Given Buffalo’s easy driving distance to Canada and even Pennsylvania and Ohio, it is important for drivers to know if they will be covered if an accident occurs outside of New York State.  The courts in New York State have addressed the issue of how insurance applies to accidents outside of the state.

The Court of Appeals, the highest court in New York State, has held that New York insurance carriers have an obligation to provide uninsured motorist coverage when an accident occurs outside of New York State.  In doing so, the court noted that Insurance Law section 5103(e) requires auto insurers to provide coverage “at least in the minimum amount required by the laws of the (other) state.” 

This responsibility to provide coverage at least meeting the minimum amount required by the other state has generally been interpreted in favor of the insured person.  If the other state or Canadian province requires more insurance than the New York State driver has, insurance companies have been required to raise the amount of coverage provided to the level demanded by the laws of the other jurisdiction.  Conversely, if New York State requires more coverage, the insured person is entitled to the full amount of coverage paid for should it be needed.

If you have been in an accident and have any questions regarding your insurance coverage, please feel free to contact my office at 716-542-5444.      

Nearly all Buffalo personal injury attorneys have been involved in situations where an insurance company tried to deny coverage following a personal injury accident.  Sometimes this occurs early in a case, and the insurance company attempts to avoid involvement in the whole process.  Fortunately, New York State law addresses when an insurance company may refuse to defend an insured person in a personal injury lawsuit.

Whether an insurance company is required to defend an individual accused of causing a personal injury is determined by comparing the allegations in the complaint with the terms of the insurance agreement.  It does not matter if the insurance company believes the allegations to be untrue or frivolous, nor does it matter if it is ultimately determined that the defendant owes nothing.  If the allegations fall under the terms of the insurance contract, the insurance company must defend the insured person. 

Moreover, the New York State Court of Appeals has ruled that even if the allegations in the complaint do not fall under the insurance contract, but the insurance company has actual knowledge of facts establishing a reasonable possibility of coverage, it still must defend the insured person. 

Finally, any ambiguous language in an insurance policy must be interpreted in favor of the insured, not the insurance company.

If you have suffered a personal injury and have any questions regarding insurance coverage, please feel free to call my office at 716-542-5444.

If you are involved in a car accident in the City of Buffalo and the other driver was at fault, you should, under ideal circumstances, be reimbursed for the damage to your car by the other driver’s insurance.  It is not unusual, however, for insurance companies to offer less than you may feel you are entitled to.  If this happens, there are a few avenues you can explore to receive full compensation.

First, if you have collision coverage through your own insurance, you can check with your insurance carrier to see to what extent they will compensate you.  Your carrier may ask you to pay your deductible and later seek to recover that payment from the insurance carrier for the car that collided with you.

Second, you do have a right to file a lawsuit against the insurance company if they do not compensate you for what you think you are entitled to. If you choose to pursue this course of action, make sure you have evidence to support your claim of damages.  Such evidence may include repair bills, estimates, photographs of the damage and the police report.

If you have been involved in an automobile accident and need legal advice, please feel free to call my office at 716-542-5444.

Most residents of Buffalo are aware that medical treatment can be expensive.  To protect individuals who have suffered a serious personal injury in an auto accident, New York State’s Insurance Law requires insurance companies to pay up to $50,000 over the first three years after an accident for basic economic loss to an injured customer or occupant of the customer’s vehicle.  Generally, this basic economic loss consists of lost wages and medical expenses.

Unfortunately, when serious injuries occur, this $50,000 may not be enough to cover the insured person’s losses.  To help protect against this, New York State also requires insurance companies to provide customers with the opportunity to purchase Optional Basic Economic Loss (O.B.E.L.) insurance.  This insurance provides an additional $25,000 toward basic economic loss.

You are not required to purchase O.B.E.L. insurance, but if you can afford it, it is a good idea to do so.  $50,000 may sound like a lot of money, but the expenses from a serious injury can mount quickly, and that money may soon be exhausted.

When considering this option, you should also be aware that there are different types of O.B.E.L. to choose from.  You may, for example, choose to have this additional coverage available only for lost wages and not medical expenses.  It’s a good idea to check with your insurance agent to make sure you have the coverage you desire when exploring this option.

Motorcyclists in Buffalo should be aware that New York State insurance law does not afford them the same degree of protection that it provides to drivers of cars and trucks.  Drivers and passengers on motorcycles are exempt from the No Fault insurance coverage provided to those in other types of vehicles.

For drivers of other types of vehicles, when they purchase auto insurance they must purchase at least $50,000 in No Fault coverage, which pays for items such as medical expenses and lost wages incurred by the occupants following an accident.  These funds are available regardless of who is at fault for the accident.

Unfortunately for motorcycle enthusiasts, drivers and passengers of motorcycles are exempt from No Fault coverage.  In the case of motorcycle insurance, No Fault coverage only protects a pedestrian struck by a motorcycle.  As a result, motorcyclists must seek other means to pay their medical bills.

While this may be good for insurance companies, it can impose an extreme hardship on motorcyclists who are seriously injured as a result of another driver.  While the other driver may be sued if he or she caused the accident, the money from a lawsuit may not be available for months or even years after the accident.  Meanwhile, the impact of lost wages of medical expenses can be immediate.  If you enjoy motorcycles, please use extra caution when riding.

New York State is what is termed a “No-Fault” state, which means that if your are driving an automobile and struck by another car in Buffalo, your medical bills will usually be paid by your own insurance company through the automobile insurance that you purchased.  So what happens if you are not in a car when struck?

If a pedestrian or bicyclist is struck by a car in New York State, his or her medical bills will, at least initially, be paid through the driver’s “No-Fault” automobile insurance policy, not the pedestrian’s policy.  Under certain conditions involving a serious injury, however, an injured pedestrian may also have funds from his or her own automobile insurance, such as Supplementary Uninsured/Underinsured Motorist coverage, available as compensation for injuries.

This additional coverage may be available even though the injured party was not in a car at the time of the accident.  If you are injured by a driver while biking or driving, you should consult an attorney experienced with insurance law to explore possible sources of compensation with you.

In our years of experience as personal injury attorneys in the Buffalo area, we have found that many people do not ask this question until it is too late.  SUM insurance stands for Supplementary Uninsured/Underinsured Motorist insurance, and is required to be a part of your automobile insurance policy under New York State law.  This means that if you are struck by a driver who does not have automobile insurance, your own SUM insurance provides you with coverage.

SUM insurance may also be used, however, in cases where a negligent driver does not carry enough insurance to provide adequate monetary compensation for the damages he or she has caused.  This SUM insurance may only be used when the full amount available under the negligent driver’s policy is exceeded, and only pays any difference between the amount of SUM coverage you have and the amount paid by the other driver’s insurance. 

For example, you are involved in a personal injury car accident in Erie County and suffer injuries worth more than $25,000.  The negligent driver only carries $25,000 in bodily injury coverage, but you carry $75,000 in SUM coverage.  If the negligent driver’s insurance pays the entire $25,000 in coverage, you may then seek from your insurance company up to $50,000 in additional compensation, which is the difference between the other driver’s bodily injury policy and your SUM coverage.

In our experience, many people are not aware that they can seek this additional coverage through their own insurance company.  If you are injured by another driver, it may be to your benefit to carry more than the minimum SUM coverage.

A motor vehicle registered in New York State must have liability insurance with a minimum of $25,000/50,000 for injury, $50,000/100,000 for death, and $10,000 for property damage caused by any one accident. New York State is a no-fault state.

The liability coverage must remain in effect while the registration is valid, even if the vehicle is not used, except for motorcycles.

The liability coverage must be New York State insurance coverage, issued by a company authorized to do business in New York State and licensed by the New York Insurance Department. Out-of-state insurance coverage of any type is never acceptable or valid. If your vehicle is registered in New York State, the liability insurance coverage must be New York State insurance coverage.

Liability coverage must be issued in the name of the registrant and must remain in the name of the registrant at all times. A change to a name different from the registrant causes a lapse in insurance coverage.  The driver’s license of the registrant and the registration will be suspended.

You are required to show a New York State insurance identification card when you apply for a vehicle registration. Your insurance company, agent or broker must issue two original New York State insurance identification cards to you.  They must have the same name as the registration application and must have a barcode.

The insurance company must also file an electronic notice of insurance coverage with the New York Department of Motor Vehicles to verify the liability coverage. The agent or broker cannot file this notice.  Your insurance identification card and the electronic notice of insurance coverage together verify your insurance coverage.

An insurance identification card must be presented within 45 days of the effective date of the insurance coverage. You must bring the cards to the New York Department of Motor Vehicles office when you apply for the registration.  They will keep one card.  Keep the other card with the vehicle. If a police officer requests your proof of insurance, you must show your insurance identification card.

Uninsured Motorists Coverage protects you, your family members who reside with you, and the occupants of your vehicle, for injuries as the result of negligent actions by an uninsured vehicle or hit-and-run motorist for accidents occurring in Buffalo or anywhere else in New York State.

A claim may be filed with your auto insurance company if anyone in your vehicle is injured by the driver of an uninsured vehicle or a hit-and-run motorist, or if you or a member of your family are injured while in an uninsured vehicle, or injured as a pedestrian by an uninsured or hit-and-run motorist. If you do not own a car, but a relative in your household does, you may be covered under that policy.

If no other coverage is available when injured as a pedestrian by an uninsured vehicle or hit-and-run driver or as an occupant of an uninsured vehicle in New York State, you may still be eligible for uninsured motorist protection from the Motor Vehicle Accident Indemnification Corporation (MVAIC).

You should purchase SUM (Supplementary Uninsured/Underinsured Motorists) coverage to protect against out-of-state accidents, or accidents involving another motor vehicle whose owner or operator is insured for third-party bodily injury, but only at relatively low liability limits.  SUM coverage can also be purchased in amounts up to the bodily injury liability limits of an insured’s own policy.

An insurer must offer SUM limits of $250,000 per person per accident and $500,000 per accident ($250,000/$500,000) if a person has bodily injury liability limits of that amount or higher. Insurers may offer higher SUM limits.