Many New York drivers read the SUM line on their declarations page for the first time after a crash. By then, the other driver’s insurer has usually said its small policy limit is all there is.
Sullivan & Galleshaw, LLP handles uninsured and underinsured motorist claims for New Yorkers hurt by drivers who carried too little coverage.
A car accident lawyer on our team reviews your own policy before you sign anything with either insurer. Call (718) 843-0300 to walk through your coverage.
Key Takeaways for New York Drivers With Uninsured or Underinsured Motorist Claims
- Mandatory uninsured motorist coverage protects you after crashes with uninsured drivers and many hit-and-runs.
- SUM coverage applies only when the at-fault driver’s liability limits fall below your own liability limits.
- Your SUM payment usually shrinks by the amount the at-fault driver’s insurer pays.
- Settling with the at-fault driver without your insurer’s written consent may cost you your SUM claim.
- Hit-and-run claims carry strict reporting rules that start within 24 hours of the crash.
How Does Sullivan & Galleshaw, LLP Handle Uninsured and Underinsured Motorist Claims?
Sullivan & Galleshaw, LLP handles these claims by mapping every policy that covers you, meeting each deadline, and pressing your insurer to honor the policy. Your insurer becomes the opposing side in an SUM claim.
That shift surprises many clients who paid premiums for years.
Our early work focuses on coverage, because coverage decides how much money exists. In a typical underinsured motorist claim in New York, we:
- Collect the declarations pages for your policy and any policy in your household.
- Confirm the at-fault driver’s liability limits in writing.
- Send written notice of your claim to your own insurer.
- Request written consent before accepting the at-fault driver’s policy limit.
Household policies matter because New York SUM coverage often follows the person, not only the car. A relative’s policy in your home may open a door your own policy does not.
What Is the Difference Between Uninsured and Underinsured Motorist Coverage in New York?
Uninsured motorist coverage pays when the at-fault driver has no insurance, while underinsured motorist coverage pays when that driver’s insurance falls short. Insurance Law § 3420(f) requires the first and makes the second optional. Both usually appear together in one SUM endorsement on your policy.
| Coverage | When It Applies | Limits | Is It Required? |
|---|---|---|---|
| Uninsured motorist (UM) | The at-fault driver has no insurance or fled the scene | At least $25,000 per person and $50,000 per accident | Yes |
| Supplementary uninsured/underinsured motorist (SUM) | The at-fault driver’s limits fall below your liability limits | Up to your own bodily injury liability limits | No, you choose it |
New York’s minimum liability coverage for drivers matches that $25,000 per person floor. A driver carrying only the minimum leaves little room for a serious injury claim, which explains why SUM coverage comes into play so often.
Situations That Count as Uninsured
New York treats more than one scenario as an uninsured driver case. Your uninsured motorist coverage may apply when:
- The at-fault driver had no auto insurance at all.
- A hit-and-run driver physically struck you or your vehicle and fled.
- The at-fault driver’s insurer denied or disclaimed coverage.
- The at-fault driver’s insurance company became insolvent.
Hit-and-run claims generally require physical contact with the other vehicle. A driver who forced you off the road without touching your car raises a harder coverage question, so documentation of the scene carries extra weight.
How Does SUM Coverage Work in New York?
SUM coverage in New York pays the gap between the at-fault driver’s liability limit and your own SUM limit. Under the standard endorsement in New York’s SUM regulation, 11 NYCRR Part 60-2, the at-fault driver’s payment reduces what SUM owes.
The coverage triggers only if the other driver’s limits are lower than your own liability limits.
How the Offset Works in Practice
Consider a hypothetical crash where the at-fault driver carries $25,000 and you carry $100,000 in SUM coverage. The other insurer pays its $25,000 limit. Your SUM coverage then makes up to $75,000 more available, depending on the value of your injuries.
Who Counts as an Insured Under Your SUM Coverage
SUM coverage protects more people than the named policyholder. Under the standard New York endorsement, insured persons generally include:
- You, as the named insured.
- Your spouse.
- Relatives who live in your household.
- Anyone riding in your insured vehicle at the time of the crash.
Pedestrians and cyclists often forget that their own household auto policy may cover them. New Yorkers without a car face this gap most often, especially in dense neighborhoods where many families skip car ownership.
If no household policy exists, the Motor Vehicle Accident Indemnification Corporation (MVAIC) may provide a last line of coverage.
What Deadlines and Conditions Apply to Uninsured Motorist Claims in New York?
Uninsured motorist claims in New York come with notice requirements, consent rules, and filing deadlines that insurers enforce strictly. Missing one condition gives your insurer a reason to deny the claim. Most of these conditions start running within days of the crash.
Conditions That Protect Your Claim
Your policy and New York law attach specific conditions to these claims. The most important include:
- Written notice to your insurer as soon as practicable after the crash.
- A police report within 24 hours for hit-and-run crashes, or as soon as reasonably possible.
- Written consent from your insurer before settling with the at-fault driver.
- Notice to MVAIC within 90 days under Insurance Law § 5208, when MVAIC applies.
SUM claims generally carry a six-year filing window under CPLR § 213, because they rest on your insurance contract. The notice conditions above run far faster than that deadline. Call (718) 843-0300 if you are unsure whether your notice went out on time.
What Happens When Your Own Insurer Pushes Back on an SUM Claim?
Your own insurer may dispute the value of an SUM claim, challenge your injuries, or argue you broke a policy condition. Many SUM disputes move to arbitration, where an arbitrator decides what the insurer owes. The insurer’s adjusters and lawyers work to keep that number low.
Common Insurer Tactics in SUM Claims
Insurers defending SUM claims rely on a familiar set of arguments. We see these the most:
- Arguing your injuries do not meet New York’s serious injury threshold.
- Demanding an examination under oath about the crash and your treatment.
- Claiming you gave late notice of the claim.
- Disputing physical contact in a hit-and-run claim.
Insurance Law § 2601 lists unfair claim settlement practices that regulators enforce against insurers. When delays or lowball offers look unreasonable, a bad-faith insurance attorney may review whether your insurer’s conduct crosses that line.
How SUM Arbitration Works
SUM arbitration works like a smaller, faster trial in front of a neutral arbitrator instead of a jury. Each side submits medical records, reports, and arguments about fault and injury value. The arbitrator then decides how much the insurer owes within your SUM limit.
Arbitration often moves faster than a lawsuit, but the preparation matters just as much. A well-documented medical file usually drives the result.
How Do the 2026 Auto Reforms Affect Uninsured Motorist Claims?
The 2026 auto reforms affect uninsured motorist claims by tightening the serious injury rules and changing how fault works in car accident cases. These changes apply to actions started on or after May 26, 2026. The New York State Department of Financial Services (DFS) summarized the reforms for insurers.
Fault and Injury Rules After the Reforms
The serious injury definition no longer includes the category based on 90 days of limited activity.
A new rule under CPLR § 1411(b) bars recovery when the injured person carries more fault than the other side. Because SUM pays what you might recover from the at-fault driver, these rules shape SUM values as well.
If You Were Driving Without Insurance
Drivers hurt while operating their own uninsured vehicle face a separate limit. Insurance Law § 5104(d) caps non-economic damages at $100,000 for certain at-fault uninsured drivers. A coverage lapse shorter than 30 days falls outside that cap.
FAQ for Uninsured and Underinsured Motorist Claims in New York
Does uninsured motorist coverage apply if a driver hit me while I was walking?
Yes, uninsured motorist coverage generally applies if an uninsured driver hit you while walking, as long as a household auto policy covers you. Your own policy or a resident relative’s policy usually provides that protection. Without any household policy, MVAIC may step in.
Does the at-fault driver still owe me money after my SUM claim pays?
Maybe, the at-fault driver may still owe money, but your insurer usually takes over that right after paying. Insurers call this subrogation. Collecting from an individual driver’s personal assets rarely produces much in practice.
How do I find out how much SUM coverage I have?
Your declarations page shows how much SUM coverage you have, usually listed as two numbers per person and per accident. Look for the letters SUM near your bodily injury limits. Your insurance agent or insurer provides a copy on request. Check every household policy, not only your own.
Do I need a lawyer to file an underinsured motorist claim in New York?
No, New York law does not require a lawyer to file an underinsured motorist claim. The consent, notice, and arbitration rules still trip up many claimants who handle claims alone. A lawyer’s review before you settle with the at-fault driver often protects the SUM claim.
Does SUM coverage apply if the crash happened outside New York?
Yes, the standard New York SUM endorsement generally covers crashes anywhere in the United States and Canada. The same notice and consent conditions apply no matter where the crash happened. Claims involving out-of-state drivers often take longer to confirm their insurance limits.
Protect Your Underinsured Motorist Claim in New York Before You Sign Anything
The worst moment to discover your SUM coverage is after you cashed the other driver’s check without your insurer’s consent. One signature at the wrong time may end an underinsured motorist claim in New York before it starts.
Sullivan & Galleshaw, LLP reviews underinsured driver accident claims before those signatures happen.
Call (718) 843-0300, and let us read your policy with you while every option stays open. Bring your declarations page, and we’ll walk through it line by line.