Most people assume that the driver who hit them carries enough insurance to cover the damage. That assumption fails more often than you would expect. New York requires drivers to carry minimum liability coverage, but those minimums can be exhausted in minutes by a single serious crash, and a significant share of vehicles on New York roads are operated by drivers carrying no insurance at all. If the driver who hurt you had no policy or not enough of one, you still have legal options, and those options begin with your own insurance policy.
At Porter Law Group, attorney Michael S. Porter and his team represent people injured by uninsured and underinsured drivers throughout New York State. Call (833) 767-8379 or email info@porterlawteam.com for a free consultation. No fee unless we win.
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Uninsured motorist (UM) coverage is not an optional add-on. Under New York Insurance Law Section 3420(f), every motor vehicle liability policy issued in New York must include UM coverage. The legislature required it because the law recognizes that some drivers will operate vehicles without valid insurance, and innocent victims should not be left without any source of recovery.
When the driver who caused your crash has no insurance, you file a claim under your own policy's UM provision. Your insurer then steps into the position of the uninsured driver and is responsible for compensating you for your injuries, up to the limits of your UM coverage.
New York law defines an uninsured motor vehicle broadly. The category includes:
A vehicle covered by a policy that does not meet New York's minimum liability requirements
A vehicle with no liability insurance policy in force at the time of the accident
A vehicle whose insurer denied coverage or became insolvent after the crash
A vehicle involved in a hit-and-run accident where the driver cannot be identified, subject to specific reporting requirements
Underinsured motorist coverage, often called UIM or SUM (supplemental uninsured motorist) coverage in New York, applies when the at-fault driver does have insurance, but their policy limits are too low to fully compensate you for your losses.
New York requires drivers to carry minimum bodily injury liability coverage of $25,000 per person and $50,000 per accident. In any serious crash involving hospitalization, surgery, lost income, and long-term rehabilitation, those minimums can be exhausted quickly. When the at-fault driver's policy is fully paid out and your damages still exceed that amount, your own UIM coverage can bridge the gap, up to your policy limits.
A straightforward example. If your total damages are $200,000 and the at-fault driver's insurer pays out its $25,000 policy limit, your UIM coverage could provide up to an additional $175,000, depending on your policy limits and the offset provisions in your contract.
New York uses a "supplemental" UIM framework, meaning your SUM coverage pays the difference between what the at-fault driver's insurer pays and your total damages, subject to your SUM limits. Reviewing your own declarations page with an attorney to understand exactly what coverage you have is an important first step after any serious crash.
For a broader explanation of how no-fault and third-party coverage interact in New York, read our article on understanding New York's no-fault insurance law.
One of the most important things to understand about uninsured and underinsured motorist claims in New York is how they are resolved. Unlike a standard personal injury lawsuit against a third-party driver, most UM and UIM disputes in New York are resolved through binding arbitration rather than a court trial.
Why arbitration? New York Insurance Law and the standard policy language required under Section 3420(f) mandate arbitration as the method for resolving disputes between a policyholder and their own insurer over a UM or UIM claim. You are not suing the at-fault driver in court. You are presenting your claim against your own insurer before a neutral arbitrator.
How the process works:
The process begins when your insurer disputes the value of your claim or denies coverage. You or your attorney files a demand for arbitration with the American Arbitration Association (AAA) or the arbitration body designated in your policy. Both sides then exchange medical records, expert reports, wage loss documentation, and other evidence, similar to the discovery phase of a lawsuit. A hearing follows, where an arbitrator or panel reviews the evidence and hears arguments from both sides. The arbitrator then issues a binding award.
That binding award is final. It can only be challenged in court on very narrow grounds, such as fraud or arbitrator misconduct. There is no appeal based on disagreement with the outcome. This is why preparation is the single most important factor in a UM or UIM arbitration. The case you present at the hearing is the case you get.
Your own insurer, despite having a contractual obligation to pay your claim, has every financial incentive to minimize the award. Their claims team will scrutinize your medical records, contest the severity of your injuries, and argue for the lowest possible value. Representing yourself in this process puts you at a serious structural disadvantage.
The steps you take in the hours following a crash with an uninsured or underinsured driver directly affect whether your UM or UIM claim succeeds.
The damages available in a UM or UIM claim mirror what you could recover in a standard personal injury lawsuit against an at-fault driver. They include:
Economic damages: Past and future medical expenses including emergency care, surgery, hospitalization, physical therapy, and ongoing treatment; lost wages during recovery; reduced earning capacity if your injuries are permanent; property damage to your vehicle; and out-of-pocket costs including transportation to medical appointments.
Non-economic damages: Physical pain and suffering; emotional distress; loss of enjoyment of life; permanent disability or disfigurement; and loss of consortium for your spouse or family.
Wrongful death damages: When an uninsured or underinsured driver causes a fatal crash, surviving family members may recover funeral and burial expenses, the economic value of the deceased's future earnings and household contributions, and compensation for loss of companionship. Our wrongful death lawyers handle these cases throughout New York.
New York's no-fault PIP coverage pays the first $50,000 in medical expenses and 80 percent of lost wages up to $2,000 per month regardless of fault. For injuries that meet the serious injury threshold under Insurance Law Section 5102(d), a UM or UIM claim allows you to pursue all the damages that no-fault does not cover.
The value of a UM or UIM claim depends on the severity and permanence of your injuries, the available policy limits on both the at-fault driver's policy and your own SUM coverage, and the strength of the evidence at arbitration. The table below reflects the general ranges we see in New York UM and UIM cases.
| Injury Type | Typical Recovery Range |
| Soft tissue injuries with full recovery, no surgery | $15,000 to $75,000 |
| Fractures or moderate injuries requiring surgery or extended therapy | $75,000 to $300,000 |
| Serious injuries with permanent restrictions, spinal damage, or head trauma | $300,000 to $1,000,000 |
| Catastrophic injuries including TBI, paralysis, or permanent disability | Up to your SUM policy limits |
| Wrongful death | Varies based on the deceased's age, earnings, and family circumstances |
Your SUM policy limits cap what can be recovered through your own insurer. This is why reviewing your declarations page with an attorney after any serious crash, not just when you have a claim, is important. Many New Yorkers discover their limits are inadequate only after they need them. For more context on how car accident claims are valued in New York, visit our car accident settlement amounts page.
Many people discover coverage they did not know existed after a crash. If you do not own a vehicle or think you have no applicable policy, these sources may still provide coverage:
A household family member's policy. If you live with a family member who owns a vehicle, their UM and UIM coverage may extend to you as a resident of the household, even if you were not in their vehicle at the time of the crash.
The vehicle you were riding in. As a passenger in another person's vehicle, you may be covered under the UM or UIM coverage on that vehicle's policy.
Your own policy for pedestrian and bicycle crashes. If you are struck as a pedestrian or cyclist by an uninsured driver, your own auto insurance UM coverage may still apply.
MVAIC. If you have no applicable insurance and were hurt by an uninsured or hit-and-run driver, the Motor Vehicle Accident Indemnification Corporation may provide coverage for eligible claimants. Our hit-and-run accident lawyers handle MVAIC claims and can advise on eligibility.
Several deadlines govern UM and UIM claims, and some are much shorter than most people expect.
Notice to your insurer: Most UM policies require notice "as soon as practicable" after the accident. Waiting weeks or months without notifying your insurer can provide grounds to deny coverage.
No-fault PIP application: Must be submitted within 30 days of the accident to preserve your right to no-fault benefits.
Arbitration demand deadline: Your policy may specify a contractual deadline for filing a demand for arbitration that is shorter than the three-year personal injury statute of limitations. Review your policy carefully.
Personal injury statute of limitations: Three years from the date of the accident under CPLR Section 214(5) for claims against private parties.
Wrongful death: Two years from the date of death under Estates, Powers and Trusts Law Section 5-4.1.
Hit-and-run notice requirement: If your UM claim involves an unidentified driver, New York law and your policy typically require reporting the accident to police within 24 hours and notifying your insurer promptly. Missing these requirements can end the claim.
For a full breakdown of applicable deadlines, visit our page on the statute of limitations for car accident claims in New York.
Not Sure If You Have Enough Coverage to Recover Your Losses?
Talk to a New York uninsured motorist accident lawyer at Porter Law Group about your UM and UIM options, what your claim is worth, and how arbitration works.
Michael S. Porter founded Porter Law Group to represent injured New Yorkers and their families in serious accident cases. He is a graduate of Harvard University and Syracuse University College of Law. He served as a Captain in the U.S. Army Judge Advocate General's Corps before entering private practice. He has been selected to Super Lawyers for 14 consecutive years, from 2012 through 2025, and holds a 10.0 Superb rating on Avvo and a Distinguished rating from Martindale-Hubbell.
No fee unless we win. All UM and UIM cases are handled on a contingency basis. You pay nothing unless we recover compensation for you.
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You can review our case outcomes on our Results page, read client experiences on our Testimonials page, and meet our team on our Attorneys and Staff page.
Porter Law Group represents people injured by uninsured and underinsured drivers throughout New York. No matter where your crash occurred, our team is ready to help.
Upstate New York. We represent clients in Albany, Rochester, Utica, Binghamton, Saratoga Springs, Ithaca, and communities across the state. New York Insurance Law Section 3420(f)'s mandatory UM requirement applies wherever in New York your crash occurred.
New York City. All five boroughs see significant uninsured motorist crashes. Crashes involving MTA vehicles, city-owned cars, or government-operated property trigger the 90-day Notice of Claim deadline under General Municipal Law Section 50-e, which applies in addition to your UM or UIM claim.
Long Island. We represent uninsured and underinsured motorist accident victims throughout Nassau and Suffolk Counties, including crashes on the Long Island Expressway and the surface road network.
Westchester and the Hudson Valley. We serve injured clients in White Plains, Yonkers, and throughout Westchester County and the Hudson Valley, including crashes on county roads and parkways.
Central New York and Syracuse. We represent clients throughout Onondaga County and the surrounding region, including crashes on I-81, I-90, and the surface roads of the Syracuse metro area.
Western New York and Buffalo. We handle UM and UIM cases throughout Erie and Niagara Counties, including crashes on I-90 and the road network surrounding Buffalo.
Underinsured motorist coverage, called SUM coverage in New York, pays the difference between your total damages and what the at-fault driver's liability insurer pays, up to your SUM policy limits. It applies when the at-fault driver has insurance but their limits are too low to cover your full losses. For example, if your damages are $150,000 and the at-fault driver's insurer pays out its $25,000 policy, your SUM coverage can provide up to an additional $125,000, depending on your limits and offset provisions. SUM coverage is not separately mandated in New York the way UM coverage is, but it is included in most standard policies. Reviewing your declarations page with an attorney after any serious crash helps you understand exactly what protection you have.
The maximum you can recover through your own SUM coverage is capped by your policy limits. Beyond that cap, the amount you actually receive depends on the severity and permanence of your injuries, the strength of your evidence at arbitration, and how your insurer values the claim. Cases involving fractures, spinal injuries, or traumatic brain injuries that meet the serious injury threshold under Insurance Law Section 5102(d) tend to recover more because they involve substantial medical expenses, lost income, and non-economic losses. An attorney can review your specific coverage, your injuries, and your damages to give you a realistic assessment of what your claim may be worth.
Under New York Insurance Law Section 3420(f), your own auto policy must include uninsured motorist coverage. When the at-fault driver has no insurance, you file a claim under your own policy's UM provision, and your insurer compensates you as if it were the at-fault party, up to your UM limits. If your insurer disputes the value of the claim, the dispute is resolved through binding arbitration. You can also file a civil lawsuit directly against the uninsured driver personally, though collecting on a judgment can be difficult if the driver has limited assets. An attorney can evaluate both options and advise on the best strategy given the facts of your case.
Yes. If you were struck as a pedestrian by an uninsured driver, your own auto insurance UM coverage may apply even though you were not in a vehicle. If you do not own a vehicle, a household family member's policy may extend coverage to you as a resident of the household. If no applicable insurance exists, MVAIC may provide coverage for eligible pedestrian claimants subject to strict 90-day filing requirements.
Your insurer has a contractual obligation to pay your UM or UIM claim, but it also has a financial incentive to minimize what it pays. In arbitration, your insurer acts in an adversarial role, presenting its own evidence and arguments for a lower award while you present yours. This is structurally different from a standard liability claim against a third-party insurer. It is also why having an attorney who understands both New York insurance law and the arbitration process makes a significant difference in the outcome. The case you present at the arbitration hearing is the case you get. There is no second chance.
Filing a UM claim after being injured by an uninsured driver should not automatically result in a premium increase in New York. New York Insurance Law generally prohibits insurers from surcharging or penalizing policyholders for filing UM claims when the policyholder was not at fault. However, the specific terms of your policy and the circumstances of the claim can affect this. An attorney can advise you on what to expect in your specific situation before you file.
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]
Being injured by a driver with no insurance, or not enough, feels like being penalized for someone else's irresponsibility. New York law was designed to prevent that outcome. Your own policy has coverage that exists specifically for this situation. Porter Law Group is ready to help you access it.
Call (833) 767-8379 or email info@porterlawteam.com. Consultations are free, available around the clock, and carry no obligation.
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