Uninsured Motorist Coverage in New York: Do You Need It?
New York requires that all car insurance policies include uninsured motorist coverage, but underinsured motorist coverage is optional!
Written by Jacqulyn Graber
Reviewed by Kathleen Flear
New York State requires that all car insurance policies include $25,000 or more of uninsured motorist coverage, but underinsured motorist coverage is optional.
Most states require that all drivers hold some level of
liability insurance
and personal injury protection (PIP)
coverage, but New York takes safety a step further by also requiring a specified level of uninsured motorist coverage in an attempt to protect drivers from those who skirt the law. Here to walk you through all of the details regarding New York State’s uninsured motorist coverage requirements is
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Do you need uninsured motorist coverage in New York?
Yes—
uninsured motorist coverage
(UM) is legally required in New York State. All drivers must have a car insurance policy that includes $25,000 or more of UM coverage.While these requirements may make your policy slightly more expensive, they are intended to protect you and your wallet. According to the
Insurance Information Institute (III)
, approximately 4.1% of all drivers in New York are uninsured. While this may seem like a small number (New York actually is one of the best states in the nation when it comes to insured drivers), it still means that there are tens of thousands of drivers out on the road who lack car insurance. Now add in those drivers who lack robust coverage and you’ve got a large chunk of drivers whose insurance won’t cover the costs of damage to your vehicle in the event of an accident.
While UM provides coverage for your medical payments when an uninsured driver is at fault, New York has an additional coverage called supplemental underinsured motorist coverage or SUM for when at-fault drivers have insurance but not enough to pay for your medical expenses. SUM essentially picks up where the other driver’s liability insurance (and your own personal injury protection coverage) leaves off, covering key medical expenses resulting from a collision.
Note that SUM insurance is completely optional—but, fortunately, its relatively cheap to add to your policy, thanks to the Empire State’s relatively low percentage of uninsured drivers.
How uninsured motorist insurance works in New York
Are you still unsure how UM coverage supplements the rest of your car insurance policy? Well, New York State requires all drivers to hold a certain level of liability insurance (including
property damage liability
and bodily injury liability
), as well as personal injury protection (PIP). Liability insurance pays for other drivers’ repairs if you’re at fault in an accident, while PIP covers your medical bills and related expenses. The initial payments toward medical expenses will come from your PIP coverage first from any accident, regardless of who is at fault. Once those limits are exhausted, UM/SUM (whichever is appropriate for the situation) will kick in automatically. This is especially important considering the high cost of medical treatment in New York.
What’s available
Even though your basic policy will include at least $25,000 of uninsured motorist bodily injury coverage up to $50,000 per accident, more robust coverage is available.
You may choose to purchase higher levels of:
- Uninsured motorist bodily injury coverage (UM), which covers your medical expenses (and those of your passengers) after an accident with an uninsured driver
- Supplementary underinsured motorist bodily injury coverage (SUM), which covers your medical expenses if the other driver’s liability insurance isn’t sufficient to cover your costs
Insurance experts recommend carrying UM/SUM coverage equal to what you selected for bodily injury liability. So if you have bodily injury coverage of $100,000 per person up to $300,000 per accident, make sure to at least match those limits with your UM coverage. This ensures that you are protecting yourself and the people in your car as much as you are willing to protect others.
What it covers
As we mentioned earlier, the required UM bodily injury coverage offered in New York will cover medical expenses for you and your passengers—including ER bills, surgical costs, and beyond:
- Future medical expenses
- Lost wages
- Long-term rehabilitative or nursing care
- Medical devices such as wheelchairs
- Retrofitting your house to accommodate a disability caused by the accident
- Services such as yard work or cleaning that you’re no longer able to do
- Pain and suffering (under certain circumstances)
Optional SUM coverage will pay for non-economic losses as well. Non-economic losses include pain and suffering, loss of enjoyment of life, emotional trauma, and other losses that are harder to quantify than medical bills or lost wages.
How to make a claim
After a car accident
, it’s essential to gather personal and insurance information from all parties involved. In most cases, you won't know if the other driver has an active insurance policy or not, but don't worry—that is for your claims adjuster to worry about. The main point is to always contact your claims department if you are involved in an accident.They may ask you to provide certain documentation (medical records, traffic crash reports, hospital bills, etc.), which can often be done via your car insurance provider’s app. If you or a passenger is injured, simply give the medical provider your car insurance information instead of your health insurance information, and they will contact your insurance company for you.
Keep in mind that PIP will pay for your medical costs first, followed by UM/SUM up to the policy limits. If there are any overages, the remaining balance will have to be covered via your health insurance.
Why it’s a good idea to buy uninsured motorist insurance in New York
Obviously, UM coverage is legally required—but it may be a good idea to purchase an amount beyond
New York State minimums
and/or to add on SUM coverage. Although it will ultimately raise your car insurance rates, it’s still likely a good investment. Here’s why:Healthcare in New York is expensive
New Yorkers spend more on medical expenses than the average American. Health care in the Empire State is getting less and less affordable, and there’s a good chance that your health insurance policy (if you have one) lacks sufficient coverage to pay for some of the more astronomical bills.
New York is #4 in the nation for hit-and-run accidents
SUM coverage can also help you if you’re unlucky enough to end up in a hit-and-run accident.
From 2010 to 2019, NY had the four highest number of hit-and-run accidents—or crashes where the at-fault driver fled the scene. Even if you
report the hit-and-run
, you won’t be able to file a claim with their insurance since they’re not present at the scene of the accident. And if you only have liability protection, your insurance will not cover a hit-and-run either.Over 4% of New York drivers are uninsured
Once again, 4% may not sound like a large amount—but consider the fact that there are well over 12 million licensed drivers in the state. That means that about 500,000 New York drivers lack car insurance.
How to save on uninsured motorist coverage in New York
Since UM coverage is mandatory in New York—and investing in UIM coverage is probably a good idea—it’s important to think about how you’ll save money on such a comprehensive car insurance policy.
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