New York roads can turn dangerous in an instant with uninsured driver car accidents. Even the most careful drivers sometimes collide with motorists who either carry no insurance or lack adequate coverage. Uninsured and underinsured motorist (UM/UIM) coverage becomes your lifeline when the at-fault driver can’t pay for your damages. The Law Office of Jason Tenenbaum, P.C. helps clients through these difficult situations every day, fighting to recover what they’re owed.
Understanding UM/UIM Coverage
This optional but critical insurance add-on protects you when the driver who caused the accident either has no policy or insufficient coverage. New York requires insurers to offer UM coverage, which usually comes paired with UIM protection. These provisions kick in when someone else’s negligence leaves you holding the bill.
About 6% of New York drivers operate vehicles without insurance. While that number might appear low, it means thousands of uninsured motorists travel our roads daily. UM coverage applies not just to known uninsured drivers but also to hit-and-run cases where authorities can’t identify the responsible party. UIM coverage comes into play when the at-fault driver’s policy limits fall short—like when $25,000 in coverage won’t cover mounting medical bills.
Hit-and-run cases create special problems. With no other driver to identify, victims depend completely on their own UM coverage. Fast action and thorough documentation make all the difference in these situations. You can find resources from the New York DMV for guidance.
When You Need to File a UM/UIM Claim
Three common situations trigger UM claims:
- Crashes with uninsured drivers
- Hit-and-run accidents
- Collisions involving stolen vehicles
UIM claims become necessary when the at-fault driver has insurance, but not enough to cover all damages. This frequently happens in severe crashes with multiple injuries or when medical costs exceed the other driver’s policy limits.
Recent legal developments highlight the importance of understanding your coverage. In West Virginia, a recent case (2025-04-23-702-trump-p) clarified that injured parties may recover up to the coverage limits from their own uninsured/underinsured motorist policies under Code 33-6-31(b). This ruling underscores the critical need for adequate coverage to ensure full compensation.
New York sets tight deadlines for UM/UIM claims. Victims in hit-and-run cases usually must notify their insurer within 30 days. Waiting too long could cost you the right to compensation, making swift action crucial. Consult with a qualified attorney to understand these deadlines.
Handling the Claims Process
After any accident with an uninsured or underinsured driver, focus first on safety and evidence. Call the police, take photos of the scene, and collect witness contact information. Notify your insurance company immediately to start the claims process.
Insurance companies sometimes fight paying full claim amounts. They might downplay injuries or challenge who caused the accident. A recent Ninth Circuit Court of Appeals decision (24-1539) affirmed that claimants aren’t automatically entitled to underinsured motorist coverage just because their injuries exceed policy limits—the vehicle must meet the policy’s definition of “underinsured.” This shows why having clear policy language matters.
When negotiations hit a wall, you may need arbitration or a lawsuit to get what you’re owed.
Maximizing Your Compensation
UM/UIM claims can recover:
- Medical bills
- Lost income
- Pain and suffering damages
- Vehicle repairs (depending on your policy)
Solid claims need comprehensive documentation—medical records, proof of missed work, and evidence showing how the accident changed your life. Insurers often look for ways to reduce payments, arguing injuries weren’t as bad as claimed or that victims could have lessened their losses.
Recent settlements across the country show the value of UM/UIM coverage:
- A California minor received $30,000 under his mother’s UIM coverage after an underinsured driver hit their vehicle
- An Alabama motorcyclist settled for $25,000 under his UIM policy after an uninsured driver caused his accident
- A New Jersey pedestrian obtained $25,000 under her father’s GEICO policy after being struck by an uninsured driver
Virginia’s recent HB2385 legislation also shows a trend toward protecting victims—it requires multiple insurers to cover damages if an injured person has multiple applicable policies. While these cases occurred elsewhere, they demonstrate the nationwide importance of proper UM/UIM coverage.
How Our Firm Helps
The Law Office of Jason Tenenbaum, P.C. handles UM/UIM claims across New York every day. We know insurance company playbooks and how to push back effectively. Our team takes time to understand each client’s situation, protect their rights, and keep them informed at every step.
As West Virginia courts recently emphasized, the preeminent public policy in these cases is full compensation for injured persons. We fight to make this principle a reality for our New York clients.
Going it alone against insurance companies rarely works in victims’ favor. Insurers have entire departments focused on paying less. We level the playing field by fighting hard for our clients. Free initial consultations and contingency fees mean no upfront costs—you only pay if we recover money for you.
Insurance Planning Tips
Review your auto policy regularly. Many experts suggest matching your UM/UIM limits to your liability coverage for better protection. New York drivers might also look into Supplementary Uninsured/Underinsured Motorist (SUM) coverage for extra security.
Ask your insurance agent pointed questions:
- How does coverage work in hit-and-run situations?
- What are my maximum coverage options?
- Are there any situations where coverage wouldn’t apply?
Smart planning now prevents problems later. Too many drivers only discover coverage gaps after an accident happens.
UM/UIM Questions We Often Hear
Can I sue someone with no insurance?
Yes, but collecting from someone without money or assets usually proves impossible.
How long until my claim settles?
It depends—some cases resolve quickly while others needing arbitration might take several months.
Will my premiums go up?
UM/UIM claims generally don’t cause rate increases since they’re not your fault.
What if the other vehicle was commercial?
These cases often involve complicated policies and sometimes federal rules.
What if I’m partly to blame?
New York’s comparative fault system still allows recovery, though your compensation decreases based on your percentage of fault.
Good documentation strengthens every claim. Keep all medical bills, police reports, and insurance company communications.
Recent court rulings continue influencing UM/UIM law. The Ninth Circuit’s February 2025 decision clarified that claimants must prove the other vehicle meets their policy’s definition of “underinsured”—not just that their injuries exceed policy limits. The Law Office of Jason Tenenbaum, P.C. monitors all legal developments to serve clients effectively.
If you’re struggling with a UM/UIM claim, don’t face the insurance company alone. Contact our office to discuss your case and learn how we can protect your rights and financial security.
