New York operates under a "no-fault" insurance system, which means your own insurer pays your initial medical bills and a portion of lost wages after an accident, regardless of who caused it.
That coverage, called Personal Injury Protection (PIP), handles up to $50,000 in medical expenses and 80% of lost wages (capped at $2,000 per month) for up to three years.
But PIP has a ceiling, and it doesn't touch pain and suffering. If your injuries are serious and the driver who hit you has no insurance, you're looking at a gap that PIP simply cannot fill.
That's the gap uninsured motorist coverage is designed to close.
Under New York Insurance Law § 3420(f)(1), every motor vehicle liability policy issued in New York must include UM coverage. The statutory minimum is $25,000 per person and $50,000 per accident for bodily injury.
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When Does Uninsured Motorist Coverage Actually Apply?
UM coverage isn't just for situations where the other driver has a lapsed policy. The law covers a broader set of circumstances than most people expect.
Your UM coverage can be triggered when the at-fault driver has no liability insurance at all, when their insurer denies or disclaims coverage after the fact, or when the vehicle involved was unregistered, stolen, or operated without the owner's permission.
It also applies if the at-fault vehicle is registered out of state and doesn't meet New York's minimum insurance requirements, as outlined by the New York Department of Financial Services.
Hit-and-run accidents are also covered, but with an important catch. Under § 3420(f)(3), UM coverage for a hit-and-run only applies if there was physical contact between the fleeing vehicle and either you or your car. This is called the "physical contact rule," and New York courts enforce it strictly.
If a car runs you off the road without touching you and speeds away, you may face a harder fight. It's worth knowing before you assume you're automatically covered.
Nationally, roughly 1 in 8 drivers on U.S. roads are uninsured.. Given New York's population density and the volume of drivers on city streets and state highways, the odds of encountering one aren't negligible.
What Uninsured Motorist Coverage Pays For
UM coverage does not duplicate what no-fault/PIP already handles.
It steps in for two things PIP cannot cover: non-economic damages (pain and suffering, loss of enjoyment of life) and economic losses that exceed the PIP cap.
There is one more threshold to clear. You must have sustained a "serious injury" under New York Insurance Law § 5102(d) to pursue a UM claim for pain and suffering.
The statute defines serious injury to include death, dismemberment, significant disfigurement, fractures, loss of a fetus, permanent loss of use of a body organ, and the well-known "90/180-day rule."
That last category covers a medically documented injury that prevents you from performing substantially all of your usual daily activities for at least 90 out of the first 180 days following the accident.
That 90/180-day rule is frequently relevant in soft-tissue cases where a fracture wasn't involved but the injury was genuinely disabling.
The Difference Between UM and SUM Coverage
Standard uninsured motorist coverage protects you when the other driver has no insurance. But what if they have insurance, just not enough to cover what you've actually lost? That's where Supplementary Uninsured/Underinsured Motorist coverage, known as SUM (or sometimes UIM), becomes critical.
SUM is governed by New York Insurance Law § 3420(f)(2) and (f)(2-a) and the corresponding state regulation 11 NYCRR § 60-2.0. Insurers must offer SUM coverage up to the same bodily injury limits you carry on your own liability policy.
So if you carry $100,000 in liability coverage, your insurer must make $100,000 in SUM available to you.
There's also a meaningful reform that took effect for new policies issued after June 16, 2018. SUM coverage is now default-on. It's automatically included at your liability limits unless the first named insured expressly declines it or selects a lower limit in writing, per Senate Bill S7471, which extended these provisions through 2026.
Before that change, many people were underinsured simply because they didn't know SUM existed or had to actively opt into it.
SUM only pays after the at-fault driver's liability limits have been exhausted. So if the other driver carries the New York minimum of $25,000 and your damages far exceed that, SUM fills the gap between what their policy paid and what your SUM limit allows.
What About Your Car
New York does not require Uninsured Motorist Property Damage (UMPD) coverage the way some other states do. If an uninsured driver damages your vehicle, your options are your own collision coverage (which applies regardless of fault, subject to your deductible) or a UMPD endorsement if you chose to add one contractually.
No-fault PIP offers only very limited property damage reimbursement in narrow circumstances, and well below what most vehicle repairs actually cost.
This is worth knowing before an accident happens. If you carry only the state-mandated minimum coverage with no collision policy, and an uninsured driver totals your car and drives away, your vehicle may not be covered at all.
How the Claims Process Works
Filing a UM or SUM claim involves more procedural steps than most people expect. The process is not the same as a standard third-party liability claim.
You're required to notify your own insurer promptly after the accident and inform them that the other driver was uninsured, unidentified, or underinsured.
For SUM claims specifically, you generally must exhaust the at-fault driver's liability limits through settlement or judgment before your SUM coverage fully kicks in.
If your insurer denies or disclaims coverage, § 3420(d)(2) requires them to give written notice of that denial as soon as reasonably possible, both to you and to any injured third party.
If they fail to meet that obligation, it can have consequences for how they're permitted to proceed.
UM disputes are typically resolved through arbitration, not through a lawsuit against the other driver. Your policy will specify the process, and the timeline and rules matter. Missing a deadline or failing to follow the proper notice procedure can jeopardize a legitimate claim. This is one of the more technical corners of insurance law, and insurers are practiced at enforcing it.
New York's Minimum Coverage Limits at a Glance
| Coverage Type | New York Minimum |
| Liability (bodily injury) | $25,000 per person / $50,000 per accident |
| Mandatory UM (bodily injury) | $25,000 per person / $50,000 per accident |
| SUM (default-on for new policies post-2018) | Up to your liability limits |
| Property damage liability | $10,000 |
| PIP / No-fault | $50,000 in medical; 80% of wages up to $2,000/month |
Sources: New York DMV insurance requirements;New York DFS UM/SUM guidance
The minimums exist as a floor. For anyone who drives regularly in New York, particularly in and around metro areas, those floors can feel inadequate fast once a serious accident occurs.
Understand Your Insurance Coverage Rights
Explore what uninsured motorist coverage actually includes and how it may protect you after serious accidents.
Frequently Asked Questions About Uninsured Motorist Coverage in NY
Is uninsured motorist coverage required in New York?
Yes. Under New York Insurance Law § 3420(f)(1), every motor vehicle liability policy issued or delivered in New York must include uninsured motorist coverage. You cannot opt out of it entirely. The mandatory minimum is $25,000 per person and $50,000 per accident for bodily injury. What you can do is purchase coverage above that floor, which most attorneys and insurance professionals recommend given how quickly medical costs can exceed those limits after a serious accident.
What is the difference between UM and SUM coverage in New York?
Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all. Supplementary Uninsured/Underinsured Motorist (SUM) coverage applies when the at-fault driver has insurance, but their limits aren't enough to fully compensate you for your losses. SUM kicks in after the other driver's policy is exhausted. Both are governed by New York Insurance Law § 3420(f). For policies issued after June 16, 2018, SUM is default-on at your liability limits unless you decline it in writing.
Can I make a UM claim after a hit-and-run in New York?
Yes, but only if there was physical contact between the fleeing vehicle and you or your car. This is known as the "physical contact rule" under § 3420(f)(3), and New York courts apply it strictly. If a car forced you off the road without making contact, UM coverage may not apply. You should still report the incident to your insurer promptly and document everything you can, because the facts of each case matter and an attorney can help you assess your options.
How much can I recover through uninsured motorist coverage?
Your recovery is capped at your UM or SUM policy limits. At the statutory minimum, that's $25,000 per person. If you purchased higher limits, such as a SUM rider matching $100,000 in liability coverage, that becomes the ceiling. You also must meet the "serious injury" threshold defined in New York Insurance Law § 5102(d) to recover for pain and suffering. UM coverage does not pay for losses already covered by your no-fault/PIP benefits.
What counts as a "serious injury" for a UM claim in New York?
Under § 5102(d) of the New York Insurance Law, serious injury includes death, dismemberment, significant disfigurement, bone fractures, loss of a fetus, permanent loss of use of a body organ or member, and permanent consequential or significant limitation of a body function or system.
What should I do immediately after being hit by an uninsured driver?
Call the police and get an accident report, even if the other driver is cooperative. Collect as much information as possible at the scene, including photos, witness contact information, and the other driver's license plate. Notify your own insurance company promptly, because UM and SUM policies have strict notice requirements. Delay in reporting can give an insurer grounds to deny your claim.
Will my insurance rates go up if I file a UM claim?
Potentially, yes. Filing a claim under your own policy, including a UM or SUM claim, can affect your premiums depending on your insurer and your policy terms. New York law does not categorically prohibit insurers from adjusting rates after a UM claim.
Does uninsured motorist coverage pay for vehicle damage in New York?
Generally, no. New York does not mandate Uninsured Motorist Property Damage (UMPD) coverage. If an uninsured driver damages your vehicle, you would typically need collision coverage on your own policy to pay for repairs, subject to your deductible. Some insurers offer UMPD as a contractual add-on, but it is not required under state law. If you carry only the minimum required coverage with no collision policy, your vehicle damage may not be covered at all.
How does SUM coverage work if the other driver has some insurance but not enough?
SUM pays the difference between what the at-fault driver's liability policy covers and your actual damages, up to your SUM limits. For example, if the at-fault driver carries $25,000 in liability coverage and your documented losses total $100,000, their insurer pays $25,000 and your SUM coverage (if you carry at least $100,000 in SUM) can cover the remaining $75,000.
How long do I have to file a UM or SUM claim in New York?
The timeframe is governed by your policy terms, not just the general statute of limitations, and it varies by insurer. Most policies require prompt written notice after the accident and impose specific deadlines for initiating arbitration. Missing these deadlines can result in a denial regardless of how strong your underlying claim is. The general personal injury statute of limitations in New York is three years under CPLR § 214, but your policy's notice and arbitration requirements are separate and often shorter.
Should I get a lawyer for a UM or SUM claim?
In most serious injury cases, yes. UM and SUM claims are handled by your own insurer, not the other driver's, but that doesn't mean the process is simple or that the insurer will pay what the claim is worth. Insurers have experienced claims adjusters and legal teams. An attorney who handles these cases can document your damages properly, navigate the arbitration process, and push back if the insurer undervalues your claim.
Summing It Up
Uninsured motorist coverage in New York is legally required, but the mandatory minimum is modest, and the rules around when and how it applies are more technical than the name suggests.
If you've been seriously injured and the driver who caused it has no insurance, or not enough, your own policy may be your primary source of meaningful compensation.
The Porter Law Group represents injured New Yorkers in personal injury cases, including those involving uninsured and underinsured motorist claims. You can reach us to discuss your situation with no obligation.
This article is intended as general legal information and not as legal advice specific to your situation. Prior results do not guarantee similar outcomes.
