Hit by an Uninsured Driver in New York? Your UM/UIM Rights
Updated: 1 day ago
Updated October 22, 2026
By a New York Personal Injury Attorney
Picture this: You're driving through Queens on a rainy afternoon, carefully making your way through the crowded streets, when CRASH, a car slams into yours at an intersection. As the shock wears off and you begin to feel the pain in your neck and back, the other driver sheepishly admits they don't have insurance. Or maybe they have insurance, but only the bare minimum that won't begin to cover your mounting medical bills and lost wages.
Key takeaways
Every New York auto policy includes uninsured motorist coverage, which can protect you after a crash with an uninsured or hit-and-run driver.
If the at-fault driver's liability limits are lower than your own, your SUM coverage may help cover the gap, up to your SUM limit minus what the other driver's insurer pays.
Give your own insurer written notice of a possible UM or SUM claim as soon as you can after the accident.
Never accept the other driver's policy-limits settlement without first getting your own insurer's written consent, or you risk losing SUM benefits.
Check your declarations page now and consider carrying SUM limits that match your liability limits.
If you're thinking, "that would never happen to me," think again. According to recent data from the Insurance Research Council, approximately 14% of motorists nationwide were driving without insurance in 2022, and in New York, even with our strict insurance requirements, about 6.1% of drivers are uninsured.
This is where understanding Uninsured Motorist (UM) and Supplementary Uninsured/Underinsured Motorist (SUM) coverage becomes your financial lifeline.
What Exactly Is UM/UIM (SUM) Coverage?
Let me break this down in simple terms:
Uninsured Motorist (UM) coverage is built into every single auto insurance policy in New York—it's not optional. This coverage protects you and your passengers if you're injured by a driver who has absolutely no insurance, is driving a stolen vehicle, or hits you and flees the scene (a hit-and-run).
Supplementary Uninsured/Underinsured Motorist (SUM) coverage (New York's term for UIM coverage) steps in when the at-fault driver has insurance, but their liability limits are lower than yours and too low to fully compensate you. Think of it as a safety net for when the other driver's coverage falls short.
For example, if you suffer $100,000 in damages but the driver who hit you only carries the state minimum $25,000 per person coverage, SUM coverage with a $100,000 limit can pay the remaining $75,000, because SUM pays up to its limit minus what the other driver's insurer paid.
How UM/UIM Coverage Evolved in New York: A Brief History
New York's journey with these protections has evolved significantly over the decades:
1958: New York became a pioneer, making UM coverage mandatory in all auto liability policies (N.Y. Insurance Law § 3420(f)(1)).
1977: SUM coverage was introduced as an optional add-on available for purchase (N.Y. Insurance Law § 3420(f)(2)).
June 2018: For personal auto policies first issued since then, SUM coverage equal to your bodily injury liability limits is included unless the first named insured signs a written waiver declining it or choosing lower limits (NY Insurance Law § 3420(f)(2-a)); policies first issued before then and simply renewed still require you to ask for it (§ 3420(f)(2)(A)). This means if you carry $100,000/$300,000 liability coverage on a newer policy, your SUM coverage is $100,000/$300,000 unless a waiver was signed.
This is particularly significant because a signed waiver, or a policy first issued before mid-2018, can leave you with SUM limits below your liability limits, or with no SUM at all, so check your declarations page. Previously, many drivers were unaware they could or should purchase higher SUM limits.
Real-World Impact: Why This Coverage Matters
Here is a hypothetical example. Suppose Maria is T-boned by a driver who runs a red light in Brooklyn. Her injuries require surgery and months of physical therapy, and her losses beyond what no-fault pays come to $85,000. The at-fault driver has only the minimum $25,000 in coverage. Without SUM coverage, Maria would have no insurance to cover the remaining $60,000. With SUM limits of $100,000, her own policy covers the gap.
Or suppose James, in a second hypothetical, is struck while crossing the street by a hit-and-run driver. With no at-fault driver to pursue, no-fault benefits pay his medical expenses and part of his lost income, and his UM coverage is the only option for the rest of his damages.
Recent Legal Developments and Regulatory Changes
Beyond the SUM rules in the statute, several other developments have shaped how these coverages function:
DFS Regulation 35-D (11 NYCRR 60-2) provides detailed clarification of your rights and the claims process.
The Court of Appeals has long held that a hit-and-run claim under the UM endorsement requires physical contact with the unidentified vehicle (Matter of Smith [Great Am. Ins. Co.], 29 N.Y.2d 116 (1971)), though contact can include a part that comes off that vehicle and strikes yours (Matter of Allstate Ins. Co. v. Killakey, 78 N.Y.2d 325 (1991)).
In Travelers Indemnity Co. v. Panther, 61 A.D.3d 984 (2d Dep't 2009), the court held that when the other driver is identified, "the issue of whether there was actual physical contact is irrelevant," and sent the case back for a hearing on whether the claim was timely and whether the insured had protected the insurer's subrogation rights.
Arbitration decisions through the American Arbitration Association (AAA), which administers the SUM Arbitration Program on behalf of the NY Department of Financial Services, continue to shape how these claims are handled and valued.
The Claims Process: A Step-by-Step Guide to Getting Paid
If you're injured in an accident and discover the other driver is uninsured or underinsured, follow these steps to protect your rights under your policy:
Step 1: Notify Your Insurance Company Immediately
Don't delay—written notice should be given "as soon as practicable," ideally within 30 days of the accident or when you first learn that the other driver lacks adequate insurance.
I've seen valid claims denied because clients waited too long to notify their insurer. Late notice is not always the end of a claim, though. In In re Brandon (97 N.Y.2d 491, 2002), the New York Court of Appeals held that an insurer could not deny SUM coverage because the insured was late in sending it the papers from his lawsuit against the at-fault driver unless the insurer showed the delay harmed it.
The law has also changed for late notice of the claim itself. In Slocum v. Progressive Northwestern Insurance, 137 A.D.3d 1634 (4th Dep't 2016), the court explained that, effective January 2009, an insurer may not deny coverage based on untimely notice "unless the failure to provide timely notice has prejudiced the insurer." Even though the insured's notice in that case was unreasonably late, the insurer could not show prejudice and had to provide SUM coverage. Prompt notice is still the safest course, because an insurer that can show real harm from a delay may still deny the claim.
Step 2: Gather and Preserve Evidence
Collect:
Police Accident Report (MV-104A)
All medical records and bills
Documentation of lost wages
Photos of the accident scene and vehicle damage
Insurance information for all involved parties
Witness statements
The more thoroughly you document your case, the stronger your position.
Expect the other side to use every tool it has: surveillance, insurance medical exams, recorded statements, your social media, and a line-by-line review of your medical records. Assume anything you say or post will be read.
Step 3: Request "Consent to Settle" (for SUM/UIM claims)
This step is critically important but often overlooked. If the at-fault driver's insurer offers their policy limits, you must get your own insurer's written consent before accepting that settlement. Failure to do so could jeopardize your right to SUM benefits.
Your carrier has the right to evaluate whether the settlement offer truly exhausts the other driver's coverage and whether they want to preserve their subrogation rights against the at-fault driver.
Courts hold insureds to this rule. In Matter of Progressive Cas. Ins. Co. v. Lai, 2026 NY Slip Op 00134 (2d Dep't 2026), an insured who settled with the at-fault driver for the policy limit without her SUM insurer's written consent lost her SUM coverage, because she could not show the insurer had waived the requirement or that her release preserved its subrogation rights. Similarly, in Davis v. New York Schs. Ins. Reciprocal, 2024 NY Slip Op 00998 (2d Dep't 2024), an insured who settled with the at-fault driver and other defendants before asking for consent lost SUM coverage. His attorney's oral statement that he would seek SUM benefits did not show that the releases protected the insurer's subrogation rights.
Step 4: Prove Exhaustion of the Other Driver's Coverage
You'll need to provide proof (typically a copy of the settlement check and release) showing you've collected the maximum available from the at-fault driver's insurance.
Step 5: Submit Your UM/SUM Claim
After the above steps are complete, submit a formal claim to your carrier with all supporting documentation of your injuries and damages.
Step 6: Consider Arbitration or Litigation
If your insurer disputes your claim or offers an inadequate settlement, you have options:
For UM claims, either you or your insurer can demand arbitration
For SUM claims where your coverage exceeds the statutory minimum, only you (the insured) can demand arbitration
You may also have the option to litigate rather than arbitrate
The American Arbitration Association (AAA) administers SUM arbitrations in New York, with hearing sites throughout the state.
Sample Notification Letter Template
A template like this could be used to notify your insurer of a potential UM/SUM claim:
Dear Claims Representative:
Please consider this letter formal written notice of my potential claim for Uninsured/Underinsured Motorist benefits under my automobile policy referenced above.
On [date], I was involved in a motor vehicle accident at [location]. The driver who caused the accident, [other driver's name if known], [has no insurance/has insufficient insurance limits] to fully compensate me for my injuries and damages.
[Include brief description of accident and injuries]
Enclosed please find:
1. Copy of the Police Accident Report
2. Copy of other driver's insurance information (if available)
3. Initial medical records
Please acknowledge receipt of this notice, assign a claim number, and provide the name and contact information of the adjuster who will be handling this matter.
Nothing in this letter should be construed as a waiver of any of my rights under my insurance policy or applicable law.
Common Questions About UM/UIM Coverage
Q: Will filing a UM/UIM claim raise my insurance premiums?
A: New York regulations prohibit insurance companies from surcharging or non-renewing your policy solely because you filed a UM/UIM claim when you weren't at fault. This consumer protection encourages drivers to use the coverage they've paid for without fear of penalty.
Q: How long do I have to file a UM/UIM claim?
A: While you must give prompt notice of the claim, New York allows you up to six years from the time you satisfy all policy conditions to demand arbitration (Rekemeyer v. State Farm, 4 N.Y.3d 468, 2005). However, don't wait—earlier claims are typically easier to document and prove.
Q: How much SUM coverage should I carry?
A: I recommend carrying SUM coverage equal to your liability limits. If you have significant assets to protect and carry high liability limits (such as $250,000/$500,000 or more), you should have equivalent SUM coverage. The incremental cost for higher limits is surprisingly affordable compared to the protection it provides.
Q: Can I stack coverage from multiple policies?
A: Generally no. New York law prohibits "stacking" SUM/UM benefits from more than one policy for the same loss. However, there are nuanced exceptions. If you have multiple vehicles on separate policies or live in a household with other insured drivers, consult with an attorney about how these policies might interact.
Q: If I'm injured while riding as a passenger, whose insurance applies?
A: You can typically claim under the UM/UIM coverage of the vehicle you were in. If that coverage is insufficient, you may be able to claim under your own auto policy's UM/UIM coverage if you have higher limits.
Q: What if I'm hit while riding a bicycle or as a pedestrian?
A: Your auto policy's UM/UIM coverage typically extends to you even when you're not in your car. If you're struck by an uninsured or underinsured motorist while walking, cycling, or even as a passenger in someone else's vehicle, your own UM/UIM coverage can protect you.
The Bottom Line: Be Proactive About Your Coverage
Don't wait until after an accident to discover you have inadequate protection. Take these steps today:
Check your policy declarations page to verify your current SUM limits
Consider increasing your SUM coverage to match your liability limits if they're not already equal
Understand your policy's notification requirements so you're prepared if an accident occurs
Keep a copy of your insurance card and contact information readily accessible
Remember, the decision to save a few dollars on premiums by reducing your SUM coverage could cost you tens or even hundreds of thousands of dollars if you're seriously injured by an uninsured or underinsured driver.
As a personal injury attorney who has helped countless New Yorkers navigate these claims, I've seen firsthand how proper UM/UIM coverage can be the difference between financial security and devastating debt after a serious accident.
Disclaimer:
This article provides general information about UM/UIM coverage in New York and should not be considered legal advice. If you've been injured in an accident involving an uninsured or underinsured driver, consult with a qualified attorney who can provide guidance specific to your situation.
Prior results do not guarantee a similar outcome.
This article is for informational purposes only and does not constitute legal advice. Although I am an attorney, I am not your attorney, and reading this article does not create an attorney-client relationship. Laws vary by jurisdiction and may have changed since the publication of this article. For advice specific to your situation, consult a qualified attorney.
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