Short summary: A head-on wrong-way crash on the Northern State Parkway killed one driver and seriously injured the other. Nobody has said yet which car was going the wrong way. For the survivor, the most important policy in this crash is generally their own, and most drivers have never read that part of it.
Wrong-way crashes on a parkway at 5 a.m. leave very little room for anything but the worst outcome.
What happened
Around 5 a.m. on Sunday, September 6, a 2023 Ford Maverick and a 2007 Ford Escape collided head-on in the westbound lanes of the Northern State Parkway near Exit 25 in the Village of Lake Success, Nassau County. One vehicle had been traveling against traffic.
The driver of the Maverick died at the scene. The driver of the Escape was hospitalized with serious physical injuries. State Police have not said which vehicle was going the wrong way, and toxicology, a possible medical emergency, and visibility all remain part of the open investigation. Westbound lanes stayed closed until roughly 10:15 a.m., as reported by Hoodline.
What happens when the at-fault driver dies
A driver's liability coverage generally survives them. The claim goes against the policy and, where necessary, against the estate, and the insurer defends it the way it would defend a living policyholder.
The practical problem is size. Liability limits on an ordinary personal auto policy are frequently far below what a serious injury actually costs, and a fatal wrong-way crash tends to produce serious injuries on both sides.
The coverage almost nobody checks
New York policies generally include supplementary uninsured and underinsured motorist coverage, usually called SUM. It is the part of your own policy that steps in when the at-fault driver has no insurance, or has too little of it.
SUM claims have their own notice requirements and their own procedures, and they are generally made to your own insurer, which does not make that insurer your ally. Our piece on talking to the adjuster applies with extra force when the adjuster works for your own company.
What the survivor should be doing now
Get the State Police report and the case number. Preserve the vehicle before it is scrapped, because the event data recorder inside it may be the only neutral witness to speed and braking. Notify your own insurer promptly, even before anyone knows who was at fault, because late notice is a common reason SUM claims get denied. And read our serious injury threshold explainer, because it determines what can be claimed beyond no-fault.
Questions New Yorkers ask us
Can you still claim if the driver who caused the crash died in it?
Generally yes. The claim proceeds against the insurance policy and the estate. The driver's death does not erase the coverage that was in force at the moment of the crash.
What if their policy is too small to cover your injuries?
Generally, that is what underinsured motorist coverage on your own policy is for. It is not automatic, it has notice rules, and it is usually worth checking your declarations page before you need it.
Not sure where you stand after a crash? Get your free case review or call (888) 208-0529. A real person answers, 24/7.
Reporting: Hoodline.
