Beware of Uninsured Motorists: How UM and SUM Coverage Protect New York Drivers

Last Updated on October 21, 2026 by James Shaffer

You can’t control whether the other driver carries insurance, but you can control what your own policy pays if they don’t. In New York, every auto policy includes uninsured motorist (UM) coverage for injuries caused by an uninsured or hit-and-run driver, and optional SUM coverage raises that protection and extends it to drivers who are insured but carry too little.

New York has fewer uninsured drivers than most states. The Insurance Research Council (IRC) estimated that 8.6% of New York motorists were uninsured in 2023, compared with 15.4% nationwide. That is still roughly one driver in twelve, and the state minimums leave a lot of people underinsured too.

Insurance rules vary by state and policy. Always read your declarations page and your policy form, and confirm details with your insurer or licensed agent/broker.

How Many Drivers Are Uninsured in New York

The most recent state-by-state estimates come from the IRC study Uninsured and Underinsured Motorists: 2017-2023, released in February 2025. The Insurance Information Institute’s state table ranks New York 44th from the top among the states and D.C., with 8.6% of drivers estimated to be uninsured in 2023.

The IRC builds these estimates from claim patterns, mainly how often uninsured motorist claims are filed compared with bodily injury liability claims. Treat them as a measure of risk, not a headcount of uninsured cars.

State	Estimated Uninsured Drivers (2023)	Rank (1 = Highest)
New York	8.6%	44
New Jersey	14.1%	20
Connecticut	11.8%	29
Vermont	11.8%	29
Pennsylvania	11.0%	36
Massachusetts	7.9%	45
U.S. overall	15.4%	–

Rates elsewhere run much higher. The IRC put Mississippi at 28.2%, New Mexico at 24.1% and D.C. at 23.1%, while Maine had the lowest rate at 5.7%. If you drive through other states regularly, that matters for which coverage you carry.

Underinsured drivers are the bigger gap. The IRC estimated that 18.0% of U.S. drivers were underinsured in 2023 and that one in three was either uninsured or underinsured. New York and D.C. were the only places where the underinsured rate did not rise between 2017 and 2023.

Uninsured vs. Underinsured vs. Hit-and-Run

• Uninsured motorist: The at-fault driver has no liability insurance, or their insurer denies coverage.
• Underinsured motorist: The at-fault driver has insurance, but their bodily injury limits are too low to cover your injuries.
• Hit-and-run: The at-fault driver can’t be identified. New York UM coverage includes hit-and-run injuries, but the reporting and notice rules are strict.

What New York UM Coverage Pays

Uninsured motorist coverage is mandatory on every New York auto policy. Under Insurance Law Section 3420(f)(1), it pays for bodily injury or death caused by an uninsured or hit-and-run driver in a crash in New York, up to the minimum limits below.

Required UM Limit	Amount
Injury to one person	$25,000
Death of one person	$50,000
Injury to two or more people	$50,000
Death of two or more people	$100,000

These match New York’s minimum liability limits. The DMV’s insurance requirements page lists the full set: $25,000 for injury and $50,000 for death of one person, $50,000 and $100,000 for two or more people, and $10,000 for property damage. The Department of Financial Services (DFS) adds the required $50,000 in no-fault (PIP) coverage.

According to the DFS Auto Insurance Resource Center, UM covers you, relatives in your household and passengers in your car. It does not cover damage to your car or other property. Basic UM applies to New York crashes; insurers can extend it to out-of-state crashes by endorsement for a small added charge.

UM also works alongside no-fault. Your own no-fault coverage pays medical bills and lost wages first, whoever caused the crash. UM comes in for the rest of an injury claim, and the statute limits payment for pain and suffering to people whose injuries meet New York’s serious-injury threshold.

How SUM Coverage Adds Protection

Supplementary uninsured/underinsured motorist (SUM) coverage is optional, but DFS says a new policy includes SUM equal to your bodily injury liability limits unless you decline it or pick a lower amount on a signed form. Insurers must also remind existing policyholders in writing at least once a year that SUM is available.

Here is where SUM goes further than basic UM:

• Higher limits: You can carry SUM up to your own bodily injury liability limits, so a driver with $100,000/$300,000 in liability can have SUM at that level instead of the $25,000/$50,000 minimum.
• Underinsured drivers: SUM applies when the at-fault driver’s bodily injury limits are lower than yours. New York uses SUM for this; there’s no separate UIM coverage like some other states sell.
• Out-of-state crashes: DFS says SUM covers accidents outside New York.

SUM payments are reduced by whatever you recover from the other driver’s liability insurer, and the statute generally requires that the other driver’s limits be used up first through a settlement or judgment.

Example: Say you carry $100,000 in SUM, the at-fault driver has the $25,000 minimum, and your injury claim is worth $80,000. After you collect the $25,000 from their insurer, your SUM may pay up to $55,000 more. Without SUM, you’d be left trying to collect the rest from the driver personally. Actual results depend on your policy and the facts of the claim.

Because SUM can’t exceed your liability limits, raising SUM usually means raising liability too. That is often worth pricing out for households with a teen driver or a lot to protect. When you compare prices, our list of the cheapest auto insurance companies in New York is a good place to start; just match the SUM limits on every quote.

How the Main Coverages Compare

Coverage	Required in NY?	What It Pays For
Uninsured motorist (UM)	Yes	Injuries from an uninsured or hit-and-run driver in New York, up to the minimum limits
SUM	Optional	Higher UM limits, underinsured drivers and out-of-state crashes, up to your liability limits
No-fault (PIP)	Yes, $50,000	Medical bills and lost wages for you and your passengers, regardless of fault
Collision	Optional	Damage to your own car from a crash, minus your deductible

What If You Have No Car Insurance at All

If you’re hurt by an uninsured or hit-and-run driver and neither you nor a relative in your household has an auto policy, you may still be able to claim no-fault and uninsured motorist benefits through the Motor Vehicle Accident Indemnification Corporation (MVAIC). The New York Legislature created MVAIC in 1958 as a last-resort source of benefits.

MVAIC has eligibility rules and strict time limits. DFS says the accident should be reported to the police within 24 hours. MVAIC’s website has an eligibility questionnaire, and you can reach the office at (646) 205-7800.

What to Do After a Crash with an Uninsured Driver

1. Call the police and get a report. A report is especially important for hit-and-run claims, and DFS advises reporting within 24 hours.
2. Collect evidence. Take photos of the vehicles, plates, damage, injuries and the scene, and get the other driver’s documents and witness contact details if you can.
3. Don’t settle in cash at the scene. Informal payments can complicate liability and your coverage.
4. Notify your insurer right away. No-fault, UM and SUM claims each have notice and paperwork requirements, and late notice can lead to a denial. Ask your insurer which forms apply and by when.
5. Get medical care and keep records. Treatment notes and bills support both the no-fault claim and any UM or SUM claim.

Why Some Drivers End Up Uninsured

Being uninsured doesn’t always mean someone never bought a policy. Common causes include:

• Policy lapses: Missed payments, cancellations or a gap when switching insurers. See what happens when your auto insurance lapses.
• Cost: Some drivers drop coverage when premiums rise. Drivers with tickets or past crashes still have options; see our guide to high-risk driver insurance.
• Parked cars: Some owners cancel insurance on a car they rarely drive but keep the plates. In New York, a registered vehicle needs continuous coverage unless the plates are surrendered.
• Fraud: Fake ID cards and invalid policies leave everyone exposed when a claim comes in. Showing an insurance ID card for coverage that isn’t in effect is a misdemeanor under VTL Section 319.

Penalties for Driving Without Insurance in New York

Driving an uninsured car, or letting someone else drive yours, is a traffic infraction under Vehicle and Traffic Law Section 319. A conviction can bring a fine of $150 to $1,500, up to 15 days in jail, or both, plus a $750 civil penalty owed to the DMV. The DMV’s insurance lapse page also warns that you could be arrested or ticketed and your vehicle impounded. If an uninsured vehicle is in a crash, the DMV revokes the driver license and registration for at least one year.

A lapse can cost you even if you never drive during the gap. If your insurance ends and you keep the plates, the DMV suspends the registration. For a lapse of 90 days or less, you can usually pay a civil penalty instead of serving the suspension:

Days Without Coverage	Civil Penalty per Day
1 to 30	$8
31 to 60	$10
61 to 90	$12

The DMV’s example puts a full 90-day lapse at $900. You can’t pay the penalty if you paid one in the past 36 months. A lapse of 91 days or more can’t be paid off: you must surrender your plates and registration, and your driver license is suspended for the same number of days as the registration. Details are on the DMV’s insurance lapse civil penalty page, and our guide covers the penalties for driving without insurance in New York in more depth.

Related Guides for Common Driver Situations

• Car insurance for teen drivers
• Car insurance for students

FAQs on Uninsured Motorist Coverage in New York