Brooklyn, NY – Brooklyn car accident lawyer Samantha Kucher, Esq. of Kucher Law Group (https://www.rrklawgroup.com/is-stacking-insurance-policies-possible-after-a-new-york-passenger-car-accident/), addresses whether injured passengers can combine multiple insurance policies after a collision and explains how New York’s framework governs recovery when the at-fault driver carries inadequate coverage. The guidance confirms that New York prohibits stacking and highlights how claimants can pursue compensation through high-limit Supplementary Uninsured or Underinsured Motorist coverage, commonly called SUM.
New York’s position on stacking is categorical. The standard SUM endorsement mandated by 11 NYCRR 60-2.3, Condition 6 Non-Stacking states that limits for Uninsured Motorist, Underinsured Motorist, or SUM coverage cannot be added together for two or more vehicles to increase available benefits from a single accident. The prohibition applies regardless of the number of vehicles, policies, premiums, or insured persons involved. In practice, a passenger cannot combine a $100,000 SUM limit from one policy with a $250,000 limit from another to create a larger pool. A Brooklyn car accident lawyer evaluating a claim will instead apply New York’s priority of coverage structure to determine the proper order of payment and the maximum available limit.
Because stacking is barred, New York directs claimants to SUM as the primary path to meaningful recovery. Under Insurance Law § 3420(f)(2), insurers must offer SUM up to the policyholder’s bodily injury liability limits. SUM functions as gap protection. If an at-fault driver carries only $25,000 in liability limits and total damages exceed that amount, a passenger with a $250,000 SUM limit may seek up to $225,000 from the SUM policy after the liability carrier pays its $25,000. SUM typically follows the person and can apply when an individual is a passenger, pedestrian, or bicyclist, a feature that a Brooklyn car accident lawyer can use to locate coverage beyond the involved vehicle’s policy.
New York’s priority of coverage rule, also set out in 11 NYCRR 60-2.3, organizes available SUM policies into three tiers. First priority is the SUM on the vehicle occupied at the time of the crash. Second is any policy under which the injured person is the named insured. Third is any policy of a resident relative under which the person qualifies as an insured. The total recovery from all SUM sources cannot exceed the single highest SUM limit available among those policies. Consider a passenger with $500,000 in damages where the involved vehicle has $100,000 liability limits, the passenger holds a $250,000 SUM policy, and a resident relative maintains a $500,000 SUM policy. Payment proceeds in order from the occupied vehicle’s coverage to the named insured policy and then to the resident relative policy, but the combined recovery remains capped at $500,000. Courts regularly interpret these provisions, as illustrated by Matter of State Farm v. Fitzgerald, 25 NY3d 799 (2015), which addressed SUM applicability to certain vehicles and underscores the importance of precise policy analysis by a Brooklyn car accident lawyer.
Procedural safeguards also affect SUM claims. Written notice must be provided as soon as practicable. Benefits become available only after exhausting the bodily injury liability limits of a legally responsible party and complying with release or advance provisions that protect subrogation rights. Thorough investigation is vital to identify every policy that may apply, including those issued to resident relatives, and to confirm that SUM limits align with the household’s liability limits. Diligent coordination across carriers, timely notice, and careful settlement sequencing can preserve access to the full value of available coverage.
About Kucher Law Group:
Kucher Law Group is a personal injury law firm serving clients across Brooklyn and the greater New York City area. Led by Samantha Kucher, Esq., the firm represents those injured in car accidents, pedestrian and bicycle collisions, construction incidents, slip and fall matters, and premises liability actions. The team provides strategic advocacy focused on accountability and meaningful compensation in state and federal courts. For consultations, call (929) 563-6780 to speak with a Brooklyn car accident lawyer at Kucher Law Group and schedule a free case review.
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Company Name: Kucher Law Group
Contact Person: Samantha Kucher
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Phone: (929) 563-6780
Address:463 Pulaski St #1c
City: Brooklyn
State: New York 11221
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Website: https://www.rrklawgroup.com/