Direct answer
You can still recover through your own auto policy's uninsured motorist (UM) and Supplementary Uninsured/Underinsured Motorist (SUM) coverage. New York requires UM coverage on every auto policy. SUM is automatic on policies issued after June 2018 unless you opt out. Hit-and-run drivers also count as uninsured.
In more detail
About 11 percent of drivers in New York carry no insurance at all. The state minimum bodily injury limit is $25,000 per person, which is often less than the cost of a single ER visit and an MRI, let alone surgery and lost wages. When the at-fault driver has nothing, or not enough, the recovery has to come from your own policy. New York requires two layers of coverage that exist exactly for this scenario.
Uninsured Motorist (UM) coverage is mandatory on every New York auto policy under NY Insurance Law § 3420(f)(1). It pays when the at-fault driver had no insurance at all, or when a hit-and-run driver cannot be identified. The mandatory minimum is $25,000 per person and $50,000 per accident, the same as the state liability minimum. Hit-and-run cases qualify as uninsured for UM purposes, which is important because most hit-and-runs in NYC never get solved.
Supplementary Uninsured/Underinsured Motorist (SUM) coverage is the second layer, governed by NY Insurance Law § 3420(f)(2) and 11 NYCRR § 60-2. SUM applies when the at-fault driver had insurance, but not enough to cover your damages. So if the other driver carried the $25,000 state minimum and your damages are $200,000, your SUM coverage fills the gap up to your own policy's SUM limits.
The big change came with the Driver and Family Protection Act, which took effect in June 2018. Since then, SUM coverage is automatically issued at the same limits as your bodily injury liability coverage unless you specifically opt out in writing. That means if you carry $250,000/$500,000 in liability, you almost certainly have $250,000/$500,000 in SUM, and most drivers do not even know it. The first thing I do on a serious crash is pull every policy in the household, because SUM coverage on a relative's policy can sometimes apply to a resident family member.
There is a procedural wrinkle. UM and SUM claims are usually arbitrated, not litigated in court, under American Arbitration Association rules. The format is faster than court but the rules are different. You file a demand for arbitration with your own carrier, your case is assigned to an AAA arbitrator (often a retired judge or experienced attorney), and the hearing is a streamlined version of a trial. 11 NYCRR § 60-1 (UM) and 11 NYCRR § 60-2 (SUM) set out the substantive rules.
Two notice rules matter. First, you must report a hit-and-run to police promptly, often within 24 hours. Second, you must notify your own insurer "as soon as practicable" to preserve coverage. Failure to do either can void the claim entirely, no matter how strong the underlying injuries.
If you were a passenger, the analysis stacks. You may have UM/SUM coverage on the host vehicle's policy, on your own policy if you own a car, and on a resident relative's policy. Layering these correctly is one of the highest-leverage things a lawyer does in a no-insurance case.
What I see in NYC cases
SUM coverage saves cases. A Queens client of mine was hit by a delivery driver carrying the $25,000 state minimum. Her medical bills and lost wages alone exceeded that. We tendered the $25,000 from the at-fault carrier, then turned to her own SUM coverage, which sat at $250,000 because she had never opted out after 2018. The arbitration recovered the full balance, and she walked away made whole.
The clients who get hurt are the ones who never knew they had SUM, or who told their broker to "give me the cheapest policy" and opted out without understanding what they were giving up. I check SUM limits on every car accident intake. If you are reading this and you have not looked at your declarations page in a while, look at it tonight.
Related questions
- How much is my Queens car accident worth?
- What is the no-fault threshold in New York?
- Should I give a recorded statement to the insurance company?
Talk to Nick
Call or text (718) 261-0546. Spanish line: (718) 261-0546. Have your declarations page handy if you can. Reach me through the contact form and we will figure out every layer of coverage.
Compliance
This page is general legal information about New York uninsured and underinsured motorist coverage and is not legal advice. No attorney-client relationship is formed by reading this page. Coverage outcomes depend on the specific policy language and facts. Prior results do not guarantee a similar outcome. Attorney advertising.