QUICK ANSWER
Why Do I Need Uninsured Motorist Insurance in New York?
You need uninsured motorist (UM) coverage because not every driver on the road carries insurance. UM pays for your bodily injuries when the at-fault driver has no auto insurance or flees the scene. It is separate from your no-fault Personal Injury Protection (PIP), which covers medical bills up to $50,000 regardless of fault.
In New York, uninsured motorist coverage is not optional. By law, every auto policy issued in New York must include UM coverage. Insurance Law § 3420(f) has required it since 1958. Your insurer cannot sell you a policy without it, and you cannot waive it.
The mandatory minimums of UM — $25,000 per person and $50,000 per accident — only go so far. A serious crash on the Long Island Expressway or Southern State Parkway can lead to damages that blow past $25,000 before you leave the hospital.
That is where Supplemental Uninsured/Underinsured Motorist (SUM) coverage comes in. It is one of the most overlooked protections in a New York auto policy.
Key Takeaways for New York Uninsured Motorist Coverage
- Every New York auto insurance policy must include UM coverage with minimum limits of $25,000 per person and $50,000 per accident.
- UM is separate from no-fault Personal Injury Protection (PIP), which covers medical bills and other related costs up to $50,000 regardless of who caused the crash.
- SUM coverage is optional but can provide higher limits and also covers crashes with underinsured drivers whose policies are too low to pay for your injuries.
- Uninsured and underinsured motorist claims in New York are typically resolved through binding arbitration rather than a courtroom trial.
- To proceed with underinsured coverage, typically a recovery of the full available insurance coverage from the at-fault driver is first required. If that driver left the scene and is unable to be identified, you can proceed directly with a SUM claim.
- New York's three-year statute of limitations applies to actions against at-fault parties, but most policies require you to notify your insurer much sooner.
What Is the Difference Between UM, SUM, and PIP Coverage in New York?
These three types of coverage protect you in different situations and pay for different types of losses. Mixing them up is one of the most common sources of confusion for Long Island drivers after a crash.
| Coverage | What It Pays For | When It Applies | Required? |
|---|---|---|---|
| PIP (Personal Injury Protection) | Medical bills, lost wages and other expenses (up to $50,000) | Every accident, regardless of fault | Yes |
| UM (Uninsured Motorist) | Bodily injury from an uninsured or hit-and-run driver | When the at-fault driver has no insurance or left the scene | Yes |
| SUM (Supplemental Uninsured/Underinsured) | Bodily injury at higher limits, including underinsured drivers | When the at-fault driver has no or insufficient insurance | No, but recommended |
PIP Pays First, Regardless of Fault
After any car accident in New York, your no-fault PIP coverage kicks in automatically. It covers medical expenses and a portion of lost wages up to $50,000, no matter who caused the crash. You file this claim with your own insurer or the vehicle in which you were riding at the time of the collision.
PIP does not cover pain and suffering. It only covers economic losses, and it caps out at $50,000.
UM Covers What the Uninsured Driver Cannot Pay
If an uninsured driver causes your injuries, UM coverage steps in to pay for bodily injury losses. You typically file the UM claim with your own insurance company — not the other driver's. If you were in someone else’s vehicle at the time of the crash, you file the UM claim with that vehicle’s insurance as well as your own to protect your interests.
UM also applies to hit-and-run crashes where the driver cannot be identified. On high-speed roads like Sunrise Highway, Northern State Parkway, and Route 110, hit-and-run incidents leave victims with no one else to pursue.
SUM Adds Higher Limits and Covers Underinsured Drivers
Supplemental uninsured/underinsured motorist coverage (SUM) is optional, but New York law requires every insurer to offer it. SUM does everything UM does, plus it covers a situation UM cannot — when the at-fault driver has insurance but their limits are too low to cover your damages.
New York's minimum bodily injury liability is only $25,000 per person. A driver carrying that minimum who causes a serious accident may owe far more than their policy can pay. SUM bridges that gap using your own policy.
What Happens if an Uninsured Driver Hits You in New York?
Your own UM or SUM policy becomes your primary source of compensation for bodily injuries. The process works differently than a standard car accident claim.
Here is how an uninsured motorist claim in New York typically unfolds:
- You report the accident to the police and to your own insurance company as soon as possible, because most policies require prompt notice
- Your insurer investigates the crash, including confirming the at-fault driver is uninsured through the Department of Motor Vehicles records and police reports
- You receive no-fault PIP benefits for medical bills and lost wages while the UM claim is evaluated
- If your injuries meet the serious injury threshold, you pursue a UM claim for pain and suffering
- Disputes over the value of your claim go to binding arbitration, not a jury trial
Your own insurance company is on the other side of this claim. They are paying out of pocket, so they investigate aggressively and often challenge the severity of your injuries.
What Are the Reporting Requirements for Hit-and-Run UM Claims on Long Island?
Hit-and-run accidents require immediate action. You must file a police report as soon as possible after the crash, because your UM insurer will need that report to process the claim.
Most insurance policies also require you to notify your carrier within a specific window — often 24 to 48 hours or "as soon as practicable." Late reporting gives your insurer grounds to deny the claim, even if the three-year statute of limitations has not expired.
For hit-and-run crashes on busy Long Island corridors like the LIE or Southern State Parkway, quick reporting also improves the chances of preserving traffic camera footage before it is overwritten.
What Is New York's Serious Injury Threshold?
New York's no-fault system does not allow pain and suffering claims for every car accident injury. To pursue non-economic damages through a UM or SUM claim, your injuries must qualify under one of nine categories listed in Insurance Law § 5102(d).
Those categories include fractures, permanent loss of use, significant disfigurement, permanent consequential limitation of a body organ or member, and significant limitation of use of a body function or system.
Soft tissue injuries like herniated discs can meet the threshold, but they require objective medical evidence showing measurable functional limitations.
Is UM/UIM Coverage Required in New York?
UM coverage is mandatory. Every New York auto policy must include it at minimum limits of $25,000/$50,000.
Underinsured motorist (UIM) coverage comes through the SUM endorsement and is not required. But your insurer must offer it when you purchase or renew your policy. Declining SUM leaves you with only the basic UM minimums. You can obtain SUM limits up to the limits of your own liability policy. For example, if you carry a liability policy on your car of $300,000, your SUM limit can match at $300,000.
The New York State Department of Financial Services provides consumer guidance on minimum coverage requirements and your right to purchase higher SUM limits.
How Does Arbitration Work for Uninsured Motorist Claims on Long Island?
Most UM claims are resolved through binding arbitration instead of a courtroom trial. Your insurance policy almost certainly contains an arbitration clause for these disputes.
The American Arbitration Association (AAA) administers most of these proceedings in New York. The process works like a simplified trial, with both sides presenting evidence, submitting medical records, and arguing their positions before a neutral arbitrator.
Here is what the arbitration process generally looks like:
- Your attorney files a demand for arbitration with your UM carrier and the AAA
- The insurance company may challenge whether the claim qualifies, which a court may need to resolve first
- Both sides exchange medical records, accident reports, and other evidence
- A hearing takes place where each side presents its case
- The arbitrator issues a binding decision with very limited ability to appeal
For Long Island residents, hearings may be scheduled in Nassau or Suffolk County. Strong preparation matters because the decision is final in most cases.
Ask Rosenberg & Gluck About New York Uninsured Motorist Coverage
Q: What if a hit-and-run driver injures me on Long Island and I cannot identify them?
A: Your UM coverage applies to accidents involving unidentified drivers. You will need a police report documenting the hit-and-run. The claim is filed with your own insurer, and the same arbitration process applies. Acting quickly to preserve traffic camera footage along the LIE or Hempstead Turnpike can strengthen your case.
Q: Can I sue an uninsured driver directly in New York?
A: You can file a lawsuit, but collecting a judgment from an uninsured driver is often difficult. Most lack the assets to pay a significant judgment. That is why UM and SUM coverage exist — they let you recover from your own policy instead of chasing an empty judgment.
Q: Does my UM coverage apply if I am a pedestrian hit by an uninsured driver?
A: Yes. If you have a New York auto policy with UM coverage, it extends to you as a pedestrian, bicyclist, or passenger in another vehicle. Household family members are typically covered as well, but not always. Speaking to an attorney can help sort out the specific coverage situation you face.
How Much Uninsured Motorist Coverage Should Long Island Drivers Carry?
The mandatory minimum of $25,000 per person is a starting point, not a safe landing place. Damages following a serious crash can easily exceed that amount.
SUM coverage closes the gap. New York law requires your insurer to offer SUM limits matching your liability coverage.
| Coverage Level | UM (Mandatory) | SUM (If Purchased) | Best For |
|---|---|---|---|
| State minimum | $25,000 / $50,000 | Not purchased | Budget only |
| Moderate | $25,000 / $50,000 | $100,000 / $300,000 | Most Long Island drivers |
| Higher protection | $25,000 / $50,000 | $250,000 / $500,000 | Families and higher earners |
The premium increase for higher SUM limits is often modest. Drivers who commute daily on Long Island's highways or travel high-traffic corridors have more exposure and more reason to carry adequate SUM. Homeowners policies also sometimes offer excess SUM coverage as an add-on, but often require you to maintain a minimum auto policy with SUM coverage.
Our Long Island Uninsured Motorist Accident Lawyers Answer Your Questions
Can my insurance company deny my UM claim?
Yes. Your insurer may argue that the at-fault driver was actually insured, that your injuries do not meet the serious injury threshold, or that you failed to provide timely notice. A denial does not end the process. You have the right to demand arbitration.
What is the deadline for filing an uninsured motorist claim in New York?
The statute of limitations is three years from the date of the accident under CPLR § 214. However, your policy may require earlier notice. Missing a policy-based deadline can jeopardize your claim even if the three-year statutory period has not run out.
Does UM coverage pay for property damage to my vehicle?
No. New York's mandatory UM coverage applies to bodily injury only. Vehicle repairs require collision coverage on your own policy. UM and SUM are designed to cover physical injuries, pain and suffering, and related losses.
What if the at-fault driver has insurance but not enough to cover my injuries?
That is what SUM coverage addresses. If the other driver's liability limits fall short of your actual damages, your SUM policy pays the difference up to your SUM limit. The Insurance Information Institute provides additional consumer resources on coverage options.
Do I still get no-fault PIP benefits if the other driver is uninsured?
Yes. PIP benefits are paid regardless of fault and regardless of the other driver's insurance status. You receive up to $50,000 for medical expenses and lost wages. Your UM or SUM claim is separate and covers damages beyond PIP, including pain and suffering.
The Coverage You Already Pay For Could Be the One That Saves You
If you carry only the state minimum, a serious crash with an uninsured driver could leave you with medical bills and lost income that far exceed your policy limits. Reviewing your SUM coverage now is one of the smartest things a Long Island driver can do.
If you have already been hurt by an uninsured or underinsured driver, our uninsured motorist lawyers at Rosenberg & Gluck, LLP can review your policy and handle the arbitration process. We take cases on a contingency fee basis, so you pay us nothing unless we win your case. Our consultations are free. We serve clients in English and Spanish.
Contact us online or call (631) 451-7900 to discuss your claim or visit us at our offices nearest you.
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