A woman is suing her auto insurer over its refusal to cover her injuries after she and her horse were hit by a pickup truck.
The lawsuit centers on “underinsured motorist coverage,” which drivers pay under many car insurance policies. It covers them if they’re struck by a motorist whose insurance isn’t enough to cover injuries suffered, and is supposed to protect individuals against such motorists whether or not they’re in a vehicle themselves, said William Keniry, attorney for Emily Wyckoff, the injured equestrian.
Keniry contends that her coverage applies to the accident and should be paid. But her insurance company has refused to do so, according to the suit. Wyckoff is suing her car insurance company for $475,000, the extent of her underinsured coverage.
The accident happened Oct. 18, 2012, when Wyckoff, then 21, was struck by a pickup truck driven by Joshua Scrima of Esperance on Mill Point Road in Duanesburg. He is not named as a defendant in the suit.
No tickets were issued, according to state police.
Wyckoff suffered severe injuries in the accident, including multiple broken bones, according to Keniry. The horse died.
Scrima’s insurance had the state minimum coverage for personal injury, $25,000. That was paid to Wyckoff. To cover the rest of her bills, her family turned to their underinsured motorist coverage.
“The injuries are horrible and she did nothing wrong,” Keniry said last week. “Now she is three times the victim: First the accident, second the minimum limits on the Scrima vehicle and third her own insurance company coverage that she paid for is not standing behind her when she needs them the most.”
Wyckoff is named as the plaintiff in the suit. Named as the defendant is her car insurance company, New York Central Mutual Fire Insurance Company.
A message left with the insurance company was not returned.
Wyckoff graduated from SUNY-Cobleskill and was working on a local farm at the time of the accident, Keniry said.
The suit was filed last month in state Supreme Court in Schenectady County.