If another driver’s negligence caused your motorcycle crash and their liability insurance cannot fully compensate you for your medical bills, lost wages, and other injury-related damages, underinsured motorist coverage may provide additional compensation.
Because New York law excludes motorcyclists from no-fault personal injury protection (PIP), you must pursue compensation through liability claims and, when necessary, your own underinsured motorist policy.
If your injuries exceed the at-fault driver’s liability limits, it’s important to understand your rights and the options available for pursuing fair recovery for your losses.
At Munley Law, our Binghampton motorcycle accident attorneys have nearly seven decades of experience in these complex claims. Contact us today for a free consultation.
Why Underinsured Motorist Coverage Matters in Motorcycle Injury Cases
Due to a lack of protection when riding, motorcycle injuries tend to be more severe than injuries in car accidents. Riders who are struck by negligent drivers frequently suffer broken bones, spinal cord damage, traumatic brain injuries, road rash requiring skin grafts, and permanent disabilities. Emergency room treatment, surgery, weeks of hospitalization, and months of physical therapy quickly accumulate costs that exceed standard liability insurance limits.
Many New York drivers carry only the state minimum liability coverage of $25,000 per person, which rarely covers the full cost of a serious motorcycle injury. When medical expenses alone exceed $50,000 or $100,000, and the injured motorcyclist also faces lost income and reduced earning capacity, the gap between actual damages and available liability coverage can be crippling.
Underinsured motorist coverage exists to fill that gap when the at-fault driver’s insurance is insufficient to compensate an injured motorcyclist’s losses.
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Call Us At 844-686-5397 What “Underinsured” Means After a Motorcycle Injury 
A driver is considered underinsured when their liability insurance limits are lower than the total bodily injury damages caused by their negligence. This determination is made after the at-fault driver’s liability coverage has been paid and the injured motorcyclist’s damages are calculated.
For example, if the negligent driver carries $25,000 in liability coverage but the injured rider’s medical expenses, lost wages, and pain and suffering total $150,000, the at-fault driver is underinsured by $125,000.
Underinsured status applies only to bodily injury claims arising from another driver’s negligent conduct. The injured motorcyclist must prove that the other driver caused the accident through careless or reckless behavior and that the crash directly caused the claimed injuries.
Why Motorcycle Injuries Often Exceed Liability Insurance
Motorcycle accident injuries frequently result in high medical costs and long-term financial losses. Emergency treatment for trauma injuries, including CT scans, X-rays, and stabilization procedures, often costs tens of thousands of dollars before a patient leaves the hospital. Surgeries to repair fractures, torn ligaments, or internal organ damage add an enormous expense.
Rehabilitation and physical therapy may continue for months or years, especially when injuries affect mobility or cause chronic pain. Injured motorcyclists who cannot return to work immediately face lost income, and those with permanent impairments may experience reduced earning capacity for the rest of their careers.
Beyond economic damages, motorcycle accident victims endure significant pain and suffering, including physical discomfort, emotional distress, and diminished quality of life. When these losses are calculated, the total often far exceeds the at-fault driver’s liability insurance limits.
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How SUM Coverage Applies to Injured Motorcyclists in New York
Supplementary uninsured/underinsured motorist coverage (SUM) is optional coverage that injured motorcyclists may carry on their own insurance policies.
SUM coverage is triggered only when the at-fault driver’s liability insurance is insufficient to cover the injured rider’s bodily injury damages. It applies exclusively to bodily injury caused by another driver’s negligence and does not cover motorcycle repairs or property damage.
To access SUM benefits, the injured motorcyclist must exhaust the at-fault driver’s liability coverage before submitting a claim to their own insurer. The amount recoverable under SUM coverage is the difference between the liability limits paid and the motorcyclist’s total damages, up to the SUM policy limits.
For example, if an injured rider carries $100,000 in SUM coverage and receives $25,000 from the at-fault driver’s liability policy, up to $75,000 may be available through SUM coverage if damages exceed $100,000.
Common Disputes in Motorcycle Underinsured Motorist Claims
Insurance companies frequently dispute SUM claims brought by injured motorcyclists. Common issues include:
- Injury severity disputes: Insurers may argue that injuries are less serious than claimed or that treatment was excessive.
- Causation challenges: The insurer may contend that injuries were not caused by the accident or were pre-existing.
- Comparative negligence claims against riders: Insurers often allege that the motorcyclist shared fault for the crash to reduce payouts.
- Consent-to-settle violations: Settling with the at-fault driver without the SUM insurer’s consent can jeopardize the claim.
- Improper setoff calculations: Insurers may incorrectly calculate the amount owed after the liability payment.
- Policy exclusion arguments: The insurer may claim certain policy terms exclude coverage for the injury.
These disputes require careful legal analysis and strong evidence to overcome.
Arbitration Issues in Motorcycle SUM Claims
Many motorcycle SUM claims proceed to binding arbitration when the injured rider and the insurance company cannot agree on the value of the claim. Arbitration is a dispute-resolution process in which a neutral arbitrator hears evidence and decides how much the insurer must pay.
The arbitrator evaluates medical records, expert testimony, proof of negligence, and documentation of economic and non-economic losses.
Success in SUM arbitration depends on presenting clear medical evidence linking injuries to the accident, demonstrating the full extent of damages, and proving the at-fault driver’s negligence.
The arbitrator’s decision is generally final and enforceable in court. Preparing a strong case for arbitration requires thorough documentation and experienced legal representation.
When Underinsured Motorist Coverage Does Not Apply
Underinsured motorist coverage does not apply in certain situations. If there is no bodily injury, only property damage, underinsured coverage is not available. Additionally, if the accident was not caused by another driver’s negligence, these benefits do not apply.
SUM coverage is also unavailable if the at-fault driver’s liability coverage has not been exhausted or if the injured motorcyclist failed to provide the required notice to the SUM insurer or violated consent-to-settle requirements.
How a Binghamton Motorcycle Accident Lawyer Handles SUM Injury Claims
A motorcycle accident lawyer experienced in underinsured motorist claims in New York manages every aspect of the case. This includes investigating the accident to prove the other driver’s negligence, gathering police reports, witness statements, and accident reconstruction evidence.
The lawyer works with medical providers to document the full extent of injuries, including current and future treatment needs, and calculates economic losses such as medical expenses, lost wages, and diminished earning capacity.
Lawyers also handle procedural requirements, including providing timely notice to the SUM insurer and obtaining consent before settling with the at-fault driver. When insurers deny or undervalue SUM claims, lawyers challenge those decisions through negotiation or arbitration, presenting evidence to secure fair compensation.
Speak With a Lawyer About an Underinsured Motorcycle Injury Claim
If you were injured in a motorcycle accident in Binghamton caused by another driver’s negligence and the at-fault driver’s insurance is not enough to cover your damages, contact Munley Law to discuss your New York underinsured motorist claim.
Our team handles bodily injury claims for motorcyclists and works to recover full compensation when liability coverage falls short.
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FAQs About Underinsured Motorist Coverage After a Motorcycle Accident
Does Underinsured Motorist Coverage Apply to Motorcycle Injuries?
Yes, if you carry SUM coverage on your own policy and the at-fault driver’s liability insurance is insufficient to cover your bodily injury damages caused by their negligence.
Why Are Motorcycle SUM Claims Often Disputed?
Insurers frequently challenge motorcycle SUM claims based on questions around injury severity, causation, and fault to reduce payouts, making legal representation important to protect your claim.
Can I Pursue SUM Coverage After The At-Fault Driver’s Insurance is Paid?
Yes, SUM coverage is designed to provide additional compensation after the at-fault driver’s liability limits are exhausted.
What Happens If My Motorcycle Injury Claim is Denied?
If your motorcycle injury claim is denied, a lawyer can challenge the denial by presenting evidence of negligence, injury, and damages, and can pursue arbitration if necessary to recover compensation.
J. Christopher Munley
James Christopher Munley is an award-winning plaintiffs’ lawyer who has dedicated his career to fighting for accident victims and their families. As a board-certified civil trial advocate, Chris was named Lawyer of the Year by Best Lawyers for Workers’ Compensation by Best Lawyers, and has been listed on Pennsylvania Super Lawyers since 2013.
Munley Law Personal Injury Attorneys
257 Washington St.
Binghamton, NY 13901
(607) 524-5771
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