Uninsured/Underinsured Motorist Coverage in New York
Last Updated on January 23, 2026
Uninsured driving still happens, and New York’s minimum required limits may not go very far after a serious crash. If you’re reviewing your options after reading about penalties for driving uninsured or updating your New York auto liability coverage, uninsured/underinsured motorist protection is one of the most practical add-ons to understand.
At a Glance
- UM Is Mandatory In NY: Every NY auto policy includes uninsured motorist coverage, but the minimum limits are modest.
- SUM Adds Underinsured Protection: Optional SUM coverage can protect you when the at-fault driver has insurance, but not enough.
- UM/SUM Focus On Injuries: These cover bodily injury (and death) damages—not repairs to your own car.
- Limits Drive Real-World Protection: Matching SUM to your liability limits can reduce out-of-pocket risk after a serious crash.
- How Uninsured And Underinsured Motorist Coverage Works
- New York’s Required Auto Insurance Coverages (As Of January 2026)
- What Uninsured Motorist Coverage Pays For (And What It Doesn’t)
- What Underinsured Motorist Coverage Means In New York (SUM)
- Choosing Limits: A Practical Checklist
- Protecting Your Car: Collision And Comprehensive Still Matter
- What To Do After A Crash With An Uninsured Or Underinsured Driver
- The Bottom Line
- FAQs on Uninsured/Underinsured Motorist Coverage in New York
How Uninsured And Underinsured Motorist Coverage Works
In New York, “uninsured motorist” coverage (UM) is required on auto policies and is designed to protect you if you’re hurt by an uninsured driver or a qualifying hit-and-run. “Underinsured motorist” protection is typically provided through Supplementary Uninsured/Underinsured Motorists coverage (SUM), which is optional but must be offered by insurers.
UM/SUM is different from other types of auto insurance. It focuses on bodily injury-related damages. Your medical bills may also be handled first through New York’s no-fault system—here’s how car insurance can pay for medical bills depending on your situation.
Quick tip: If you’ve increased your liability limits over the years, ask your insurer whether your optional SUM limit matches them—SUM can be a cost-effective way to add protection against drivers with low limits.
New York’s Required Auto Insurance Coverages (As Of January 2026)
New York requires New York State-issued coverage to register a vehicle and sets minimum limits for several coverages. For the official requirements, review the New York DMV insurance requirements and the New York Department of Financial Services consumer guide on purchasing automobile insurance. You can also see a plain-English overview of New York insurance laws and requirements and the basics on whether you need insurance to drive in NY.
Minimum Limits For Most Passenger Vehicles
| Coverage | Required In NY? | Minimum Limit (As Of Jan 2026) | What It Generally Pays For |
|---|---|---|---|
| Bodily Injury Liability | Yes | $25,000 (injury) / $50,000 (death) per person; $50,000 (injury) / $100,000 (death) per accident | Injuries/death you cause to others |
| Property Damage Liability | Yes | $10,000 per accident | Damage you cause to others’ property |
| No-Fault (PIP) | Yes | $50,000 per person | Medical expenses and certain lost wages regardless of fault (subject to policy/rules) |
| Uninsured Motorist (UM) | Yes | At least $25,000 (injury) / $50,000 (death) per person; $50,000 (injury) / $100,000 (death) per accident | Bodily injury damages if you’re hit by an uninsured or qualifying hit-and-run driver in NY |
Those are minimums, not recommendations. If you’re shopping only for the cheapest price, it’s worth understanding the tradeoffs of bare-minimum auto insurance before you decide.
What Uninsured Motorist Coverage Pays For (And What It Doesn’t)
New York’s mandatory UM coverage is built into auto policies under New York Insurance Law § 3420. For deeper regulatory context, see NYDFS guidance on SUM and mandatory UM coverage.
What UM Can Help Pay
- Bodily injury damages you’d normally seek from the at-fault driver (often including medical costs and lost income that go beyond no-fault limits, and—when permitted under NY no-fault rules—pain and suffering).
- Qualifying hit-and-run injuries (UM rules often require physical contact and prompt reporting).
- Coverage for household members in many situations, depending on who qualifies as an “insured” under your policy.
What UM Usually Does Not Cover
- Damage to your own vehicle (that’s typically handled through collision coverage).
- Routine maintenance or wear-and-tear items.
- Underinsured drivers (that’s generally what optional SUM is for in New York).
If you’re trying to tighten gaps in medical protection beyond basic no-fault, you may also want to compare how Medical Payments (MedPay) coverage works in New York versus additional no-fault benefits, since each handles claims differently.
What Underinsured Motorist Coverage Means In New York (SUM)
In New York, underinsured motorist protection is commonly provided through Supplementary Uninsured/Underinsured Motorists (SUM) coverage. It’s optional, but insurers must offer it. SUM can be purchased up to your bodily injury liability limit, subject to statutory caps (commonly referenced as up to $250,000/$500,000, or a $500,000 combined single limit, depending on how the policy is written).
How SUM Limits Typically Apply
SUM is generally designed to sit “on top of” the at-fault driver’s bodily injury liability coverage. In practice, the maximum you can collect under SUM is often your SUM limit minus what you receive from (or on behalf of) the negligent driver’s bodily injury liability coverage. Example: if your SUM limit is $100,000 and you receive $25,000 from the other driver’s insurer, the remaining SUM amount available may be up to $75,000 (subject to policy terms and eligibility).
| Coverage | Required? | Best For | Key Limitation To Know |
|---|---|---|---|
| UM (Uninsured Motorist) | Yes | Injuries caused by uninsured drivers and qualifying hit-and-runs in NY | Minimum limits are relatively low; typically not for underinsured drivers |
| SUM (Supplementary Uninsured/Underinsured) | No (must be offered) | Injuries when the at-fault driver’s limits are too low | Usually reduced by what the other driver’s BI policy pays |
Choosing Limits: A Practical Checklist
Picking UM/SUM limits isn’t just about your car—it’s about your household’s financial risk. If you’re unsure where to start, review how much coverage you may need, then sanity-check your current plan with this quick list (and consider whether you have enough car insurance coverage).
- Income replacement risk: Would an injury affect your ability to work (even temporarily)?
- Health insurance gaps: Consider deductibles, coinsurance, and out-of-network exposure.
- Household drivers/passengers: UM/SUM can matter more if you regularly drive with family.
- Savings and assets: Higher limits can reduce pressure to tap emergency funds after a serious crash.
- Policy alignment: Ask whether SUM can match your liability limits (and what it costs to do so).
Protecting Your Car: Collision And Comprehensive Still Matter
UM/SUM is mainly about injuries. If you’re worried about repairing or replacing your vehicle after a crash—especially if your car could be totaled—you’ll usually be looking at collision (for crash damage) and comprehensive (for non-collision losses like theft, vandalism, weather). If you’re comparing packages, this overview of comprehensive auto insurance in New York can help you map what’s included.
| Coverage | What It’s Designed To Cover | When It Matters Most |
|---|---|---|
| Collision | Damage to your vehicle from a crash (regardless of fault), subject to your deductible | At-fault driver is uninsured, underinsured, or disputes fault |
| Comprehensive | Non-collision losses (theft, fire, vandalism, certain weather events), subject to deductible | You want broader protection beyond crashes |
| Property Damage Liability | Damage you cause to others’ property | You’re at fault and the other party’s car/property is damaged |
If you do need to file for vehicle repairs after a crash, keep this step-by-step guide handy on how to go through your auto insurer to get repairs done.
Quick tip: If your vehicle is financed or leased, your lender may require collision and comprehensive—review your loan/lease terms before dropping coverage.
What To Do After A Crash With An Uninsured Or Underinsured Driver
- Call the police and document the scene: Photos, witness info, and a police report can be especially important for UM/hit-and-run situations.
- Get medical care promptly: No-fault (PIP) is designed to pay eligible medical expenses quickly, but notice and paperwork still matter.
- Notify your insurer as soon as possible: Ask whether the claim may involve UM or SUM and what documentation is needed.
- Keep all records: Medical notes, wage-loss paperwork, repair estimates, and claim correspondence.
- Ask about next steps early: Some UM/SUM disputes are handled through arbitration under policy rules.
If you (and your household) truly have no auto policy available, New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC) may be a backstop in certain situations. Start with NYDFS guidance on no-fault claims and MVAIC at NYDFS no-fault FAQs, then review MVAIC eligibility rules at MVAIC “Do You Qualify”.
The Bottom Line
UM coverage is required in New York, but the minimum limits may not be enough for a serious injury claim. Optional SUM can fill a major gap when the at-fault driver carries only minimum limits. Because policy wording and eligibility details matter, it’s smart to review your declarations page at renewal and ask your insurer specific questions about UM/SUM limits and exclusions. For more background on why car insurance is mandatory, it helps to see how these coverages work together in real claims.