Getting into a car accident is bad enough on its own. But finding out the driver who hit you has no insurance? That can feel like the situation just got a lot worse. You start wondering how you will pay your medical bills, cover your lost wages, or deal with all the other costs that pile up after a crash.
That is exactly what uninsured motorist (UM) coverage is designed for. New York law actually requires drivers to carry it, but many people do not fully understand what it covers, how it works, or whether they should buy more than the minimum. This post breaks it all down so you can make smart choices about protecting yourself on New York City roads.
What Is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage is a type of auto insurance that protects you when you are injured by a driver who has no insurance. It also applies to hit-and-run accidents where the driver who caused the crash cannot be identified.
In New York, UM coverage is mandatory. When you buy an auto insurance policy, this coverage is automatically included. It specifically covers bodily injuries, meaning injuries to you, your family members living in your home, and any passengers riding in your vehicle. It does not cover damage to your car or other property.
According to the New York Department of Financial Services, all drivers in New York must carry a minimum of $25,000 per person and $50,000 per accident in uninsured motorist coverage. If someone dies as a result of the accident, those minimums rise to $50,000 per person and $100,000 per accident.
Why Does the Other Driver’s Insurance Status Matter?
You might think your own auto insurance will take care of everything after an accident, regardless of who caused it. But that is not really how it works in New York.
New York uses a no-fault insurance system. This means your Personal Injury Protection (PIP) coverage pays for your initial medical expenses and lost wages no matter who caused the crash. That sounds good, but PIP has limits. Once your damages go beyond those limits, you would normally turn to the at-fault driver’s liability insurance to cover the rest.
Here is the problem: if the driver who hit you has no insurance, there is no liability coverage for you to fall back on. That gap can leave you paying out of pocket for medical care, lost income, and other serious costs. Uninsured motorist coverage fills that gap. It steps in where the at-fault driver’s insurance should have been.
What About Underinsured Motorist Coverage?
Underinsured motorist (UIM) coverage is a little different. It applies when the at-fault driver does have insurance, but their policy limits are not high enough to cover everything you lost. Say your total damages are $100,000, but the other driver only carries $25,000 in liability coverage. UIM coverage can help bridge that gap.
Unlike UM coverage, UIM coverage is optional in New York. It is not required by law. However, buying it is a smart move, especially in a high-traffic city like New York where serious accidents happen regularly and costs can add up fast.
New York also offers what is called Supplemental Uninsured/Underinsured Motorist (SUM) coverage. This optional add-on gives you higher policy limits than the state minimums and combines both UM and UIM protections into one. It is a popular choice for drivers who want stronger financial protection.
What Does Uninsured Motorist Coverage Actually Pay For?
Mandatory UM coverage in New York pays for bodily injuries. That means it can cover:
- Medical costs related to injuries from the accident
- Lost wages if your injuries keep you from working
- Pain and suffering damages in serious injury cases
UM coverage does not automatically pay for damage to your vehicle. For that, you would need to purchase optional UM property damage coverage or collision coverage separately. Collision coverage can help pay for your car repairs regardless of who was at fault.
How Does Uninsured Motorist Coverage Work?
The way you file a UM claim depends on what type of accident you were in. Here are some common situations:
Collision with an Uninsured Driver
If another driver causes the crash and has no insurance, you file a claim directly with your own auto insurance company under your UM coverage. Your insurer steps in to cover your bodily injury damages up to your policy limits.
Hit-and-Run Accidents
UM coverage normally applies to hit-and-run crashes in New York. If a driver hits you and leaves the scene without identifying themselves, you can seek compensation through your UM policy. You should report the accident to law enforcement right away, because insurers typically require a police report to process a hit-and-run claim.
Pedestrian and Family Member Accidents
If you or a family member living in your household is hit by an uninsured driver while walking, you can file a claim under your household auto insurance policy. If you do not have a policy of your own but a relative in your home does, you may still be able to file under theirs.
Unknowingly Riding in an Uninsured Vehicle
What if you were a passenger in someone else’s car and that car was uninsured? If you did not know the vehicle lacked coverage, you can still file a UM claim under your own household auto insurance policy.
How Much Does Uninsured Motorist Coverage Cost?
UM coverage is not expensive. According to data from Forbes Advisor, UM bodily injury coverage costs an average of around $136 per year. UM property damage coverage averages about $36 per year. Of course, your actual premium will depend on your personal driving history, your location within New York City, the amount of coverage you choose, and other factors specific to your policy.
Compared to what you could owe out of pocket after an accident with an uninsured driver, those annual costs are low. Upgrading to SUM coverage for higher limits will cost more, but the added protection can be well worth it.
Why This Matters So Much in New York City
Even though New York requires all drivers to carry liability insurance, many people still drive without it. According to the Insurance Information Institute, about 10.8% of New York drivers are uninsured. That is roughly 1 out of every 10 drivers on the road.
In a dense urban environment like New York City, where traffic is heavy and accidents are common, that percentage represents a lot of real risk. Some drivers let their policies lapse. Others never buy insurance at all. If one of those drivers hits you, your UM coverage is what stands between you and a serious financial problem.
Medical bills after a car accident can reach tens of thousands of dollars. If you miss work during recovery, that lost income adds up quickly. Without UM coverage above a strong enough limit, you could be stuck carrying that burden yourself.
Should I Buy More Than the Minimum?
New York requires you to carry UM coverage at the minimum levels set by the state. But the minimum is not always enough. The $25,000 per person limit can be used up quickly when you factor in hospital stays, surgeries, physical therapy, and ongoing care.
Here are a few reasons to consider buying more than the minimum:
- Serious injuries in NYC accidents often result in damages well above the minimum limits.
- Adding UIM coverage protects you even when the other driver has some insurance but not enough.
- SUM coverage combines UM and UIM into one policy with higher limits, giving you more flexibility.
- The added annual cost is small compared to the financial protection it provides.
Talk to your insurance agent or a personal injury attorney about what coverage levels make sense for your situation.
What to Do After an Accident with an Uninsured Driver
If you are in an accident and the other driver has no insurance, here is what you should do:
- Call the police. Get a report on file. This is especially important for hit-and-run accidents.
- Get medical attention right away, even if you feel okay. Some injuries show up hours or days later.
- Collect evidence at the scene if you can. Write down or photograph the other driver’s license plate, and get contact information from any witnesses.
- Speak with a personal injury attorney before you contact your insurance company. An attorney can help you understand your rights and protect your claim from the start.
- Notify your insurance company promptly and file your UM claim.
Insurance companies do not always make the process easy. They may look for ways to delay your claim, reduce your payout, or deny it altogether. Having an attorney involved from the beginning makes a real difference.
Get Help with Your Uninsured Motorist Claim in New York City
Being injured by an uninsured driver is stressful, confusing, and unfair. You did nothing wrong, yet now you are stuck dealing with insurance paperwork, medical appointments, and financial pressure all at the same time.
Poltielov Law Firm P.C. works with people in exactly this situation. We understand how New York’s UM laws work, and we know how to fight back when insurance companies try to short-change you. Whether your claim involves a hit-and-run, an uninsured driver, or an underinsured driver, we can help you understand your options and work toward the full compensation you deserve.
Call us today at 718-880-2911 for a free consultation. You do not have to go through this alone.