When the driver who caused your motorcycle accident has no insurance or insufficient coverage, your own uninsured motorist (UM) and underinsured motorist (UIM) policy becomes the primary source of compensation. New York law requires every motor vehicle insurance policy to include UM/UIM coverage under Insurance Law §3420, making it mandatory on all motorcycle policies sold in the state. According to the Insurance Research Council, approximately 5.7% of New York drivers carry no insurance at all, and many more carry only the state minimum of $25,000 per person, which is insufficient to cover even a single fracture requiring surgery. For motorcyclists, who already face higher injury severity and are excluded from New York's no-fault system under Insurance Law §5103, UM/UIM coverage is the single most important financial protection available.
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UM/UIM claims are filed against the rider's own insurance company, creating an adversarial dynamic that surprises many clients. The insurer that sold the policy and collected premiums for years becomes the opposing party, deploying the same adjusters, defense attorneys, and delay tactics used by any other insurance defendant. Porter Law Group has recovered over $500 million for injured clients since 2009 and has extensive experience litigating UM/UIM claims through both arbitration and court proceedings. With 7 of 8 attorneys recognized by Super Lawyers and jury verdicts showing 20x to 34x multipliers over pre-trial offers, the firm applies the same aggressive approach to UM/UIM insurers as it does to at-fault drivers' carriers.
"Clients are shocked when their own insurance company fights their UM claim. They paid premiums for years and expect their insurer to help. The reality is that your insurer becomes the opposing party the moment you file a UM claim, and they will use every tactic to minimize payout. We treat them accordingly." Michael S. Porter, J.D., Porter Law Group
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UM/UIM coverage exists to protect the policyholder when the at-fault driver cannot adequately compensate the victim. New York law creates two distinct coverage types that respond to different situations.
Uninsured motorist (UM) coverage applies when the at-fault driver carries no liability insurance at all, when the at-fault driver's insurer disclaims coverage (for example, the policy lapsed or the driver was excluded from the policy), when the at-fault vehicle is a stolen car, or when the at-fault driver flees the scene and cannot be identified (hit-and-run). In all of these scenarios, the rider's own UM policy pays the claim as if the uninsured driver had carried a policy, up to the UM policy limit.
Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance but the policy limit is less than the rider's damages. If a rider with $300,000 in damages is hit by a driver carrying only the $25,000 minimum, the rider's UIM coverage pays the difference between the at-fault driver's limit and the rider's UIM limit. New York's UIM trigger requires that the at-fault driver's policy limit be less than the rider's UIM limit for UIM coverage to activate. For example, if both the at-fault driver and the rider carry $25,000/$50,000 policies, UIM coverage does not apply because the at-fault driver's limit is not less than the rider's UIM limit.
Mandatory minimums. New York requires UM/UIM coverage on every auto and motorcycle policy. The minimum UM/UIM limits match the minimum liability limits: $25,000 per person / $50,000 per accident. Riders can and should purchase higher UM/UIM limits because the minimum is dangerously inadequate for serious motorcycle injuries.
UM/UIM coverage becomes critical in specific scenarios that motorcyclists encounter frequently.
Hit-and-run accidents. When the at-fault driver flees the scene and cannot be identified, no liability policy exists to claim against. The rider's UM policy is the only source of compensation. New York requires the rider to report the hit-and-run to police within 24 hours and to the insurer within 30 days for the UM claim to be valid. Physical contact between the hit-and-run vehicle and the motorcycle is generally required, though exceptions exist when an independent witness corroborates the fleeing vehicle's involvement.
At-fault driver with minimum coverage. New York's minimum liability limit of $25,000 per person is exhausted by a single emergency room visit and basic imaging for moderate injuries. A motorcycle accident involving a compound fracture generates $75,000 to $200,000 in medical bills alone. When the at-fault driver's $25,000 policy is the only liability coverage, the rider's UIM policy covers the remaining damages up to the UIM limit.
At-fault driver with lapsed or disclaimed coverage. Insurance policies lapse for nonpayment, and insurers disclaim coverage when the driver violated policy terms (such as an excluded driver operating the vehicle). When the at-fault driver's insurer disclaims, the situation is treated as if the driver were uninsured, and the rider's UM policy responds.
Government vehicle exclusions. Some government entities self-insure rather than carrying traditional liability policies. When a government vehicle causes a motorcycle crash, the liability recovery process follows the Notice of Claim and government litigation track, but UM/UIM coverage may provide supplemental or alternative recovery depending on the circumstances. Learn more about government liability motorcycle accidents.
The UM/UIM claim process differs from a standard third-party liability claim because the rider is filing against their own insurer.
Step 1: Exhaust the at-fault driver's coverage first (UIM only). For underinsured motorist claims, the rider must first obtain the at-fault driver's full policy limit before the UIM claim can proceed. The rider's UIM insurer must consent before the rider accepts the at-fault driver's settlement, or the UIM insurer's right to subrogate may be compromised. Porter Law Group coordinates this process to protect both the third-party recovery and the UIM claim.
Step 2: Notify your insurer. New York policies require prompt notice of the UM/UIM claim. For hit-and-run UM claims, the rider must report to police within 24 hours and to the insurer within 30 days. For UIM claims, the notice must be given within a reasonable time after the rider learns the at-fault driver's coverage is insufficient.
Step 3: Provide documentation. The insurer will request the police report, medical records and bills, proof of lost wages, evidence of the at-fault driver's insurance status or limits, and the rider's own policy. The insurer has a duty to investigate the claim in good faith, but in practice, UM/UIM insurers employ the same delay, deny, and defend tactics as any liability insurer.
Step 4: Arbitration or litigation. Most New York motorcycle insurance policies require UM/UIM disputes to be resolved through mandatory arbitration rather than jury trial. Arbitration is conducted before a panel of arbitrators who hear evidence and render a binding decision. Some policies allow either party to demand a trial de novo (new trial) in court if the arbitration award exceeds a specified threshold. Porter Law Group prepares UM/UIM cases with the same rigor as jury trial cases because the evidence standards and damage calculations are identical.
UM/UIM claims cover the same categories of damages as a third-party liability claim, up to the rider's UM/UIM policy limit.
Economic damages cover medical expenses, lost wages, loss of earning capacity, motorcycle repair or replacement, and future care costs. The recovery is limited by the UM/UIM policy limit, which is why carrying higher limits is critical for motorcyclists who face elevated injury severity. A rider with a $100,000 UIM policy and $300,000 in damages recovers $100,000 from UIM (plus whatever was collected from the at-fault driver's liability policy). A rider with a $500,000 UIM policy recovers significantly more. Learn more about motorcycle accident medical expenses.
Non-economic damages including pain and suffering, emotional distress, and loss of enjoyment of life are recoverable in UM/UIM claims, subject to the policy limit. New York places no cap on non-economic damages, but the policy limit functions as a practical cap on recovery.
Punitive damages are generally not recoverable in UM/UIM claims because the claim is against the rider's own insurer, not the at-fault driver.
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Porter Law Group's published results include recoveries in vehicle accident cases where maximizing all available insurance coverage was essential.
$5,700,000 Settlement: 52-year-old man suffered a lower extremity amputation in a commercial vehicle collision. Porter Law Group identified and pursued all available insurance coverage to secure $5.7 million.
$3,400,000 Jury Verdict: 40-year-old man sustained a traumatic brain injury. The insurer offered $100,000. Porter Law Group secured a 34x increase at verdict.
$1,027,000 Jury Verdict: Severe injuries where the insurer offered $50,000. The trial team secured over $1 million, a 20x increase.
Every case is different. Past results do not guarantee future outcomes.
Notice deadlines within the policy. UM claims for hit-and-run accidents require police notification within 24 hours and insurer notification within 30 days. UIM claims require notice within a reasonable time after the rider learns the at-fault driver's coverage is insufficient. Failing to comply with policy notice requirements can give the insurer grounds to deny coverage.
Statute of limitations: 6 years for breach of contract. Because the UM/UIM claim is filed under the rider's own insurance policy, the applicable statute of limitations is 6 years for breach of contract under CPLR §213, not the 3-year personal injury deadline. However, the rider should also file the underlying personal injury claim against the at-fault driver within the standard 3-year deadline under CPLR §214 to preserve all legal options.
Arbitration demand deadlines. Some policies impose specific time limits for demanding arbitration. Reviewing the policy language promptly after the accident is essential to avoid missing contractual deadlines. Learn more about motorcycle accident filing deadlines.
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Your own uninsured motorist (UM) coverage pays your damages up to your policy limit, as if the uninsured driver had carried a policy. New York law requires every motor vehicle policy to include UM coverage under Insurance Law §3420. The UM claim is filed with your own insurer and covers medical expenses, lost wages, pain and suffering, and other damages. The minimum UM limit in New York is $25,000 per person, though riders with higher limits can recover more.
Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all or cannot be identified (hit-and-run). Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance but the policy limit is less than your damages. For UIM coverage to activate in New York, the at-fault driver's policy limit must be lower than your UIM limit. Both types are mandatory on every New York motor vehicle policy.
New York Insurance Law §2334 prohibits insurers from raising premiums or canceling policies solely because the insured filed a claim for an accident that was not their fault. Filing a UM/UIM claim after being struck by an uninsured or underinsured driver should not result in a rate increase because the rider was not at fault. If an insurer raises rates after a not-at-fault UM/UIM claim, the rider may have grounds for a complaint with the New York Department of Financial Services.
Motorcyclists should carry the highest UM/UIM limits they can reasonably afford, ideally matching their liability limits at $250,000/$500,000 or higher. The state minimum of $25,000 per person is exhausted by a single emergency room visit for moderate injuries. A motorcycle accident involving a compound fracture generates $75,000 to $200,000 in medical costs alone. Higher UM/UIM limits cost relatively little in additional premium compared to the protection they provide.
Yes, but strict notification requirements apply. You must report the hit-and-run to police within 24 hours and notify your insurance company within 30 days. Physical contact between the fleeing vehicle and your motorcycle is generally required, though exceptions exist when an independent witness can corroborate the other vehicle's involvement. Photograph any damage to your motorcycle that shows evidence of contact with another vehicle.
Most New York motorcycle insurance policies require UM/UIM disputes to be resolved through mandatory binding arbitration rather than jury trial. Arbitration is heard by a panel of arbitrators who evaluate evidence and issue a binding award. Some policies allow either party to demand a trial in court if the award exceeds a certain threshold. Porter Law Group prepares every UM/UIM case with the same evidence, documentation, and expert support as a jury trial case.
Founder and managing partner of Porter Law Group. Harvard University (B.A., 1994), Syracuse University College of Law (J.D., 1997). Former U.S. Army JAG Corps Captain, Airborne Training School graduate. Super Lawyers 14 consecutive years, 10.0 Superb on Avvo, Distinguished rating from Martindale-Hubbell. Over 20 years of trial experience and $500 million in recoveries.
Reviewed by Michael S. Porter, J.D. | Last updated: [April, 2026]
If you were injured in a lane splitting motorcycle accident in New York, contact Porter Law Group at (833) PORTER-9 for a free, no-obligation consultation. We operate on a contingency-fee basis, so you pay nothing unless you win.
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