Legal Question in Insurance Law in New York

Re: PA driver hit by NY driver in NY

If your daughter has underinsured coverage and her damages exceed the liable driver's policy limits, your daughter should be able to recover against her policy. You should get a second opinion. Show the policy and all correspondence to an attorney experienced in this area.

Re: PA driver hit by NY driver in NY

You actually have two different questions. The first question is, who should be paying your daughter's medical bills? This depends on several things. Was your daughter in her own car, one that she owned? Did she elect full tort or limited tort? If she is in her own car, and she elected full tort, then yes, she has to go with her medical insurance, paying co-pays etc. If she elected limited tort, then the auto insurance should be paying the medical bills with no co-pays etc.

If she is an car that you owned, answer these questions for your coverage.

If she does not own a car but she is named as an operator/insured on your car, then answer these questions for your car.

If she is in a rental car, you have to see what the rental company elected.

Now, on to the tort case...because the underinsurance angle is a derivative of the tort case. Your daughter's lawyer should answer this question, because it depends entirely on how the coverage is written. In NY, one would (a) notify the carrier of a potential UM claim, (b) bring the suit to a conclusion and (c) if the verdict was for more than the defendant's insurance, the UM coverage would pay. How one would do this in PA is beyond me.

Good luck.