In New York and every other state, certain levels of insurance must be carried when operating a motor vehicle. Unfortunately, not every driver will ensure that coverage is in place before getting behind the wheel. When an accident is caused by an uninsured or underinsured driver, an accident victim often looks to his or her own insurance company coverage for financial relief.
Recently, a man in another state filed a civil suit against State Farm Mutual Automobile Insurance for an accident that occurred two years ago. He alleges that he secured coverage through the company, but was never compensated under the portion of his policy that applied to underinsured or uninsured drivers. He asserts that he has suffered in the aftermath of the wreck with another driver who was not adequately covered by his or her own insurance.
The man claims that he has suffered from physical pain and injury as well as disability. He further alleges that he has sustained monetary damages from a resulting drop in income and a general lack of the ability to enjoy his life. He is seeking compensation in the amount of at least $15,000 along with all associated costs with the filing of the suit.
The plaintiff further requests that a jury hear the case and that the court make any other ruling it deems appropriate. The case was filed earlier this month, and it may take some time before it is placed on the docket for trial. The insurance company may well have had valid reasons for denying the coverage requested by the plaintiff, and it will now be the responsibility of its attorney to prepare and present the case for trial. While it is not uncommon for plaintiffs in New York or elsewhere to sue an insurance company with respect to denied coverage, the claimants will have the burden of proving the allegations in court and by a preponderance of the evidence.
Source: flarecord.com, "Man files suit against State Farm Mutual Automobile Insurance over underinsured motorist coverage", Jenie Mallari-Torres, March 8, 2017