New York law requires all drivers to carry mandatory auto insurance under its no-fault system, but the minimum required policy limits often fall short of covering the full scope of your losses after a major crash. To bridge this gap, New York combines uninsured and underinsured motorist coverage into a single, optional policy enhancement known as Supplementary Uninsured/Underinsured Motorist (SUM) coverage. Often referred to generally as UM/UIM, this endorsement serves as a crucial lifeline for Empire State drivers, allowing them to recover vital compensation—including pain and suffering damages—after a collision with a driver who is completely uninsured or whose liability limits cannot cover the full extent of your injuries.
The experienced New York car accident lawyers at Richmond Vona understand the state’s no-fault laws and how uninsured/underinsured motorist coverage can impact your case. If you’ve been injured in a car accident and don’t know what to do next, contact us online or call 716-500-5678 today for a free consultation.
ON THIS PAGE
- Understanding New York’s UM/UIM Coverage
- How Does UM/UIM Work in New York’s No-Fault System?
- Why is Uninsured and Underinsured Motorist Coverage Important in New York?
- How to File a UM/UIM Claim in New York
- How Long Do You Have to File a UM/UIM Claim in New York?
- Why You Need an Attorney for UM/UIM Claims
- How Richmond Vona Handles UM/UIM Claims
- FAQs
Understanding New York's UM/UIM Coverage
Uninsured motorist (UM) coverage protects you when you’re injured by a driver who does not have liability insurance. Underinsured motorist (UIM) coverage in New York applies when the at-fault driver’s insurance is not enough to cover the full extent of your losses.
New York requires drivers to carry UM coverage. UIM coverage is optional, though many drivers choose to add it for additional protection. While many people never think about these coverages when purchasing insurance, they can become especially important after a serious accident.
We saw that firsthand while representing a husband and wife who were injured during a vacation in Maine. A drunk, uninsured driver crossed the center line and struck their vehicle head-on. The husband suffered serious injuries, including cervical spine herniations that ultimately required a three-level cervical fusion surgery. The insurance company argued his condition was related to pre-existing degenerative issues rather than the crash itself.
By building the medical evidence and documenting the collision’s impact on his health and recovery, we secured a $375,000 settlement through UM coverage. More importantly, the recovery helped provide financial stability while he focused on healing and moving forward after a life-changing accident.
| Feature | Uninsured Motorist (UM) Coverage | Underinsured Motorist (UIM/SUM) Coverage |
|---|---|---|
| When It Applies | The at-fault driver has no liability insurance. | The at-fault driver has insurance, but their policy limits are too low to fully cover your losses. |
| New York Requirement | Required for all New York drivers. | Optional coverage that drivers may purchase for additional protection. |
| Common Scenario | You are injured in an accident caused by a driver whose insurance coverage has lapsed or who is driving without insurance. | You are injured in a serious accident that results in $150,000 in medical expenses, but the at-fault driver’s policy only provides $25,000 in coverage. |
| Why It Matters | Protects you from drivers who break the law by driving without insurance. | Protects you from drivers who carry insurance but not enough to cover a serious accident. |
How Does UM/UIM Work in New York's No-Fault System?
New York’s no-fault insurance serves as the first layer of protection after a crash. UM and UIM coverages are designed to fill coverage gaps when the at-fault driver lacks adequate insurance or your losses extend beyond available no-fault benefits.
The relationship between no-fault insurance and UM/UIM coverage generally works as follows:
- No-fault insurance pays first: After most New York car accidents, your own no-fault coverage pays medical expenses and a portion of lost wages regardless of who caused the crash.
- Serious injuries and coverage gaps change the situation: If your losses exceed available no-fault benefits, or your injuries meet New York’s recently restricted serious injury standard, and you are 50% or less at fault, you may have additional options for pursuing compensation, including pain and suffering damages.
- UM or UIM coverage fills the gap: If the at-fault driver has no insurance or insufficient coverage, UM or UIM benefits may help cover losses that extend beyond available no-fault benefits. However, coverage alone does not guarantee a fair outcome. Insurance companies may still challenge the value of a claim, making it important to have an attorney protect your interests throughout the process.
A serious accident involving an underinsured driver can quickly show how these coverages work together. Your no-fault coverage pays the first $50,000 of medical expenses after a serious crash. Months later, surgery, rehabilitation, and ongoing treatment push your medical costs to $150,000. If the at-fault driver has little or no insurance, UM or UIM coverage may provide access to compensation that would otherwise be unavailable.
Why is Uninsured and Underinsured Motorist Coverage Important in New York?
In New York, drivers are required to carry a minimum of $25,000 per person and $50,000 per accident in UM coverage—matching the state’s mandatory bodily injury liability limits. While supplementary underinsured motorist (SUM/UIM) coverage is optional, insurance providers typically offer it to match your liability limits by default unless you choose lower limits or decline it entirely. Skipping this extra layer of protection is highly risky; without it, you could be left facing massive, out-of-pocket medical bills and lost wages if your losses exceed what no-fault insurance covers.
Ultimately, uninsured and underinsured motorist coverage provides essential peace of mind, stepping in when other drivers fail to carry adequate insurance. Additionally, UM coverage protects you in the event of a hit-and-run accident where the at-fault driver cannot be identified, provided there was actual physical contact between the phantom vehicle and your car or person.
How to File a UM/UIM Claim in New York
Most drivers don’t think about uninsured or underinsured motorist coverage until they need it. Then they’re suddenly dealing with medical appointments, insurance paperwork, and policy language they may have never looked at before.
While every claim is different, the UM/UIM process generally follows these steps:
- Notify your insurance company: Report the accident within the time frame required by your policy. While your insurer should be notified promptly, remember that insurance companies often closely review UM/UIM claims and may dispute the value of your injuries or losses.
- Report the accident: Contact law enforcement and obtain the accident report number.
- Gather supporting documentation: Collect medical records, bills, proof of lost income, photographs, and witness information.
- Establish the need for UM/UIM coverage: Provide documentation showing the at-fault driver was uninsured or that your losses exceed available coverage.
- Insurance company reviews the claim: The insurance company will evaluate your injuries, damages, and policy coverage before making a decision.
- Challenge an unfair outcome if necessary: If the claim is denied or undervalued, you may be able to negotiate with the insurance company or sue after a car accident, depending on the circumstances and policy language.
One of the most frustrating aspects of UM and UIM claims is that you often have to negotiate with your own insurance company. Even though you’ve paid premiums for coverage, insurers still have a financial incentive to limit payouts.
Richmond Vona identifies coverage issues early, keeps cases moving, and positions claims for the strongest possible outcome. The firm’s focus on preparation, communication, and efficiency helps resolve cases faster than national averages without sacrificing results.
How Long Do You Have to File a UM/UIM Claim in New York?
New York’s statute of limitations for most personal injury lawsuits is generally three years from the date of the accident. However, insurance-related deadlines can arrive much sooner. For example, New York no-fault claims generally require written notice to the applicable no-fault insurer within 30 days of the accident, unless there is a clear and reasonable justification for late notice.
UM/UIM claims may also involve separate notice, proof-of-claim, consent-to-settle, arbitration, and policy-specific requirements. These deadlines depend on the policy language and the facts of the accident, including whether the claim involves an uninsured or underinsured driver or a hit-and-run. Missing a required notice or policy deadline can create coverage problems even when the underlying injury claim is valid, so it is important to review the policy carefully and act promptly after an accident.
Why You Need an Attorney for UM/UIM Claims
Many drivers assume that because a UM or UIM claim is made through their own insurance policy, the process should be straightforward. In reality, these claims are often heavily scrutinized because the insurance company is paying benefits from its own policy.
Recent changes to New York law may make some motor vehicle injury claims more difficult to pursue and could increase the likelihood of litigation when insurance companies dispute fault, coverage, or damages. Having a team of UM/UIM attorneys prepared to build a case from the beginning can become even more important when disputes arise.
At Richmond Vona, every client works with a dedicated two-to-three-person team focused on building the strongest possible claim from the start. Our attorneys work alongside experienced investigators, including former law enforcement professionals, to gather evidence, identify coverage issues, and prepare cases for negotiation or litigation when necessary.
That preparation, combined with proactive communication throughout the process, has helped Richmond Vona recover more than $200 million for injured people across New York State.
How Richmond Vona Handles UM/UIM Claims
Even if you have sufficient UM/UIM coverage, your insurance company may still attempt to underpay your claim. The experienced New York car accident lawyers with Richmond Vona can help protect your rights and fight to get all the compensation you’re entitled to under your policy.
Contact us online or call 716-455-2502 today for a free consultation.
FAQs
How Do I File an Uninsured or Underinsured Motorist Claim in New York?
Does Uninsured Motorist Coverage Apply to Hit-and-Run Accidents in New York?
Is Underinsured Motorist Coverage Required by Law in New York?
UM is required at minimum limits. UIM/SUM is generally optional but widely used (often default-matched to your BI limits unless you select a lower limit or decline). We can review your declarations page and advise on coverage.
