You did everything right. You were driving safely, obeying the speed limit, and paying attention. Suddenly, another driver runs a red light on Route 9 or swerves into your lane on the Thruway, causing a devastating crash.
As if the physical pain and totaled vehicle aren’t enough, you get a call from the police or the insurance adjuster with a terrifying piece of news: The driver who hit you does not have auto insurance.
At O’Connor & Partners, PLLC, this is one of the most common—and most stressful—situations our Hudson Valley clients face. If you have been hit by an uninsured driver or they have the minimum insurance coverage required to operate a vehicle on the public highways. The driver that has less insurance than your coverage would make them an underinsured driver. It is easy to panic and assume you are going to be stuck with thousands of dollars in medical bills or worry that there isn’t enough coverage for an injury you or an occupant of your car suffered.
Fortunately, under New York State law, you have built-in protections. Here is exactly what you need to know about your legal rights and how to secure the compensation you deserve.
The Reality of New York’s Minimum Insurance Laws
Even if the at-fault driver does have insurance, it might not be enough to cover your injuries. New York State requires drivers to carry a minimum of just $25,000 in bodily injury liability coverage.
Given the cost of modern healthcare, a single emergency room visit, an MRI, and a few weeks of physical therapy can easily exhaust a $25,000 policy. If you require surgery or miss months of work, that state minimum is completely inadequate.
Your First Line of Defense: New York No-Fault (PIP)
The first thing to remember is that New York is a “No-Fault” insurance state.
Regardless of who caused the accident, or whether the other driver has insurance, your own auto insurance policy includes Personal Injury Protection (PIP). Your PIP coverage will automatically step in to pay up to $50,000 of your immediate accident-related medical bills and a portion of your lost wages.
However, No-Fault does not compensate you for your pain and suffering, emotional distress, or future diminished earning capacity. For that, we have to look to your SUM coverage if the defendant driver has the state minimum.
The Secret Weapon: UM/SUM Coverage Explained
If the driver who hit you has no insurance (Uninsured) or not enough insurance to cover your severe injuries (Underinsured), we turn to a specific provision in your own auto policy known as UM/SUM (Uninsured/Supplementary Underinsured Motorist) coverage.
By law, every auto insurance policy issued in New York State must include basic Uninsured Motorist (UM) coverage. Many responsible drivers also purchase additional SUM coverage.
How it works:
- Uninsured (UM): If a completely uninsured driver or a hit-and-run driver hits you, your UM coverage steps into the shoes of the at-fault driver. Your insurance company pays you the compensation the other driver should have paid.
- Underinsured (SUM): If your injury claim is worth $100,000, but the at-fault driver only has a $25,000 policy, your attorney will collect the $25,000 from them, and then file a SUM claim against your own insurance company to recover the remaining $75,000 (provided your SUM limits are high enough).
Why You Still Need a Lawyer (The “Friendly” Betrayal)
This is where many accident victims make a critical mistake. They assume that because they are dealing with their own insurance company—the one they have paid premiums to for years—the process will be easy and fair.
It will not be.
When you file a UM/SUM claim, your own insurance company essentially becomes your legal adversary. Their goal is to protect their profit margins, which means they will actively try to minimize your injuries, argue that you were partially at fault for the crash, or offer you a lowball settlement.
To win a SUM claim, you must formally prove the extent of your damages just as aggressively as you would if you were suing a stranger.
Local Representation for Hudson Valley Drivers
Filing an uninsured or underinsured motorist claim involves strict legal deadlines and complex procedural rules. If you fail to notify your insurance company of a potential SUM claim within the required timeframe, they can legally deny your coverage entirely.
Do not let an uninsured driver make matters worse for your family, and do not let your own insurance company shortchange your recovery. The trial attorneys at O’Connor & Partners, PLLC have decades of experience forcing insurance companies to honor their policies and pay our clients what they are owed.
With offices in Kingston, Poughkeepsie, and Newburgh, we are ready to fight for you. Contact us today for a free, confidential consultation to review your insurance policy and discuss your legal options.