How to Maximize Compensation After an Uninsured or Underinsured NYC Car Accident
What Is UM and SUM Coverage in New York?
UM (Uninsured Motorist) coverage pays for your injuries if the at-fault driver has no insurance or is a hit-and-run driver. UM = no insurance
SUM (Supplementary Underinsured Motorist) coverage pays when the at-fault driver has insurance, but not enough to cover your damages. SUM = not enough insurance
How Does UM and SUM Coverage Work After an Accident?
After a car accident in New York, compensation follows this order:
- PIP (No-Fault) pays initial medical bills and lost wages
- At-fault driver’s insurance is pursued
- SUM coverage applies if damages exceed their policy
- Your insurer pays the difference (up to your limits)
Most SUM claims are resolved through arbitration, not trial.
How Much UM and SUM Coverage Should You Have?
Most NYC drivers should carry at least:
- $100,000 minimum protection
- $250,000–$500,000 recommended coverage
Match your liability coverage with your SUM coverage
What Does UM/SUM Insurance Cover?
UM and SUM coverage includes:
- Medical expenses
- Lost wages
- Future earnings loss
- Pain and suffering
- Permanent disability
It does not cover vehicle damage (collision coverage does)
Will Filing a UM or SUM Claim Raise My Insurance Rates? (NY Answer)
No. Under New York law, your insurance company cannot raise your rates solely because you filed a UM or SUM claim if you were not at fault.
How Long Do UM and SUM Claims Take?
Typical timelines:
- 6–12 months – straightforward cases
- 12–24 months – moderate injuries
- >2 years – complex or disputed claims
Delays are often caused by:
- Insurance disputes
- Medical treatment duration
- Arbitration scheduling
What Is a UM or SUM Claim Worth?
The value depends on:
- Injury severity
- Medical treatment required
- Lost income
- Policy limits
- Strength of evidence
Serious injury cases often exceed $100,000 and can reach $500,000, depending on coverage.
Who Is Covered Under UM and SUM in New York?
UM/SUM coverage may apply if you are:
- A driver
- A passenger
- A pedestrian
- A bicyclist
- Hit by a hit-and-run vehicle
Even if:
- The car is not yours
- You are covered under a household policy
What Should You Do After an Accident With an Uninsured Driver?
Follow these steps immediately:
- Call the police and file a report
- Seek medical attention
- Document the scene (photos, witnesses)
- Notify your insurance company
- Do not accept a settlement without legal advice
What Mistakes Can Ruin a UM or SUM Claim?
1. Settling Without Insurance Consent
You may lose your SUM rights completely.
2. Delaying Notice to Your Insurer
Late notice can result in denial.
3. Poor Medical Documentation
Insurers may claim injuries are minor or unrelated.
4. Giving Recorded Statements
These can be used to reduce your claim.
UM vs SUM vs PIP vs Liability
- PIP – pays your medical bills (no fault)
- Liability – pays others if you cause an accident
- UM – protects you from uninsured drivers
- SUM – adds compensation beyond low policy limits
Special NYC Scenarios
Does UM/SUM Cover Hit-and-Run Accidents?
Yes. UM coverage applies when the driver is unidentified.
Can I Use UM/SUM in an Uber or Lyft Accident?
Yes, depending on:
- Rideshare coverage
- Driver’s policy
- Your own SUM policy
Can Pedestrians File UM Claims in NYC?
Yes. Coverage may apply through:
- The vehicle involved
- A household insurance policy
How Do SUM Claims Actually Pay Out?
- Total damages: $200,000
- At-fault driver policy: $50,000
- Your SUM coverage: $250,000
You may recover:
- $50,000 (other driver)
- $150,000 (your SUM policy)
Is UM coverage required in New York?
Yes. New York requires uninsured motorist coverage on all auto policies.
Is SUM coverage mandatory in New York?
No, but insurers must offer it. It typically matches your liability limits unless you opt out.
Can I sue the at-fault driver and use SUM coverage?
Yes. You must first pursue the at-fault driver before accessing SUM benefits.
What happens if I don’t have SUM coverage?
You may be limited to the at-fault driver’s policy, even if it is insufficient.
Can I still recover if I was partially at fault?
Yes. New York follows comparative negligence, meaning your compensation may be reduced.
Does UM/SUM cover wrongful death?
Yes, in many cases, depending on the policy and circumstances.
What if both drivers are uninsured?
You may still recover through your UM coverage or a household policy.
Can my insurance company deny my UM/SUM claim?
Yes. Claims are often disputed and may require arbitration or legal action.
Do I have to go to court for a UM/SUM claim?
Usually no. Most cases are resolved through arbitration.
What if my damages exceed my SUM limits?
You may need to pursue:
- Additional insurance policies
- Third-party liability claims
Why Hiring a NYC UM/SUM Lawyer Matters
UM and SUM claims are not simple insurance claims.
Your insurer may:
- Dispute your injuries
- Delay payment
- Offer less than your claim is worth
An experienced attorney can:
- Navigate complex policy rules
- Protect your rights
- Maximize your compensation
Speak With a NYC UM & SUM Lawyer Today
If an uninsured or underinsured driver injured you:
You may be entitled to far more than the other driver’s policy
Call 1-800-VICTIM2 (1-800-842-8462) for a free consultation
- No fee unless we win
- No upfront costs
- Decades of NYC experience
Greenstein & Pittari, LLP
Don’t Be a Victim Twice.