Hit by an Uninsured Driver in New York? UM, SUM and MVAIC Explained
The police report comes back and there is no insurance code. Or the other driver has a policy with $25,000 in coverage and you have surgery scheduled. Or the car never stopped at all.
Each of those is a different problem with a different solution, and New York has built three separate systems to handle them. What they share is short deadlines — far shorter than the three-year window most people assume they have.
The Three Situations
| Situation | What you use |
|---|---|
| Other driver has no insurance, or fled and was never identified | UM — Uninsured Motorist coverage on your own policy |
| Other driver has insurance, but not enough | SUM — Supplementary Underinsured Motorist coverage |
| You have no auto policy of your own to turn to | MVAIC — Motor Vehicle Accident Indemnification Corporation |
UM: Coverage You Already Have
Every New York auto policy must include uninsured motorist coverage at a minimum of $25,000 per person / $50,000 per accident. You do not have to buy it separately; it is already there.
UM steps into the shoes of the driver who hit you. You still have to prove that driver was at fault, and you still have to clear the serious injury threshold — the claim is not automatic just because the other car was uninsured. The difference is who pays.
One structural quirk: UM claims are usually resolved through arbitration rather than a lawsuit, because your policy says so. That is often faster, but it changes the strategy considerably.
SUM: The Coverage Most People Skipped
This is the one worth checking your declarations page for tonight.
New York’s minimum liability limit is $25,000 per person, a figure that has not moved in decades. A serious injury blows through it easily. SUM covers the gap between the at-fault driver’s limits and your own SUM limits.
The catch: SUM is optional, and your SUM limit cannot exceed your own bodily injury liability limit. If you carry the state minimum, you have effectively no underinsured protection — there is no gap to fill. Raising your own liability limits is what makes SUM meaningful, and it is one of the cheapest coverage upgrades available.
MVAIC: The Last Resort
If you have no auto policy of your own — a pedestrian, a cyclist, a passenger in an uninsured car, someone who does not own a vehicle — New York’s Motor Vehicle Accident Indemnification Corporation exists for you.
MVAIC has hard eligibility rules. You must have been a New York resident at the time, have no other available auto insurance, and not be the owner (or the owner’s spouse) of the uninsured vehicle.
The deadlines are where these claims are lost:
- Report to police within 24 hours of the accident. This one is unforgiving, and it is the most common reason a MVAIC claim fails.
- Notice of Intention to Make Claim within 90 days for a hit-and-run or unidentified vehicle.
- Within 180 days where the vehicle was identified but uninsured.
Why Hit-and-Run Cases Need Fast Action
In a hit-and-run, everything depends on evidence that decays. Bodega and traffic cameras overwrite within days or weeks. Witnesses who saw a plate lose the memory of it. A prompt police report is not just good practice — for MVAIC it is a jurisdictional requirement, and for a UM claim it is what proves an unidentified vehicle actually existed.
If you were struck and the driver left, treat the first 24 hours as the whole case. Our hit-and-run guide for Queens covers the immediate steps, and the general post-crash checklist covers scene evidence.
What Does Not Change
Your no-fault benefits still apply. Medical bills and lost wages up to $50,000 are paid regardless of whether the other driver was insured — through your own carrier, or through MVAIC if you have none. The 30-day filing deadline for no-fault runs the same way it always does.
What UM, SUM and MVAIC add on top is the pain and suffering piece, and for that the serious injury threshold still has to be met.
Not sure what coverage you actually have?
Send us your declarations page. We will read it and tell you what is available — free, no obligation.
Frequently Asked Questions
What happens if the driver who hit me has no insurance in New York?
You generally claim against the uninsured motorist (UM) coverage on your own auto policy, which every New York policy must carry at a minimum of $25,000 per person. If you have no policy of your own, MVAIC may cover you instead. Your no-fault medical benefits are unaffected either way.
Will my rates go up if I make a UM claim?
You are using coverage you already paid for in a situation where you were not at fault. Rating practices vary by carrier, and this concern stops far too many people from pursuing a legitimate claim. It is worth asking rather than assuming.
What is the difference between UM and SUM?
UM applies when the at-fault driver had no insurance at all or was never identified. SUM applies when they had insurance but not enough to cover your damages, and it fills the gap up to your own SUM limit. SUM is optional coverage and cannot exceed your own bodily injury liability limit.
How long do I have to file an MVAIC claim?
The accident must be reported to police within 24 hours. A Notice of Intention to Make Claim is due within 90 days for a hit-and-run or unidentified vehicle, and within 180 days where the vehicle was identified but uninsured. These deadlines are strict.
Can I still recover if the driver fled and was never found?
Often yes, through UM coverage on your own policy or through MVAIC. You will need to show an unidentified vehicle caused the crash, which is why a prompt police report and any camera footage or witness information matter enormously.
Do I still have to prove serious injury in a UM claim?
Yes. UM and SUM stand in for the at-fault driver, so the same rules apply — you must establish fault and meet the serious injury threshold under Insurance Law 5102(d) to recover for pain and suffering.
Disclaimer: This article is general information about New York law, not legal advice, and reading it does not create an attorney-client relationship. Coverage, eligibility, and deadlines depend on your policy language and the facts of your accident, and exceptions exist. Prior results do not guarantee or predict a similar outcome. Speak with a licensed New York attorney about your specific situation. Attorney advertising.
