Car Insurance
What Long Island Drivers Need to Know
Key Takeaways
Every day across Long Island, drivers share the road expecting that the person behind the wheel of the next vehicle is properly insured. Unfortunately, that assumption is not always correct. Many drivers carry little or no insurance at all. Others carry only the bare minimum coverage required under New York law.
When a serious accident happens, those gaps in coverage can create a major problem for injured people who are simply trying to recover physically and financially.
This is where Uninsured Motorist (UM) coverage and Supplementary Underinsured Motorist (SUM) coverage come into play.
These protections exist within your own automobile insurance policy and are designed to protect you when the person responsible for an accident cannot fully compensate you for your injuries. Despite how important they are, UM and SUM coverage are frequently misunderstood or overlooked by many drivers.
In my experience representing Long Island car accident victims throughout Nassau and Suffolk Counties, situations involving uninsured or underinsured drivers are far more common than people expect. Even responsible drivers who follow the rules can find themselves seriously injured by someone who simply does not carry enough insurance.
Understanding how these protections work can make a significant difference after an accident.
New York requires drivers to carry liability insurance. However, the minimum coverage limits are relatively low compared to the potential cost of a serious injury.
Currently, the required minimum liability coverage in New York is:
For someone who suffers a significant injury in a crash, those limits can be exhausted quickly. Medical treatment, lost income, and long-term consequences often far exceed those numbers.
On top of that, some drivers operate vehicles without any insurance at all, despite the law requiring it.
UM and SUM coverage were created to fill that gap. They allow injured individuals to turn to their own insurance policy for protection when the at-fault driver cannot provide adequate compensation.
If you are injured in an accident involving an uninsured or underinsured driver, these coverages can become one of the most important sources of recovery available.
Uninsured Motorist coverage applies when the driver responsible for an accident has no insurance at all, or when the vehicle involved cannot be identified.
Common examples include:
Under New York law, UM coverage is mandatory in every automobile insurance policy issued in the state.
UM coverage typically applies in situations such as:
In these situations, rather than pursuing a claim against the at-fault driver’s nonexistent insurance policy, the claim is made against your own insurance carrier under the UM provision.
SUM coverage addresses a slightly different situation.
Underinsured motorist coverage applies when the driver responsible for the crash has insurance, but not enough to fully compensate the injured person.
For example:
A driver causes a serious accident but only carries the New York minimum coverage of $25,000 per person. If the injured individual suffers substantial medical treatment, lost income, or permanent injury, that amount may be far from sufficient.
If the injured person carries SUM coverage with higher limits, their own policy can step in after the at-fault driver’s coverage is exhausted.
SUM coverage essentially allows your own policy to bridge the gap between the other driver’s insurance limits and the limits of your SUM policy.
For example:
If the $25,000 policy is exhausted, your SUM coverage could potentially provide additional protection up to your policy limits, depending on the facts of the claim.
Unlike UM coverage, SUM coverage is optional in New York, but it is strongly recommended.
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UM
Uninsured Motorist Coverage
When the At-Fault Driver Has No Insurance Applies when the responsible driver carries no liability insurance, or when the vehicle cannot be identified. Your own policy steps in to cover your damages.
Common situations include hit-and-run accidents, drivers operating without any coverage, and cases where an insurer later denies coverage.
Required in New York
Hit-and-Run
No Coverage
Denied Coverage
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SUM
Supplementary Underinsured Motorist Coverage
When the At-Fault Driver Has Too Little Insurance Applies when the responsible driver has insurance, but not enough to fully compensate you. Your SUM coverage bridges the gap between their limits and yours.
Example: At-fault driver carries $25,000. Your SUM limit is $250,000. Once their policy is exhausted, your SUM coverage can provide additional protection up to your policy limits.
Optional but Recommended
Policy Gap Coverage
Serious Injuries
Minimum Limit Drivers
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Many drivers focus primarily on the cost of their automobile insurance when choosing a policy. As a result, they may not pay close attention to the details of their UM or SUM coverage limits.
Insurance policies often include SUM coverage at relatively modest levels unless the policyholder specifically increases it.
In practice, many people only discover the importance of this coverage after an accident has already occurred.
In my experience handling injury cases across Long Island, it is not uncommon to encounter situations where the at-fault driver carries minimal insurance. Without adequate SUM coverage, the injured person may have limited options for recovering compensation beyond the small policy limits available.
This is why it is often worthwhile for drivers to review their policies and consider whether their SUM coverage limits are sufficient.
When UM or SUM coverage becomes relevant after an accident, the claim is handled somewhat differently from a typical lawsuit against another driver.
In many cases, the process begins after the injured person first pursues the claim against the at-fault driver’s insurance carrier.
If that policy is unavailable (in the case of UM) or insufficient (in the case of SUM), the injured individual can then pursue a claim under their own policy.
Unlike traditional personal injury litigation, these claims often proceed through arbitration rather than a full court trial.
Arbitration is generally a more streamlined process. Instead of a jury trial, the case is presented to an arbitrator who reviews the evidence and determines the outcome.
While the legal issues involved can still be complex, the overall process is typically more efficient and less time-consuming than full litigation in court.
That said, these claims still require careful preparation. Evidence of liability, medical treatment, lost income, and long-term effects of the injury must all be documented and presented effectively.
When an accident occurs, the early steps taken can affect how a UM or SUM claim proceeds.
Some important steps generally include:
| 1 | Report the Accident Promptly Police reports often play an important role in documenting the circumstances of the crash. |
| 2 | Seek Medical Attention Medical records help establish the connection between the accident and the injuries sustained. |
| 3 | Notify Your Insurance Company Insurance policies typically require timely notice when a UM or SUM claim may be involved. |
| 4 | Preserve Evidence Photographs, witness statements, and accident reports can become critical if the case proceeds to arbitration. |
Because UM and SUM claims involve your own insurance carrier, the process can sometimes feel confusing. Even though the claim is made under your own policy, the insurance company still evaluates the case and may dispute aspects of the claim.
Proper documentation and preparation remain essential.
A question many people understandably ask is whether making a claim under their own policy will cause their insurance premiums to increase.
In New York, insurers are generally restricted from raising premiums solely because an insured person makes a claim when they were not at fault for the accident.
However, insurance pricing involves a number of factors, and insurers periodically review policies at renewal. While the law provides protections, every situation can differ depending on the circumstances and the insurance carrier.
For this reason, policyholders sometimes have concerns about making a claim under their own coverage.
It is important to remember that UM and SUM coverage exist specifically to protect policyholders in situations where the responsible driver cannot provide adequate compensation.
Although the arbitration process for UM and SUM claims is often more streamlined than traditional litigation, these cases still involve detailed legal and factual issues.
Insurance companies evaluate:
Preparing a strong claim requires gathering evidence, organizing medical records, and presenting the case clearly and effectively.
In many situations, these claims arise after a serious accident where the injured person is already dealing with medical treatment and recovery.
If you have been injured in an accident involving an uninsured or underinsured driver, it can be helpful to understand the options available under your own insurance policy.
At Palermo Law, we have represented injured individuals across Long Island for more than two decades. Our work frequently involves helping clients navigate situations where the at-fault driver does not carry sufficient insurance coverage.
If you have questions about UM or SUM coverage after an accident, you may wish to speak with a Long Island personal injury lawyer to understand how these protections may apply in your situation.
Understanding the available coverage and the steps involved in the process can help ensure that injured individuals are able to pursue the recovery they need while focusing on their physical recovery.
SUM (Supplementary Uninsured/Underinsured Motorist) coverage activates when the at-fault driver’s insurance exists but isn’t enough to cover your injuries. It bridges the gap between their policy limits and your own SUM limits. Unlike UM coverage, SUM is optional in New York but strongly recommended given the state’s low minimum liability requirements.
Yes. New York requires uninsured motorist coverage in every automobile insurance policy issued in the state. The mandatory minimum matches the state’s basic liability limits. However, drivers can and should purchase higher UM and SUM limits, as the required minimums may be insufficient to cover serious injuries from a car accident.
UM coverage applies when the at-fault driver has no insurance at all. SUM coverage applies when they have insurance, but not enough to fully compensate you. Both coverages are part of your own policy. In New York, UM is mandatory while SUM is optional, though carrying adequate SUM limits is strongly advisable.
Yes. In New York, uninsured motorist coverage typically applies to hit-and-run accidents where the at-fault vehicle cannot be identified. Because there is no driver to pursue, you file the claim under your own UM coverage. Prompt reporting to police and your insurance carrier is important to preserve your right to recover.
New York requires drivers to carry a minimum of $25,000 per person and $50,000 per accident in bodily injury liability coverage. These limits are among the lowest permitted under state law. For victims of serious accidents, these minimums are often exhausted quickly, making SUM coverage a critical protection for Long Island drivers.
A SUM claim begins after you exhaust the at-fault driver’s policy limits. You then file a claim with your own insurer under your SUM coverage. Unlike standard personal injury lawsuits, SUM claims in New York typically proceed through arbitration rather than a jury trial, though evidence of liability and damages must still be carefully documented.
Under New York law, insurers generally cannot raise your premium solely because you filed a UM or SUM claim when you were not at fault. However, insurers review policies at renewal based on multiple factors. Every situation varies by carrier and circumstances, so consulting with an attorney before filing can help you understand your options.
Time limits for UM and SUM claims in New York vary by policy, but notice must typically be given to your insurer promptly after the accident. Waiting too long can jeopardize your claim. Additionally, no-fault insurance applications must be filed within 30 days of the accident, making early legal consultation essential.
While not legally required, having an attorney significantly improves your chances of a full recovery. Insurance companies evaluate UM and SUM claims closely and may dispute liability or the extent of your injuries. An experienced Long Island car accident attorney can document your damages, navigate the arbitration process, and fight for maximum compensation.
