What happens if I am hit by an uninsured driver in New York?

Getting hit by a driver with no insurance — or a hit-and-run driver who flees the scene — is every driver's nightmare. New York law gives you a safety net, but you need to know how it works before you need it.

Uninsured Motorist Coverage (UM)

New York Insurance Law §3420 requires every auto policy issued in the state to include Uninsured Motorist (UM) coverage. The minimum UM limit is $25,000 per person / $50,000 per accident — the same as the minimum liability limits. You can (and should) purchase higher limits.

How a UM Claim Works

You file the UM claim against your own insurer, not against the at-fault driver. To recover pain and suffering through a UM claim, you must still meet the serious injury threshold under Insurance Law §5102(d) — the same threshold required for a standard third-party lawsuit. Your no-fault benefits apply first, and the UM claim picks up what no-fault does not cover.

Arbitration

Unlike a lawsuit in court, UM claims are typically resolved through binding arbitration, either through the American Arbitration Association (AAA) or a court-appointed arbitrator. The rules differ from trial, but the outcome is equally final.

Hit-and-Run Accidents

If the at-fault driver fled and cannot be identified, your UM coverage applies — but most policies require that you report the accident to the police promptly and notify your insurer quickly. Failure to report can result in denial of the claim.

SUM (Supplemental Uninsured/Underinsured Motorist) coverage also protects you when the at-fault driver has insurance but not enough to cover your damages. Three-year deadline under CPLR 214. No fee unless we win.