It is entirely possible that a driver, even if they did not cause it, is involved in a car collision that results in costly medical bills and repairs. In this scenario, it is preferred that the injured driver obtains as much of these costs as possible from the other driver, the at-fault driver's insurer, or their own insurer. However, total coverage provided by an insurance policy may not always be enough to cover all damages, both physical and mental, of the injured driver.
If an individual is seriously injured and an insurance policy's maximum coverage amount is less than the damages involved in a case, the insurer may likely opt to pay the full amount of the existing bodily injury policy to end the case. An individual who suffers a car accident in New York may have additional insurance to look to as well if there is underinsured motorist (UIM) or uninsured motorist (UM) coverage. In general, this type of claim allows the injured individual to recover from their own car's insurance company when the at-fault driver's insurance coverage is insufficient to cover the injured driver's full medical expenses. In New York, this coverage is offset by the at-fault driver's insurance. This means that after collecting in full from the defendant's driver's insurance, the injured driver may then turn to their own insurance provider to cover the remaining costs for injuries.
Even when recovery seems limited, there may be other options available depending on jurisdiction, policies, and potential bad faith by an insurer.
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