capable of impairing drivers, ensuring that the law remains relevant and effective in safeguarding public safety.

However, not everyone is on board with Magnarelli’s proposal. Critics argue that the bill’s reliance on subjective judgment in diagnosing impairment may pose challenges. Yet, Magnarelli remains resolute in his conviction: “Don’t get behind the wheel.” For him, the message is crystal clear — driving while impaired is not worth the risk.

As the bill navigates through the legislative process, its fate hangs in the balance. With a version also under consideration in the Senate, the stage is set for a pivotal debate on how New York State can best address the issue of impaired driving. Be assured, however, that there has never been a time when it was more advisable for anyone charged with a drug and/or drinking-related offense to obtain experienced counsel to represent them in the courts of New York State.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

DMV has proposed to increase the point value for certain violations such as passing a stopped school bus. METRO photo

By A. Craig Purcell, Esq.

A. Craig Purcell

Back in September of 2023, the New York State Department of Motor Vehicles (DMV) issued a press release to announce proposals to strengthen regulations “to get dangerous drivers off the road.” These proposed amendments would bolster the state’s ability to remove drivers who engage in risky behavior and make it “more difficult for persistent violators to restore driving privileges.” 

These changes in regulations are part of a multifaceted strategy to combat reckless driving, which endangers everyone. 

Commissioner of the New York State Department of Motor Vehicles and Chair of the Governor’s Traffic Safety Committee, Mark J.F. Schroeder, stated that “the message is simple: If your actions behind the wheel put others in danger, you don’t belong in the driver’s seat. That’s why we are proposing significant and aggressive actions to protect other drivers, motorcyclists, bicyclists, pedestrians and children. Everyone deserves to feel safe regardless of how they choose to commute or enjoy our roads.” The amendments will: 

1. Increase the number of points associated with dangerous driving. 

The long-established Driver Violation Point System gives the NYS DMV a way to identify and act against high-risk drivers. The DMV assigns points for certain traffic violations. DMV is proposing to add point values to violations that presently have none. These violations include alcohol or drug-related convictions, driving without a license, and any violation involving speeding in a work zone, leaving the scene of a personal injury crash, or striking a bridge. DMV has also proposed to increase the point value for certain violations such as passing a stopped school bus.

2. Decrease the threshold at which dangerous drivers are disqualified from holding a license. 

Currently, if a licensed driver accumulates 11 points in 18 months, his or her driver’s license may be suspended. The DMV is proposing to amend that regulation to keep more habitual offenders from driving. The proposed amendment will increase the time frame that administrative action can be taken against a persistent violator from 18 months to 24 months. DMV is also proposing changes to the point system used to evaluate requests for re-licensure after drivers have been convicted of multiple reckless driving and similar violations. 

These changes will make it more difficult for drivers with many convictions to regain their driving privileges. During that evaluation process, DMV is also proposing a change that will allow the agency to consider an applicant’s driving history going back four years from the date they applied for re-licensure. DMV previously looked at a driver’s record going back three years.

3. Lower the bar for permanent license forfeiture for reckless drivers who continue to drive under the influence of drugs or alcohol. 

DMV is also proposing to reduce the number of alcohol- or drug-related driving convictions or incidents that would result in a permanent denial of a driver’s license application. Currently, where regulations stipulate that an application for re-licensure be denied if a driver has five or more alcohol or drug-related driving convictions, the DMV is proposing to lower that number to four or more alcohol or drug-related convictions. 

The DMV is also proposing to change regulations to allow for permanent license revocation after three alcohol- or drug-related driving convictions plus one or more other serious driving offenses. 

Other proposed changes will empower the DMV to deny an application for re-licensure for two years if the applicant has three alcohol- or drug-related driving convictions and no serious driving offense. Other applicants who meet the same criteria but have a current license revocation for an alcohol or drug-related conviction will face a five-year revocation.

We will keep the public informed on the progress of these proposals in the New York State Legislature.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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By A. Craig Purcell

A. Craig Purcell

As we embark upon a new year, it naturally prompts a period of introspection and planning. We have the opportunity to retrospectively examine the last 12 months, extracting valuable insights to help form our plans for the new year.

This thought process is not exclusive to personal reflection but extends to essential matters such as automobile and homeowner’s insurance. Conducting an annual review of some insurance components is advisable to ensure the best coverage. Given the prevalent spirit of setting and achieving resolutions during this peak season, why not proactively address a few insurance-related objectives?

To facilitate this process, we are pleased to offer a comprehensive insurance checklist for the new year, aiding you in navigating this crucial aspect of financial planning.

1. Compare rates: Do you believe you’re overpaying for auto insurance? You very well may be. But you’ll never know unless you do some comparison shopping. You should review your insurance policy to determine how your premium is trending. It is possible that despite maintaining an exemplary driving record, your premium may have experienced an increase. Alternatively, an unfortunate accident could have precipitated a significant spike. Participants in telematics insurance programs may observe regular fluctuations in premiums on a monthly basis, potentially necessitating a reconsideration if such uncertainty induces unease. Awareness of these subtleties helps you make well-informed decisions and guarantees that your insurance coverage meets your needs and expectations.

2. Find out how much it would cost to replace your home: Understanding your home’s replacement cost is a critical component of a homeowners insurance policy. This is also known as your dwelling coverage limit, and it determines the cost of repairing or replacing your home if it is damaged or destroyed.

It’s important to understand that the replacement cost is not the same as the market value of your home. You can’t just go to Zillow or another home valuation website and get an estimate for your house.

Furthermore, in order to be fully covered, your dwelling limit must be at least 80% of the rebuild value of your home. Otherwise, the insurer is only required to cover damages in proportion to the amount of coverage you have.

Several factors influence the cost of rebuilding your home. Consider the age and square footage of your home, the type of foundation and roof, local building and zoning codes, and any home additions or upgrades.

Given the likelihood of modifications or renovations to your home over the years, it is advisable to compute the replacement cost of your home annually. Likewise, promptly updating this valuation with your insurer, as necessary, is a prudent practice to ensure that your coverage aligns accurately with the current value of your property.

3. Keep an eye out for new exclusions: Even though insurance policies cover a wide range of situations, there are usually exclusions. A typical home insurance policy, for example, does not cover damage caused by natural disasters such as floods, earthquakes, or hurricanes. Certain insurance companies may also refuse to cover pets or may only cover certain breeds.

Check your policy for exclusions at the start of the year. It’s possible they were added without your knowledge. Exclusions could include large purchases such as jewelry, artwork, or electronics. If you notice an exclusion for something that concerns you, it may be worthwhile to purchase separate coverage.

4. It doesn’t hurt to ask for a discounted or reduced premium: Insurance providers extend discounts for a myriad of reasons, such as exemplary driving records, academic achievements, military service, and the bundling of auto and home insurance, among others. It is worth noting, however, that not all insurance companies offer identical discount structures. Indeed, many may not proactively communicate the full spectrum of available discounts unless prompted by a customer inquiry.

While exploring all your insurance options, it is prudent to proactively engage with your current insurer or prospective ones to inquire about available discounts. Whether you possess a commendable driving history, hold student status, or have a military background, it is advantageous to communicate these attributes during your inquiry.

Discount offerings may vary across different insurers, but it is not uncommon to secure substantial reductions on monthly premiums. This translates to noteworthy annual savings, potentially amounting to hundreds of dollars.

As the new year unfolds, filled with anticipation for what lies ahead, consider using this checklist to help usher in a more welcoming and financially prudent future.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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By A. Craig Purcell, Esq.

A. Craig Purcell, Esq.

So many Long Islanders, both young and old, ride motorcycles these days that we are constantly being asked about insurance coverage available for this exceedingly common means of transportation and recreation.

The first thing you need to know is that you can obtain motorcycle insurance, and more importantly, liability insurance for motorcycles is mandatory in the State of New York. This means you must insure your motorcycle in order to register it here.

What type of insurance is mandated for motorcycles? The motorcycle must have liability insurance in the minimum amount of $25,000, as is the minimum for all New York automobiles. The standard minimum coverage for both is as follows:

— $ 25,000 in bodily injury per person

— $ 50,000 in total bodily injury per accident

— $ 10,000 in property damage per accident while operating your motorcycle

This requirement means that if you are at fault for someone else’s injury, these are the minimum protections for your liability. Remember, these are only the state required minimum coverages, and higher coverage amounts are strongly recommended to protect your assets.

It is important to understand that no-fault insurance coverage (personal injury protection) is unavailable for motorcycles. This means that your medical bills will not be paid by your own insurance company. This differs from the policy covering your own automobile, which insurance coverage requires that your reasonable medical bills be paid by your own company even if the accident was your fault. 

As our first article in this series, “Only pay for what you need. The question then becomes: What do you need?” explained supplemental underinsured coverage is extremely important and mandatory for motorcycles, as well as automobiles. 

As emphasized in that article and throughout this series, obtaining more than the minimum amount of coverage available (as outlined above) is highly recommended and should be discussed with your insurance broker or insurance company.

In concluding our discussion concerning motorcycle coverage, we wish to emphasize our strong advice to resist the temptation to purchase the minimum coverage allowable in the state, and obtain more than the minimum coverage mandated. Do not let the additional costs persuade you from paying for what you and your family really need to protect your assets and give you peace of mind.

Please see our March and April columns explaining what No-Fault Insurance coverage means for you and your family in addition to our June column discussing the MVAIC and its applicability to motorcyclist’s claims.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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By A. Craig Purcell, Esq.

A. Craig Purcell, Esq.

In our last column, we outlined the criteria for eligibility to seek compensation or monetary damages for injuries you sustained in an automobile accident due to another driver’s negligence. We also explained the initial steps necessary to make such a claim. Now it is time to discuss how to evaluate your claim and negotiate with the insurance company insuring the at-fault party who caused the accident. 

Indeed, the first question we, and other lawyers, are often asked is, “How much is my case worth?” Although cliché, the answer is virtually always “It depends.” The truth is that there is no simple or easy answer to this inquiry, nor is there a tried-and-true method to develop a reasonable value for a given case. There are simply no established valuations for any particular injury, no charts to refer to, or answers even Siri can provide you. Among the many criteria for estimating a case’s value are the following:

• The severity of the injury itself

• Permanent disability due to the injury

• Age and occupation of the injured person

• If employed, time missed from work

• Ability to perform functions for daily life in the future (i.e., household chores)

• Ability to enjoy recreational activities, such as sports, that you participated in prior to the accident

• Expenses not paid by your No-Fault insurance carrier.

Several additional factors are considered when evaluating a particular claim; however, those enumerated above are the most important. For example, if the injured person is a construction worker who hurts his or her back in a motor vehicle accident, the effect may be a long period of time out of work. A computer operator who suffers a fractured hand or wrist and develops carpal tunnel syndrome may be disabled for longer than someone in a different position. The same goes for a doctor, electrician, or many other professions. In conjunction with these issues, the pain and suffering caused by the injury leads claimant’s attorneys and insurance companies to come up with monetary damage ranges and amounts.

While this is clearly far from an exact science, lawyers who handle personal injury automobile accident cases have many references they can utilize to evaluate these cases. These include publications reporting recent jury verdicts around the state for particular injuries or even significant settlements. Thus, the personal injury practitioner can get a sense of how much a claimant may expect to receive for a particular injury in each county in New York State, or what an insurance company would be willing to pay for such injuries. 

However, the exact amount your case may be worth is highly subjective and unique to your specific circumstances. Therefore, the claimant and their attorney must discuss the above criteria applicable to the case and start negotiating with the insurance carrier. 

It must be understood that insurance companies are under no legal obligation to pay a claim, although if they do negotiate, they must do so in good faith. This basically means that the insurance company runs certain risks if it makes woefully inadequate offers to settle your claim.

Our next column will answer more often-asked questions, like “Why do I need so much automobile coverage, if I have homeowners’ insurance or an umbrella policy?”

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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By A. Craig Purcell, Esq.

A. Craig Purcell, Esq.

After an automobile accident, you should always stop and notify the police. Indeed, under New York State (NYS) law, anyone involved in an accident must stop at the scene, and if the accident caused injuries or significant property damage, it is very important for you to notify your insurance company right away.  

A car accident can have far-reaching consequences on everyday life for you and any other driver or passenger involved. Although an accident may occur within the blink of an eye, the subsequent negative impacts on an injured person’s ability to work and perform daily activities may continue well into the future. This may potentially jeopardize the health and financial security of all parties involved in the accident (driver, passenger, etc.). The property loss that may be sustained may pale when compared to the severe bodily harm from a crash.

As we have discussed previously, New York imposes the following minimum amounts for liability coverage:

• $10,000 for property damage coverage (PDL) from a single accident

• Bodily injury coverage (BIL) of $25,000 per person and $50,000 for all persons injured

• Death coverage of $50,000 per person killed in an accident and $100,000 for all persons killed in an accident

• No-Fault coverage of $50,000

Types of Automobile Liability Insurance

Liability insurance covers damages if someone makes a claim against you for loss or harm as a result of your negligence. Your insurance provider protects you and reimburses the individual who made a claim against you up to the extent of your coverage. In addition to being required by law, liability insurance is crucial to avoid out-of-pocket losses.

If you cause a car accident, your liability insurance, specifically your bodily injury liability policy, will pay for the injured parties’ pain and suffering or permanent injuries after a settlement is reached or a personal injury verdict is rendered. Remember, NYS only mandates that you hold accident coverage of $25,000 per individual. This amount should be increased to protect you and your assets, so paying for a policy that at least provides $100,000 per individual and $300,000 per accident in coverage for all injured persons is essential, and more is strongly recommended 

So how much liability coverage is enough?

As much as you can reasonably afford. Don’t scrimp on liability coverage when deciding how much auto insurance you need. Doubling liability coverage does not mean you will pay twice as much for the additional protection. Low liability limits place your savings and assets at risk should you cause an accident, making it imperative that you purchase as much liability insurance as you can. This is especially so because medical expenses are constantly increasing. 

High liability limits protect you if you cause an accident and prevent you from possibly having to sell your home to cover accident costs caused by a severe injury to the other party. Therefore, it is crucial that you assess whether your liability limits accurately reflect the assets at risk should an accident occur due to your negligence.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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By A. Craig Purcell, Esq.

A. Craig Purcell

In our two last columns, we wrote about the necessity of obtaining adequate SUM (Supplemental Underinsured Motorist) and UM (Uninsured Motorist) coverage in the event you are seriously injured in an automobile accident due to the negligence of a driver who has a limited liability insurance policy, or no insurance at all. We encouraged you to ascertain the amount of SUM and UM coverage you have paid for as part of your own automobile insurance policy, to make sure your policy adequately protects you in this unfortunate event.

A question we are almost always asked by our clients who have been injured in an automobile accident, is “how do my medical bills get paid? Are they paid by my health insurance carrier, Medicare if I am over 65 years of age, Medicaid if I am a Medicaid recipient, or in some other way?” Many people simply show their insurance card, Medicare card or Medicaid card when they are brought to a hospital emergency room, go to a walk-in facility or a doctor’s office without further thought.

NO-FAULT INSURANCE

If you are injured in an automobile accident, you should be relieved to know that your reasonable medical bills will be covered by your own automobile insurance carrier under the No-Fault provision of your insurance policy. This is listed on your policy as “PIP” (personal injury protection). The reason this provision in your policy is known as No-Fault Insurance is that your own company is obligated to pay your reasonable medical expenses, even if you caused the accident. 

Many, if not most, hospitals, walk-in clinics and other healthcare providers simply ask the patient or their family for the insured’s health insurance information, even when the provider is told that the injury was caused by an automobile accident. This often leads to confusion and even disputes concerning what entity is responsible for the ensuing medical bills.

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While it may be difficult to provide a hospital emergency room with your automobile insurance information, it is important for you or your family member to provide that information at your doctor’s office or walk-in facility right away. Likewise, the same is true for the offices of your physical therapist, chiropractor, pain management specialists or any other health care provider. 

In addition to the confusion and the possibility of disputes over payment of medical bills arising out of injuries from your accident, certain insurance providers, as well as Medicare and Medicaid, may have a lien on any recovery you obtain for your pain and suffering from the insurance company for the driver who caused the accident. The beauty of No-Fault Insurance is twofold.

First, your medical bills get paid regardless of whether you or the other driver caused the accident and second, your No-Fault Insurance company does not have a lien or claim against any recovery you might obtain.

Finally, with regard to No-Fault Insurance, it is important that you speak to your insurance agent or carrier about the amount of this coverage you have with your policy. The mandatory (minimum) amount of No-Fault, or PIP, Insurance in New York is $50,000. However, if you sustain a very serious injury in an automobile accident, your medical bills may well exceed $50,000.

Therefore, just as in ascertaining how much SUM or UM coverage you have in your insurance policy, you should consider paying for No-Fault coverage above the $50,000 minimum. This would protect you against your automobile insurance company asserting a lien against any recovery you obtain because it paid medical bills in excess of the minimum. It would also often avoid having Medicare, if you are over 65, pay any bills in excess of $50,000.00, which could also result in a lien against any recovery you obtain from the insurance company for the driver who caused your accident.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association

Wheelchairs and walkers are covered under New York's No-Fault Law. METRO photo

By A. Craig Purcell

A. Craig Purcell

We recently wrote about the primary benefit New York automobile owners and drivers enjoy under the New York No-Fault Insurance Law. This benefit requires your own insurance company to pay, at a minimum, the first $50,000.00 of your reasonable medical expenses regardless of who caused the accident. However, there are several additional benefits New York insureds have under their auto insurance policy.

First among these benefits is the No-Fault law’s very important lost earnings provision. You are entitled to recover 80% of your lost earnings from your own insurance company, up to a maximum of $2,000.00 a month for three years. How do you go about obtaining your lost earnings? You must file a No-Fault Insurance Application with your own insurance company within 30 days of your accident. It is your responsibility to notify your insurance company as quickly as possible — hopefully within a day or two — so your carrier can provide you with the application promptly. This is generally done by email these days. In order to qualify for lost earnings, you must make sure that your employer provides proof of your loss of income within 90 days. It is your responsibility to ensure that your employer does this in a timely fashion.

A second significant benefit you may be entitled to is payment of out-of-pocket expenses. These might include Uber or taxi rides to medical appointments, ambulance expenses, damage to significant personal property that was in your automobile, medications and many other associated expenses. Moreover, there may be other applicable expenses that an injured party may incur that should be covered. Just as is the case for obtaining lost earnings, it is equally important that a No-Fault Application be timely filed and that payment or reimbursement be sought as soon as the out-of-pocket expenses are incurred.

Finally, expenses incurred for medical devices is a significant benefit. Items such as wheelchairs, walkers, canes, braces and various types of bandages are covered. These can be very expensive, often as much as visits to a health care providers, so it is important to attempt to have your insurance company pay for such expenses directly in the first instance. Obviously, you may not always know whether you will need one of these medical devices within 30 days of your accident, but it is important to file your initial No-Fault Application within 30 days. 

This benefit, as well as out-of-pocket expenses, is good for one year.

WHO IS NOT COVERED BY NO FAULT?

Motorcyclists, motor-scooter drivers (depending on size of engine), and someone arrested for Driving While Intoxicated would not be covered by No-Fault Insurance. You may have to pay for expenses out of your own pocket as health insurance policies often have excluded these motorists as well.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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By A. Craig Purcell

A. Craig Purcell

Why are we at Glynn, Mercep, Purcell and Morrison writing the first of a series of columns at this time concerning automobile and homeowner insurance issues? Because automobile insurance advertisements are more common then ever in contemporary media, and insurance companies are competing with one another more than ever in an effort to encourage customers to switch providers. This competitive industry is spending enormous amounts of money on television ads, social media, radio spots, print media, and online advertising to promote “the lowest rate on car insurance.”

Automobile insurance is unique in that it is required by New York State, as opposed to homeowner’s insurance which is not mandated by law. We are writing today to help members of our community navigate through the confusion caused by the inundation of advertisements across media platforms.

First, let me ask this question: what happens to you when you are seriously injured by a driver of another automobile who has a small or minimal liability insurance policy? Are you limited to the amount of that policy if you seek to recover for the pain and suffering caused by the accident? This first column will explain and emphasize the importance of obtaining adequate SUM coverage (Supplemental Under-Insurance) as part of your automobile insurance policy.

Supplemental Under-insured Motorist Coverage

What is SUM coverage? This is a mandated coverage for all New York automobile owners which can help compensate you for injuries sustained in an automobile accident. This coverage kicks in when the driver who caused your accident does not have sufficient insurance to adequately compensate you for the pain and suffering resulting from your injuries. SUM coverage is therefore crucial if you ever sustain injuries at the hands of a driver who is under-insured; i.e., does not have sufficient insurance to compensate you for your pain, suffering and permanent injuries. 

For example, imagine that you are stopped at red light or stop sign and hit in the rear by another driver, or are going through an intersection with a green light when another driver runs a red light and hits you broadside. If the driver who caused the accident in these situations has minimum or near minimum liability insurance which would compensate you for your injuries, you may look to the SUM coverage in your own insurance policy for additional amounts.

Thus, if the person who caused the accident has a minimum $25,000 liability insurance policy, and your lawyers believe that your case is worth in excess of that amount, you can recover the difference from your own insurance company under the SUM coverage that is mandated by the State. However, you may only recover from your own insurance company if your SUM policy limits exceed those of the other driver’s policy. 

What is significant in this regard is that if you also have minimum coverage, or don’t purchase sufficient SUM coverage to properly compensate you when an under-insured driver negligently causes an accident, you will be limited in most cases to the amount of the negligent driver’s insurance policy. 

However, if for example, you have at least $100,000 in SUM coverage, then you can recover another $75,000.00 to compensate you for your injuries. That is $25,000 from the person who caused the accident and had a minimal policy, and another $75,000 from your own insurance provider. 

As noted above, your insurance provider gets credit for any amount received from the person’s insurance company that caused the accident, thereby limiting your recovery somewhat. It is, therefore, very important to speak to your insurance company or broker to make sure that you have adequate SUM coverage in the event you are injured by a negligent driver who does not have sufficient insurance to adequately compensate you. 

You should be aware of what the minimum relevant insurance policy limits are under New York law: $25,000 per person/$50,000 per accident for bodily injury coverage (same for SUM); $50,000 in Personal Injury Protection coverage; and $25,000 per person/$50,000 per accident uninsured/underinsured motorist coverage

Although insurance companies seem to be engaged in a pricing war to offer consumers the lowest policy premium rates, we worry that this trend will severely harm consumers, as lower rates often mean lower policy limits and less compensation if you are injured in an accident.

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.