You can certainly file a claim for Supplemental Underinsured Motorist (SUM) benefits with your own policy provided you have more insurance than the car that hit you. For example, if the car that hit you has a $25,000 policy (the minimum policy in New York) and you have $100,000 in underinsurance motorist benefits, you could file a SUM claim for the difference ($100,000 - $25,000 = $75,000). An experienced personal injury attorney can help you file an SUM claim since there's no obligation on the part of your own insurance company to pay you all the available SUM benefits. You can find one in the Lawyers.com search bar.
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