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Are Your Covered? New York Makes Key Auto Insurance Change

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Peter J. Gregory
Aug 27, 2019
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What happens if you are in a car accident caused by another driver who has woefully inadequate insurance to compensate you for the pain, suffering, and permanent disability you have experienced?

As our office has previously explained, if you are in an accident with another motorist that does not have enough bodily injury insurance coverage, your own auto insurance policy could protect you against your losses.  The Supplemental Underinsured Motorist (“SUM”) coverage as part of your own insurance package is used to cover your bodily injuries during an accident if the other driver does not have enough coverage for your injuries.

Additional SUM coverage has been around for decades as an optional insurance policy add-on.  However, New York recently enacted a law that changes how SUM coverage is handled for drivers in New York State.  Drivers previously had to request additional SUM coverage from insurance providers, but now they will automatically receive it in amount that matches the bodily injury coverage on their own policy, unless they opt out. Drivers can also choose to take on less SUM coverage.  However, there are a couple notable loopholes with this new legislation.  This recent change only applies to new auto insurance policies issued after June 16, 2018.  Furthermore, policies originally issued before that date and merely renewed for new additional terms will not be affected.

Contact us to review your insurance policy coverage, so that we can explain how the coverage works, each coverage’s limitations, and how it might benefit you. And if you or a loved one has sustained a serious injury, a car accident lawyer can help. It is important to consult with a personal injury attorney early to investigate your options, and preserve crucial evidence.  For assistance with these matters, please contact us to learn more.

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About the author:  Peter J. Gregory is a partner with the firm.  He is a trial lawyer with extensive experience resolving disputes in state and federal trial courts. His personal injury practice focuses on advising clients who have been injured or lost loved ones in accidents caused by the carelessness or recklessness of others. Please feel free to contact him directly at or (585) 512-3506.

This publication is intended as an information source for clients, prospective clients, and colleagues and constitutes attorney advertising. The content should not be considered legal advice and readers should not act upon information in this publication without individualized professional counsel.

About MCCM

McConville Considine Cooman & Morin, P.C. is a full-service law firm based in Rochester, New York, providing high-quality legal services to businesses and individuals since 1979.  With over a dozen attorneys and a full paralegal support staff, the firm is well-positioned to right-size services tailored to each client. We are large enough to provide expertise in a broad range of practice areas, yet small enough to devote prompt, personal attention to our clients.

We represent a diverse range of clients located throughout New York State and New England.  They include individuals, numerous manufacturing and service industry businesses, local governments, and health care professionals, provider groups, facilities and associations. We also serve as local counsel to out-of-state clients and their attorneys who have litigation pending in Western New York courts.  For more information, please contact us at 585.546.2500.