What is uninsured motorist coverage on Long Island?

Uninsured motorist coverage pays for injuries when the at-fault driver has no insurance, flees the scene, or their insurer denies coverage. In New York, UM coverage is mandatory in all automobile insurance policies.

What is SUM coverage on Long Island?

SUM coverage provides additional compensation when the at-fault driver's insurance policy is not enough to cover your injuries. Your own policy can provide coverage up to your SUM limits once the at-fault driver's policy is paid.

Does UM coverage apply to hit and run accidents?

Yes. UM coverage typically applies when the driver responsible for the accident cannot be identified, such as in hit and run crashes on Long Island. To preserve your right to file a UM claim, you should report the accident to the police immediately, notify your insurance carrier promptly, and document any available evidence about the fleeing vehicle. Prompt action is critical to protecting your claim.

What are the minimum insurance limits in New York?

New York requires drivers to carry minimum bodily injury liability coverage of $25,000 per person and $50,000 per accident. These limits are among the lowest in the country and are quickly exhausted in serious injury cases. If your own SUM coverage exceeds the at-fault driver's limits, your policy can provide additional compensation once those limits are paid in a settlement or trial.

Will filing a UM or SUM claim increase my insurance premium on Long Island?

In New York, insurers generally cannot increase your premium solely because you filed a claim when you were not at fault for the accident. In our experience making a UM or SUM claim is not generally a reason carriers raise premiums.

Do UM and SUM claims go to court?

In our experience virtually all UM and SUM claims on Long Island are resolved through arbitration rather than a traditional court trial. Arbitration is a more streamlined process in which an arbitrator reviews the evidence and determines the outcome. While it can be faster than litigation, the claim still requires thorough preparation, including documentation of liability, medical treatment, lost income, and the full impact of your injuries.

What should I do if I am in a hit and run accident on Long Island?

Call the police immediately and file an accident report. Document the scene, note any witness information, and seek medical attention. Report the accident to your own insurance carrier as soon as possible. Hit and run accidents on Long Island are typically handled through UM coverage under your own policy, since the at-fault driver cannot be identified.

How long do I have to file a UM or SUM claim on Long Island?

New York law requires prompt notice to your insurer after a potential UM or SUM claim arises. While specific deadlines vary by policy, most policies require notice within a short period after the accident. Additionally, the statute of limitations for underlying personal injury claims in New York is generally three years. Speaking with an attorney promptly after an accident helps ensure you do not miss critical deadlines.

What is the SUM offset rule on Long Island?

Under New York's SUM offset rule, your SUM coverage applies to the difference between the at-fault driver's policy limits and your SUM policy limits. For example, if the at-fault driver carries $25,000 in coverage and your SUM limit is $250,000, your SUM coverage can provide up to an additional $225,000 once the at-fault driver's policy is paid. The offset calculation can be complex if there are multiple injured parties and an attorney can help ensure it is applied correctly.

Can I stack UM or SUM coverage on Long Island?

New York generally does not permit stacking of UM or SUM coverage across multiple vehicles on a single policy unless the policy specifically allows it. However, household members may be able to access coverage under policies held by other members of the same household depending on the circumstances. An experienced attorney can review the available policies and identify all potential sources of coverage.

What compensation can I recover in a UM or SUM claim?

UM and SUM claims can include compensation for medical expenses, lost wages, future medical care, pain and suffering, and other damages caused by the accident. The recoverable amount is subject to your policy's coverage limits. Because these claims proceed through arbitration rather than a jury trial, thorough preparation and documentation of all damages is essential to achieving a strong result.

What is the notice requirement for a UM or SUM claim on Long Island?

New York insurance policies require policyholders to provide timely notice to their insurer when a UM or SUM claim may be involved. Failure to provide prompt notice can give the insurance company grounds to disclaim coverage, even if you have a valid claim. If you are involved in an accident with an uninsured or underinsured driver, notify your carrier promptly and consult an attorney before making any formal statements.

How long does a UM or SUM arbitration take on Long Island?

The timeline for UM and SUM arbitration varies depending on the complexity of the injuries, the amount of documentation required, and scheduling with the arbitration forum. Less complex cases may resolve in several months, while cases involving serious injuries or disputed liability can take a year or longer. Working with an experienced attorney from the start typically helps move the process forward more efficiently.

Do I need a police report to file a UM or SUM claim on Long Island?

While a police report is not always legally required to file a UM or SUM claim, it is strongly recommended. A police report documents the accident, identifies the vehicles involved, and records whether the at-fault driver had insurance. In hit and run cases, filing a police report promptly is often a specific requirement under the terms of your policy. Without a report, your insurance carrier may dispute key facts about the accident.

Long Island Uninsured & Underinsured Motorist Lawyer

When You Need a Long Island Uninsured Motorist Attorney

$750,000 Recovered for a single SUM claim
75+ Years combined experience
400+ Five-Star Google Reviews
9 Offices Across Long Island

Every day on Long Island, drivers travel the Long Island Expressway, Sunrise Highway, Northern State Parkway, and countless local roads assuming the other drivers around them are properly insured. Unfortunately, that belief is not always correct.

Some drivers operate vehicles with no insurance at all. Others carry the bare minimum coverage required by New York law. When a serious crash occurs, those low limits can quickly become a major problem for injured victims who are trying to recover physically and financially.

This is where Uninsured Motorist (UM) coverage and Supplementary Underinsured Motorist (SUM) coverage become extremely important.

These protections exist within your own automobile insurance policy and are designed to protect you when the driver responsible for the accident are not able to compensate you for your injuries.

At Palermo Law, we regularly represent accident victims across Suffolk County and Nassau County who find out after a crash that the at-fault driver just does not have enough insurance coverage. Understanding how UM and SUM claims work can make a significant difference in your ability to recover compensation after a serious accident.

With more than 25 years of experience and over $75 million recovered for injured clients around Long Island, our firm has the knowledge and record to pursue every dollar available under your policy. If you have been injured by an uninsured or underinsured driver, we can help.

Case Result

What Happens When the At-Fault Driver Doesn’t Carry Enough Insurance?

When our client was rear-ended by an underinsured driver, the $25,000 liability policy didn’t come close to covering his injuries. See how Palermo Law identified SUM coverage and recovered $705,000 across two claims.

Read the Full Case Study

How Our Long Island Uninsured Motorist Lawyers Handle Your Claim

At Palermo Law, preparation begins early. Building a strong claim requires careful investigation and documentation of all the facts surrounding the claim.

Our process often includes:

Detailed client intake to understand the accident
Obtaining police reports and insurance information
Collecting medical records and treatment documentation
Gathering photographs and video evidence
Identifying witnesses
Documenting lost income and financial impact
Consulting medical and economic experts when necessary

By carefully preparing the case from the beginning, we position our clients to pursue the full compensation available under their insurance coverage.

Why Long Island Uninsured and Underinsured Motorist Claims Require an Attorney

New York law requires drivers to carry liability insurance. However, the minimum required limits are relatively low compared to the real cost of serious injuries.

Currently, the minimum bodily injury liability coverage in New York is (Insurance Law § 3420):

Per Person

$25K

maximum per injured person

vs.

Per Accident

$50K

maximum for all injuries combined

Why this matters

A single surgery can exceed $25,000. Serious injuries routinely cost $100,000–$500,000 or more.
New York’s minimums are among the lowest in the country — and are quickly exhausted.

For someone who suffers a bad injury in a crash, those limits are not enough. Medical treatment, lost wages, rehabilitation, and long-term effects can easily exceed these numbers.

Unfortunately, the problem does not stop there. Some drivers operate vehicles without any insurance at all.

UM and SUM coverage were created to address these situations. They allow injured individuals to turn to their own insurance policy when the responsible driver has no insurance or low insurance limits.

In many cases involving serious injuries, these coverages become one of the most important sources of financial recovery available.

What Is Uninsured Motorist (UM) Coverage?

Uninsured Motorist coverage, commonly referred to as UM coverage, applies when the driver responsible for an accident has no insurance at all or when the vehicle involved cannot be identified, such as a hit and run accident.

Under New York law, UM coverage is mandatory in every automobile insurance policy issued in the state meaning you already have it.

UM coverage may apply in situations such as:

A driver operating a vehicle without liability insurance
A hit and run accident where the driver cannot be identified
A situation where an insurer denies coverage to the at-fault driver
A pedestrian struck by an uninsured vehicle

UM coverage can apply if you are:

Driving your own vehicle
A passenger in another vehicle
A pedestrian struck by a car
Injured in a hit-and-run crash

Instead of pursuing compensation from a driver who has no insurance, the claim is made against your own insurance carrier under the uninsured motorist provisions of your policy.

What Is Supplementary Underinsured Motorist (SUM) Coverage?

Supplementary Underinsured Motorist coverage, commonly known as SUM coverage, addresses a slightly different problem.

SUM coverage applies when the driver responsible for the accident has insurance, but not enough to fully compensate the injured person.

For example:

If a driver causes a serious crash but only carries the minimum coverage of $25,000, that amount may be far from sufficient if the injured victim requires surgery, extended treatment, or suffers a permanent injury.

If the injured person carries SUM coverage with higher limits, their own insurance policy can provide additional compensation once the at-fault driver’s policy has been exhausted.

For example:

At-fault driver’s policy: $25,000
Your SUM coverage: $250,000

If the $25,000 policy is recovered by you, your SUM coverage may provide additional compensation 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 because the state’s minimum insurance limits are relatively low.

Injuries Commonly Seen in Uninsured and Underinsured Motorist Cases

The types of injuries that arise in uninsured and underinsured motorist accidents are often serious. Because these crashes frequently involve high speeds or drivers who were behaving recklessly, the resulting injuries can require extensive medical treatment and long-term care. UM and SUM coverage exists precisely to ensure that injured victims are not left without a means of recovery simply because the at-fault driver lacked adequate insurance.

Traumatic Brain Injuries

A traumatic brain injury can result from any accident in which the head is struck or subjected to violent movement. Symptoms range from concussion and cognitive impairment to permanent disability. Treatment costs are usually substantial, often far exceeding the at-fault driver’s minimum policy limits. SUM coverage can bridge the gap when those limits fall short of the full cost of care.

Spinal Cord and Herniated Disc Injuries

Rear-end collisions and high-impact crashes frequently cause spinal injuries, including herniated discs, nerve damage, and in severe cases partial or complete paralysis. These injuries sometimes require surgery, physical therapy, and ongoing pain management. The lifetime cost of spinal cord injury care can reach into the millions, making SUM coverage critically important for victims of underinsured drivers.

Broken Bones and Fractures

Fracture injuries are among the most common outcomes of uninsured motorist accidents. Broken arms, legs, wrists, ribs, and hips can require surgery, hardware placement, and extended rehabilitation. Even after physical recovery, some fractures result in permanent limitations that affect a victim’s ability to work and perform daily activities.

Soft Tissue Injuries

Soft tissue injuries involving muscles, tendons, and ligaments are extremely common in motor vehicle accidents. Whiplash, shoulder tears, and knee ligament damage can be debilitating and require months of treatment. Insurance companies frequently dispute the severity of soft tissue injuries, which is why having an experienced Long Island uninsured motorist lawyer is essential to building a well-documented claim.

Internal Injuries

Organ injuries and internal bleeding can result from the force of a collision and may not be immediately apparent. These injuries are some of the most serious and can be life-threatening if not caught and treated right away. The medical costs that comes with internal injuries are usually significant and often exceed the coverage available from a minimally insured at-fault driver.

Wrongful Death

When an uninsured or underinsured driver causes an accident that results in a fatality, surviving family members may have a wrongful death claim. UM and SUM coverage can provide compensation to the family for lost financial support, funeral expenses, and the profound loss of a loved one. These claims involve specific procedural requirements and are best handled by an attorney experienced in both wrongful death law and UM/SUM arbitration.

Uninsured and Underinsured Motorist Accidents on Long Island

Many drivers assume that everyone on the road carries adequate insurance coverage. Unfortunately, that is not always the case.

In our experience representing injured clients across Long Island communities such as Huntington, Babylon, Patchogue, and Mineola, it is common to run into cases where the at-fault driver only has minimal insurance.

When that happens, victims may discover that the available insurance coverage is not enough to cover their injuries.

Without adequate SUM coverage, injured individuals may have limited options for recovering compensation beyond the small policy limits available.

This is why reviewing your own insurance policy and understanding your coverage limits can be extremely important.

How UM and SUM Claims Work on Long Island

UM and SUM claims are handled somewhat differently from traditional personal injury lawsuits.

In most situations, the process begins by pursuing the claim against the at-fault driver’s insurance carrier — the same first step taken in any Long Island car accident claim.

If the driver has no insurance or insufficient coverage, the injured person can then pursue a claim under their own policy through UM or SUM coverage.

Unlike traditional litigation, these claims typically go through arbitration instead of a jury trial.

Arbitration is generally a more streamlined process. Instead of presenting the case to a jury, the evidence is presented to an arbitrator, who reviews the evidence and decides the case.

While arbitration can be faster than full court litigation, the claim still requires careful preparation. Insurance companies will closely evaluate:

Liability for the accident
Medical treatment records
The seriousness of the injuries
Lost income and economic damages
Long-term impact on the injured person’s life

Proper documentation and preparation remain essential to maximizing recovery.

Steps to Take After an Uninsured Motorist Accident on Long Island

The steps taken immediately after an accident can significantly affect how a UM or SUM claim proceeds.

Following the right steps after an uninsured or underinsured motorist accident can protect your health and your legal rights.

1	Call the Police and File an Accident Report A police report is one of the most important documents in a UM or SUM claim. It establishes that an accident actually happened, identifies the vehicles involved, and records the at-fault driver’s insurance information (or lack thereof). Without a police report, your insurance carrier may dispute the circumstances of the crash. Always request a copy of the report for your records.
2	Seek Immediate Medical Attention Even if you feel you were not seriously hurt, see a doctor as soon as possible. Delays in treatment give insurance companies ammunition to argue that your injuries were not caused by the accident or were not as serious as claimed. Medical records created close in time to the crash are among the most powerful evidence in a UM or SUM arbitration.
3	Document the Scene and Gather Evidence If you are physically able, photograph the vehicles, road conditions, any visible injuries, and the surrounding area. Collect the names and contact information of any witnesses. Police don’t always do it. If the at-fault driver leaves the scene, note as much information as possible. This evidence can become critical if the claim is later disputed.
4	Notify Your Insurance Carrier Right Away New York insurance policies require policyholders to provide prompt notice of a potential UM or SUM claim. Failing to notify your carrier within a reasonable time can give the insurer grounds to disclaim coverage. You do not need to have all the details finalized before reporting the accident. Notify your carrier early and let an attorney handle the communications from that point forward.
5	Obtain the At-Fault Driver’s Insurance Information If the at-fault driver does have insurance, obtain their policy information at the scene if possible. Your attorney will need to verify coverage limits before determining whether SUM coverage under your own policy will be needed to fully compensate you. If the driver has fled or cannot be identified, document that fact, as well.
6	Preserve All Medical Records and Bills Every medical visit, prescription, physical therapy session, and specialist consultation generates records that document the full scope of your injuries and treatment. Keep copies of all medical bills, receipts, and correspondence with healthcare providers. These records form the foundation of the damages portion of your arbitration claim.
7	Consult a Long Island Uninsured Motorist Lawyer UM and SUM claims involve your own insurance company, which means you are dealing with a sophisticated entity that will carefully evaluate every aspect of your claim looking for ways to minimize their payout. An experienced Long Island uninsured motorist attorney can manage communications with the insurer, build the evidentiary record, and represent you through the arbitration process. Early legal representation almost always leads to a better outcome.

Because these claims involve your own insurance company, the process can sometimes feel confusing. That is by design. The insurance companies are great at creating red tape. Even though the claim is made under your own policy, the insurance company dispute aspects of the claim trying to limit their exposure.

Can Filing a UM or SUM Claim Raise Your Insurance Premium?

Many clients understandably worry about whether filing a claim under their own insurance policy will increase their premiums.

In New York, insurers are generally restricted from raising premiums solely because an insured person files a claim when they were not at fault for the accident.

However, insurance pricing involves a variety of factors, and policies are periodically reviewed at renewal. Each insurance carrier may approach these issues somewhat differently.

UM and SUM coverage exist specifically to protect policyholders when another driver fails to carry adequate insurance. Therefore using it should not create an increased premium.

Why Choose Palermo Law for Your UM or SUM Claim

When your own insurance company is evaluating your claim, you need a law firm with the experience and resources to match them. At Palermo Law, we have represented injured accident victims across Long Island for more than 25 years, recovering over $75 million for clients throughout Nassau and Suffolk Counties.

Our approach to every uninsured and underinsured motorist claim is built on three principles:

Maximize Your Compensation

UM and SUM claims require detailed documentation of every element of your damages, including medical expenses, lost income, future care needs, and the full impact of your injuries on your daily life. We build claims designed to pursue the maximum recovery available under your policy.

Reduce Your Stress

Dealing with your own insurance carrier after a serious accident can be frustrating and confusing. We handle all communications with the insurer, manage the arbitration process, and keep you informed at every stage so you can focus on your recovery.

Resolve Your Case as Efficiently as Possible

We work to move UM and SUM claims forward efficiently without sacrificing the quality of preparation needed to achieve a strong result. Our goal is to resolve your case as quickly as possible while making sure every aspect of your damages is fully addressed.

Palermo Law has been recognized five times as a Best Law Firm and has received over 400 Five Star Google reviews from clients across Long Island. We handle UM and SUM cases on a contingency fee basis, meaning there is no fee unless we recover compensation for you. Our attorneys are available during regular business hours and after-hours at all 9 offices across Nassau and Suffolk Counties.

Our Long Island Offices

Palermo Law serves clients in Nassau and Suffolk Counties from 9 conveniently located offices. We are available for in-person consultations and after-hours appointments at all locations.

Babylon Personal Injury Attorney – Serving Babylon, West Babylon, Lindenhurst, Copiague, and Amityville
Carle Place Personal Injury Attorney – Serving Carle Place, Westbury, Garden City, East Meadow, and Old Westbury
East Hampton Personal Injury Attorney – Serving East Hampton, Southampton, Bridgehampton, Montauk, and Sag Harbor
Elmont Personal Injury Lawyer – Serving Elmont, Valley Stream, Floral Park, Franklin Square, and Malverne
Hauppauge Personal Injury Attorney – Serving Hauppauge, Smithtown, Commack, Nesconset, and Brentwood
Huntington Personal Injury Attorney – Serving Huntington, Melville, Dix Hills, Cold Spring Harbor, and Northport
Mineola Personal Injury Attorney – Serving Mineola, Garden City, Hempstead, New Hyde Park, and Williston Park
Patchogue Personal Injury Lawyer – Serving Patchogue, Medford, Holbrook, Ronkonkoma, and Bellport
Riverhead Personal Injury Lawyer – Serving Riverhead, Center Moriches, Westhampton, Aquebogue, and Jamesport

Reviewed by

Steven Palermo Esq.

Senior Partner, Palermo Law, P.L.L.C.

Steven Palermo is a Long Island personal injury attorney with more than 25 years of experience representing injured victims in Nassau and Suffolk Counties. He is admitted to the New York State Bar and the United States District Court for the Eastern District of New York.

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Palermo Law, P.L.L.C.

9 Offices Across Long Island

Long Island Uninsured/Underinsured Motorist Accident Lawyer