Uninsured and Underinsured Motorist Claims on Long Island: A Complete Guide

You did everything right. You bought insurance. You drove carefully. And then someone with no insurance ran a red light and hit your car on the Sunrise Highway, or rear-ended you on the LIE, or sideswiped you leaving a strip mall in Hempstead. Now you are sitting in the ER or a physical therapy office wondering: who is going to pay for this?

The answer, in most cases, is your own insurance company — through uninsured motorist (UM) coverage. This guide explains exactly how that works under New York law, what the process looks like for Long Island drivers, and what you need to do right now to protect your claim.

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New York Requires UM Coverage on Every Auto Policy

New York Insurance Law § 3420(f)(1) mandates that every automobile liability insurance policy issued or delivered in New York include uninsured motorist coverage. The minimum limits are $25,000 per person / $50,000 per accident for bodily injury. This is not optional add-on coverage — it is built into every policy by law.

What this means for you: even if the driver who hit you has zero insurance, you have a legal right to seek compensation from your own insurer, up to your UM policy limits. You are not filing a lawsuit against yourself. You are triggering a coverage benefit you already paid for.

Many Long Island drivers carry higher limits — $100,000/$300,000 or more — especially if they have SUM (supplementary uninsured/underinsured motorist) endorsements. Check your declarations page now, before you need it. The difference between $25,000 and $100,000 in coverage can be enormous if you have suffered a serious injury.

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UM vs. UIM: Understanding the Difference

These two types of coverage are related but distinct, and confusing them is a common mistake.

Uninsured Motorist (UM) Coverage applies when the at-fault driver has no liability insurance at all — either they never had a policy, their policy was canceled, or they fled the scene (hit-and-run).

Underinsured Motorist (UIM) Coverage — called SUM (Supplementary Uninsured/Underinsured Motorist) in New York — applies when the at-fault driver has some insurance, but their policy limits are not enough to fully compensate you for your injuries.

Concrete Examples

UM Example: You are stopped at a red light in Massapequa. A driver runs into you and hands you a paper that turns out to be a canceled insurance card. That driver is uninsured. You file a UM claim with your own insurer.

UIM/SUM Example: You are seriously injured in a crash on the Northern State Parkway. The at-fault driver has the New York minimum of $25,000 in liability coverage. Your medical bills and lost wages total $180,000. After collecting the $25,000 from the at-fault driver’s insurer, you file a SUM claim with your own insurer for the remaining gap — up to your own SUM policy limits.

Under New York Insurance Law § 3420(f)(2), SUM coverage kicks in when your own SUM limits exceed the at-fault driver’s liability limits. The SUM benefit is calculated as the difference between those two numbers.

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How to File a UM Claim in New York: Step by Step

1. Report the Accident to Your Own Insurer Promptly

New York law and most policy language require you to report a potential UM claim to your own insurance company. Do not assume that because the other driver was at fault, you only need to deal with their carrier. If they are uninsured, their carrier does not exist. Notify your insurer as soon as possible — many policies require notice within 90 days of the accident, and some require it even sooner.

2. File a Police Report

For any uninsured motorist claim on Long Island, a police report from the Nassau County Police Department or Suffolk County Police Department is critical. It documents that the accident occurred, identifies the other vehicle, and — in hit-and-run cases — begins a paper trail that supports your claim.

3. Preserve All Evidence

Photograph the scene, your vehicle, and your injuries. Gather witness contact information. Obtain all medical records and bills from every provider. Keep a journal documenting pain, limitations, and missed work. This evidence will matter in arbitration.

4. Do Not Give a Recorded Statement Without Counsel

Your insurer will likely ask for a recorded statement. You are generally required to cooperate with your own insurer under the policy’s cooperation clause — but you have the right to have an attorney present. What you say in that statement can be used to limit your recovery. Consult a lawyer before agreeing to any recorded statement.

5. File a Demand and Proceed to Arbitration

Unlike a standard liability claim, UM disputes in New York do not go to court. They go to mandatory arbitration under the policy and Insurance Law § 3420(f). If your insurer denies your claim or disputes the value, the case is submitted to arbitration.

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The UM Arbitration Process in New York

New York UM arbitrations are administered primarily through the American Arbitration Association (AAA) under its Accident Claims Rules. Here is what to expect:

• Demand for Arbitration: Either party may file a demand for arbitration once negotiations have stalled. There is a statute of limitations — generally three years from the date of the accident under CPLR § 214 — but your policy may impose shorter contractual deadlines. Do not wait.
• Discovery: The parties exchange medical records, lost wage documentation, expert reports, and other evidence prior to the hearing.
• Arbitration Hearing: An AAA arbitrator (or panel of arbitrators, for larger claims) conducts a hearing similar to a bench trial. Witnesses may testify, medical experts may be called, and each side presents arguments.
• Award: The arbitrator issues a written award. In New York UM cases, the award is generally final and binding, though limited grounds for appeal exist under CPLR Article 75 (fraud, arbitrator misconduct, or an award that violates public policy).

The timeline from filing to award typically runs six to eighteen months, depending on complexity and AAA scheduling. Cases involving serious injuries, disputed liability, or significant damages tend to take longer.

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Hit-and-Run Accidents and UM Coverage on Long Island

Hit-and-run accidents — where the at-fault driver flees without stopping — are treated as uninsured motorist situations under New York law. However, specific rules apply:

• Police Report Requirement: You must report the accident to law enforcement within 24 hours or as soon as practicable, and you must file a police report. Without a police report, most insurers will deny a hit-and-run UM claim.
• Physical Contact Rule: Under New York Insurance Law § 5217 and standard UM endorsement language, many policies require physical contact between the hit-and-run vehicle and your vehicle (or your body) to trigger UM coverage. A “phantom vehicle” that causes you to swerve without making contact may not qualify — though this rule has been contested and is fact-specific.
• Independent Witness: To corroborate a hit-and-run claim, an independent witness who can verify the accident occurred and that a vehicle fled the scene strengthens your case significantly.

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What Is MVAIC and When Does It Apply?

The Motor Vehicle Accident Indemnification Corporation (MVAIC) is a New York State fund of last resort created under Insurance Law Article 52. It provides compensation to accident victims who cannot collect from a UM policy — typically because:

• The injured person did not have their own auto insurance and was not a resident relative of an insured household, or
• The at-fault vehicle was completely unidentified (phantom vehicle) and no UM coverage applies.

MVAIC claims have strict procedural requirements, including filing a Notice of Intention to Make Claim within 180 days of the accident. MVAIC limits are the same as the statutory minimum: $25,000/$50,000 for bodily injury. MVAIC is not a substitute for carrying adequate UM/SUM coverage — it is the safety net below the safety net.

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Common Mistakes That Can Hurt Your UM Claim

Not knowing your own UM/SUM limits. Many Long Island drivers have never reviewed their declarations page. Find out now whether you have $25,000 or $250,000 in SUM coverage — it changes your strategy entirely.

Giving a recorded statement without an attorney. Your own insurer is not your advocate in a UM claim. They have a financial interest in limiting the payout. Protect yourself.

Missing the notice deadline. Most policies require prompt notice of a potential UM claim. Waiting months to report can give your insurer grounds to disclaim coverage entirely.

Settling the liability claim without preserving your SUM rights. In a SUM (underinsured) situation, you must obtain your insurer’s written consent before settling with the at-fault driver’s liability carrier, or you may forfeit your SUM claim. This is a catastrophic and irreversible mistake.

Failing to document injuries thoroughly. UM arbitrators award damages based on evidence. Gaps in medical treatment, inconsistent records, and missing documentation reduce awards.

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UM vs. UIM vs. MVAIC: Which Applies to Your Situation?

Situation	Coverage That Applies
At-fault driver has no insurance	UM (Uninsured Motorist)
At-fault driver has insurance, but limits are too low	SUM/UIM (Supplementary Uninsured/Underinsured Motorist)
Hit-and-run with physical contact, you have UM	UM
Hit-and-run, no physical contact, you have UM	Likely UM (policy-specific; disputed)
You have no auto insurance, at-fault driver uninsured	MVAIC (if eligible)
Unidentified “phantom” vehicle, you have UM	UM (if physical contact occurred or policy allows)
Unidentified vehicle, no UM coverage available	MVAIC (if eligible)

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Frequently Asked Questions

How long do I have to file a UM claim in New York?

The general statute of limitations for UM arbitration in New York is three years from the date of the accident under CPLR § 214. However, your policy may impose a shorter contractual deadline — sometimes as little as one year — for demanding arbitration. You must also give prompt notice to your insurer, often within 90 days of the accident. Missing any of these deadlines can bar your claim entirely. Do not assume you have three years to act.

Does filing a UM claim raise my insurance rates?

In New York, an uninsured motorist claim should not be charged as a chargeable accident against your policy if the other driver was at fault. Under 11 NYCRR § 161.3, insurers generally cannot surcharge a policyholder for a not-at-fault accident. However, this is worth confirming with your broker, and having an attorney review your policy can help you understand any possible implications.

What if the other driver gave me fake insurance information?

This is unfortunately common. A driver who presents false or expired insurance information is treated as an uninsured motorist. Report the accident to police immediately, document everything, and contact your own insurer to initiate a UM claim. Do not wait for the other driver’s alleged insurer to respond — they will confirm no valid policy exists, and you will have lost valuable time.

Can I file a UM claim if I was a pedestrian or cyclist hit by an uninsured driver?

Yes. As a pedestrian or bicyclist struck by an uninsured vehicle, you may be able to file a UM claim under a policy in your household — your own auto policy, a spouse’s policy, or a resident relative’s policy. If no such policy exists, MVAIC may provide coverage. New York law broadly protects accident victims, not just those inside a vehicle.

What damages can I recover in a UM arbitration?

UM awards can include economic damages (medical expenses, lost wages, future medical costs, future lost earnings) and non-economic damages (pain and suffering, loss of enjoyment of life). Unlike no-fault (PIP) benefits, UM coverage applies to the full range of compensatory damages, subject to the serious injury threshold for non-economic damages under Insurance Law § 5104.

What is the serious injury threshold and does it apply to UM claims?

Yes. To recover non-economic damages (pain and suffering) in a UM claim — just as in a standard New York auto tort case — you must establish that you suffered a “serious injury” as defined by Insurance Law § 5102(d). This includes fractures, significant disfigurement, permanent limitation of a body organ or member, and other categories. Your attorney will help you document your injuries to meet this threshold.

My own insurer is lowballing my UM claim. What can I do?

Demand arbitration. The entire purpose of the arbitration process is to provide an independent resolution when you and your insurer cannot agree on the value of your claim. An experienced UM attorney can prepare your case for arbitration, present expert medical testimony, and advocate for the full value of your damages before an AAA arbitrator.

Does New York no-fault insurance affect my UM claim?

Yes, but not negatively. No-fault (Personal Injury Protection) benefits pay your medical bills and a portion of lost wages regardless of fault, up to the $50,000 PIP limit. These benefits are paid first. Your UM claim then covers damages that exceed or fall outside the no-fault system — particularly pain and suffering and economic losses above the PIP cap. The two systems work in parallel.

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Talk to a Long Island Uninsured Motorist Attorney

An uninsured motorist claim on Long Island is not a straightforward insurance transaction. Your own insurer has lawyers. The arbitration process has rules and deadlines. The value of your case depends on how well your injuries are documented, how your claim is framed, and whether your attorney knows how to present UM cases to AAA arbitrators.

The Law Office of Jason Tenenbaum has represented injured drivers, pedestrians, and cyclists across Nassau and Suffolk Counties in UM and SUM claims. We know the arbitration process, the insurers, and how to maximize recovery when the at-fault driver left you with no other option.

If you were hit by an uninsured or underinsured driver on Long Island, contact us today for a free consultation.

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Call us at (516) 750-0595 — available 24/7.

The information in this post is provided for general informational purposes and does not constitute legal advice. Reading this post does not create an attorney-client relationship. If you have been injured in an accident, consult a licensed New York attorney about your specific situation.