When the driver who hit you has no insurance, not enough insurance, or fled the scene, your recovery does not end. It can shift to your own policy. Uninsured motorist coverage, called UM, pays when the at-fault driver had no insurance or cannot be found, and supplementary underinsured motorist coverage, called SUM, pays when the driver’s limits are too low to cover your injuries. For a motorcyclist this matters more than for most drivers, because riders are excluded from no-fault under Insurance Law Article 51, so this coverage is often the only source that can pay a serious claim.
William Mattar, P.C. has handled motor vehicle accident cases for more than 30 years. This page explains how UM and SUM coverage works for New York riders, when it applies, and the deadlines that can end a claim.
Key facts for New York riders
- Uninsured motorist (UM) coverage is mandatory in New York and pays when the at-fault driver had no insurance or fled. In New York it equals the liability minimum: $25,000 per person and $50,000 per accident.
- Supplementary underinsured motorist (SUM) coverage is optional and pays the gap when the at-fault driver’s limits are lower than your damages. Many riders carry it without realizing it.
- A hit-and-run counts as an uninsured-driver claim, so UM coverage applies even when the driver is never identified.
- Riders are excluded from no-fault under Insurance Law Article 51, which makes UM and SUM the main safety net after a crash with an uninsured or underinsured driver.
- UM and SUM claims carry strict notice deadlines that can be short, so the policy should be reviewed within weeks of the crash.
When the at-fault driver has no insurance or too little, a rider’s own UM and SUM coverage is often the only source that can pay.
UM and SUM: what each one covers
The two coverages solve two different problems. Uninsured motorist coverage stands in for a driver who has no insurance at all, or who hit you and drove off. Your own insurer pays for your injuries, up to your UM limit, as if it were the missing driver’s insurer. Supplementary underinsured motorist coverage applies when the driver does have insurance, but not enough. It bridges the gap between the at-fault driver’s low policy limit and the actual value of your injuries, up to your SUM limit. New York’s minimum liability limit is only $25,000 per person, which is far less than the cost of a serious motorcycle injury, so SUM is often what makes a real recovery possible.
| Situation | Coverage that applies |
| The driver had no insurance | Your uninsured motorist (UM) coverage |
| A hit-and-run driver who is never found | Your uninsured motorist (UM) coverage |
| The driver had insurance, but the limits are too low | Your supplementary underinsured motorist (SUM) coverage |
| The driver had enough insurance to cover your injuries | The at-fault driver’s liability insurer |
Why this coverage matters more for motorcyclists
A car occupant hit by an uninsured driver still has no-fault benefits paying medical bills and lost wages in the background. A motorcyclist has none of that, because riders are excluded from no-fault under Insurance Law Article 51. When the at-fault driver cannot pay, there is no automatic coverage to fall back on, so the rider’s own UM and SUM coverage is usually the only money available. Riders who carry only the minimums, or who declined SUM to save on premiums, often find that out after a catastrophic crash. Reviewing your own declarations page is one of the most useful things you can do after being hit by a driver who turns out to be uninsured or underinsured.
Hit-and-run counts as an uninsured-driver claim
If a driver hit you and fled, and is never identified, you are not left without options. New York treats a hit-and-run as an uninsured-motorist situation, so your UM coverage applies even though the at-fault driver is unknown. There are conditions: the contact usually must be reported promptly to the police and to your insurer, and physical contact between the vehicles is generally required. Reporting the crash quickly protects this coverage. Every case is unique. You should speak with an attorney.
The catch: notice deadlines and the claim process
UM and SUM are first-party claims against your own insurer, and they come with strings. The policy requires notice within a set time, sometimes as soon as practicable and sometimes a fixed number of days, and missing it can forfeit the coverage. These claims are frequently resolved through arbitration rather than a lawsuit, and the insurer, though it is your own, may still scrutinize fault and the value of your injuries. New York’s comparative negligence rule, CPLR 1411, applies here too, so the same fault and documentation work matters. Because the deadlines are short and easy to miss, the policy should be reviewed within weeks of the crash.
Deadlines on the underlying claim
Beyond the policy’s own notice requirements, the underlying injury claim follows the usual New York deadlines: three years to file most injury claims under CPLR 214, and two years for wrongful death under EPTL § 5-4.1. A crash involving a government vehicle can add a 90-day notice of claim under General Municipal Law § 50-e. The UM and SUM notice deadlines usually run sooner than these, which is why the policy review cannot wait. Every case is unique, so it is advisable to speak with an attorney as soon as possible.
Frequently asked questions
What happens if the driver who hit my motorcycle had no insurance?
Your own uninsured motorist (UM) coverage applies and pays for your injuries up to its limit, as if it were the at-fault driver’s insurer. In New York that minimum is $25,000 per person and $50,000 per accident.
What is the difference between UM and SUM coverage?
UM covers you when the at-fault driver had no insurance or fled. SUM covers you when the driver had insurance but the limits were too low to cover your injuries, bridging the gap up to your SUM limit.
Does my UM coverage apply to a hit-and-run on a motorcycle?
Yes. New York treats a hit-and-run as an uninsured-driver claim, so UM coverage applies even if the driver is never found, provided you report the crash promptly to the police and your insurer.
How soon do I have to act on a UM or SUM claim?
Quickly. These claims carry strict notice deadlines that can be short and are easy to miss, so the policy should be reviewed within weeks of the crash, well before the three-year filing deadline on the underlying claim.
Hit by an uninsured, underinsured, or hit-and-run driver while riding in New York? William Mattar, P.C. ’s motorcycle accident attorneys review your own coverage, protect the notice deadlines, and pursue every available source, at no cost to you. Offices and intake locations across the state, serving riders across New York State. Call (844) 444-4444 for a free case review, available 24/7.
About William Mattar Accident Lawyers, P.C.
William Mattar, P.C. is a New York law firm that handles motor vehicle accident cases and has represented injured people for over 30 years, with its principal office in Williamsville and offices and intake locations across the state. The firm represents motorcycle, car, truck, bus, pedestrian, and rideshare accident victims throughout New York State, with free case reviews available 24/7 at (844) 444-4444.
Related reading from William Mattar
- Does No Fault Insurance Cover Motorcycle Accidents in New York State
- Who Pays the Medical Bills After a Motorcycle Crash in New York State
- Proving Fault When a Car Turns Left in Front of a Motorcycle
- Average Motorcycle Accident Settlement in New York State
- How to Find the Best Motorcycle Accident Law Firm in New York State
Each of the above is part of William Mattar’s New York State motorcycle accident resource library.
Sources
- New York Insurance Law Article 51, including § 5102(d)
- New York Department of Financial Services, uninsured (UM) and supplementary underinsured motorist (SUM) coverage regulations
- New York Civil Practice Law and Rules §§ 214 and 1411
- New York General Municipal Law § 50-e
- New York Estates, Powers and Trusts Law § 5-4.1
Attorney Advertising. This article provides general information about New York law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated June 2026.