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Someone ran a red light, hit your car, and either had no insurance at all or carried the state minimum, which is a fraction of what your injuries will cost. You did nothing wrong, and you are still the one holding the bills.
When the at-fault party cannot pay, your own policy typically provides coverage. New York requires uninsured motorist coverage on every auto policy, and most policies also include supplementary coverage for underinsured drivers. A Buffalo uninsured motorist accident lawyer can help identify all available policies.
At New York Auto Law, we handle uninsured and underinsured motorist claims in Buffalo, New York. We identify the policies that are available to you, meet notice requirements, and take disputes to arbitration or court, depending on which serves your claim. Our attorneys are fluent in English and Spanish, so you will have the law explained to you in your first language. We work on a contingency fee basis, which means you owe us nothing unless we recover for you.
Two Coverages, Two Situations
Uninsured motorist coverage (UM) is applicable when the at-fault driver does not have insurance, when their policy has lapsed, or when the vehicle responsible for the accident fled the scene and was never identified. In New York, every auto insurance policy must include this coverage; it cannot be declined. The minimum coverage amounts are $25,000 per person and $50,000 per accident.
Supplementary uninsured and underinsured motorist coverage (SUM) applies when the other driver’s insurance is insufficient. If a driver carrying $25,000 in coverage causes injuries worth $200,000, SUM covers the gap up to your own limits. SUM is optional but widely held, and for policies issued after June 2018, it is included at your liability limits by default unless you decline it in writing. Many people have it without realizing it.
Does the Coverage Follow You or the Car?
UM and SUM protect the insured person, not just the insured vehicle. That means the coverage applies to you, your family members living in your household, and anyone riding in your car. It also reaches you when you are not in a vehicle at all. A person struck by an uninsured driver while walking or riding a bicycle can claim under their own auto policy, even though no car of theirs was involved. Even if you do not own a vehicle, you may have coverage under a relative’s policy if you live together and are injured as a pedestrian or passenger.
This coverage pays for bodily injury only, meaning medical costs, lost income, and pain and suffering. It does not cover damage to your vehicle or other property; those are handled separately. Mandatory UM applies to accidents occurring in New York. SUM applies by statute in any state or Canadian province where the at-fault driver’s limits fall below yours.
An underinsured motorist lawyer in Buffalo, NY, will pull every policy in the household before concluding that the at-fault driver’s limits are the ceiling.
What Are the Notice Requirements?
Valid claims are frequently lost when claimants fail to meet notice requirements. Your SUM claim is separate from your no-fault claim, and it has its own notice requirement. You will need to notify your insurer in writing as soon as practicable after learning that the at-fault driver’s coverage may be insufficient. Filing a no-fault application does not satisfy it.
The more dangerous trap involves settlement. Before you accept money from the at-fault driver’s insurer and sign a release, you must give your own SUM carrier written notice. The carrier has 30 days to consent or advance that amount itself. Your carrier has the right to pursue the at-fault driver after paying you, and releasing that driver would destroy that right. Settle without notice, and your carrier can deny the SUM claim entirely, no matter how badly you were hurt.
Who Gets to Choose Arbitration?
Under the SUM endorsement prescribed by state regulation, arbitration is available at the insured’s option and upon written demand. The New York State Department of Financial Services has addressed this directly and explained that the insured decides whether to arbitrate or to sue, and the insurer cannot force arbitration on someone who prefers court.
Basic uninsured motorist coverage works differently. Under that endorsement, either party may demand arbitration, which is why the same rule applies when SUM coverage is written at the statutory minimum of $25,000 per person. At that level, it is functionally the same coverage.
Arbitration is usually faster and less expensive. A jury may be worth more in a case with severe injuries and sympathetic facts. A UM/UIM claim attorney in Buffalo can evaluate which forum serves your claim rather than defaulting to whichever the carrier proposes.
What Will the Insurer Argue?
Your carrier is contractually obligated to you and simultaneously paying the claim out of its own pocket. This means you should expect the same arguments a defense lawyer would make.
The insurer will argue that the other driver was not at fault, or that you were. This argument became significantly more dangerous in 2026. New York used to reduce recovery in proportion to a claimant’s share of fault without ever eliminating it. For motor vehicle cases filed on or after May 26, 2026, a claimant who is more at fault than the other driver recovers nothing at all. An argument that once reduced your recovery can now end it.
Insurers typically question the severity of your injuries. SUM claims are subject to the same serious injury threshold that governs a claim against the driver. That list of qualifying categories got shorter this year. For cases filed on or after May 26, 2026, the Legislature deleted the option that covered someone kept from their usual activities for 90 of the first 180 days after a crash.
Expect to account for any gap in your medical treatment. New York requires a break in medical care to be reasonably explained, and months without treatment invite the argument that the injury resolved or came from something else.
SUM benefits generally become available only after the at-fault driver’s liability limits are exhausted. Carriers will scrutinize whether that actually happened.
These arguments are all easier to address before they are raised. Continuous treatment without unexplained gaps, timely written notice, and a clear record of how the collision occurred are what answer them.
Hit-and-Run and Out-of-State Vehicles
A vehicle that fled and was never identified is generally treated as uninsured, which activates your UM coverage. There is an important limit that you should be aware of.
New York requires actual physical contact between the hit-and-run vehicle and your vehicle before UM coverage is triggered. To illustrate the point, imagine you are driving east on Walden Avenue toward the Galleria when another car swerves into your lane and forces you toward the shoulder. You brake and steer to avoid it, and in doing so, you strike a parked car. The other driver keeps going. It happened in a second, and you never saw the other vehicle’s plate. Your car is badly damaged, and you or a passenger may be seriously hurt. It seems unfair, but your UM coverage will not pay for your damages, because the vehicle that caused the crash never touched yours.
That rule makes prompt reporting and any available witness or camera evidence far more important in a hit-and-run than in an ordinary collision. When no insurance policy is available, the Motor Vehicle Accident Indemnification Corporation (MVAIC) serves as a financial safety net for motor vehicle accident victims in New York State. This non-profit organization provides compensation to eligible residents, but there are specific deadlines for submitting claims.
Buffalo is located on an international border, making Canadian vehicles a common sight in local traffic. Under New York law, SUM coverage applies to accidents that occur in any state or Canadian province. This means that if you are involved in a crash on the other side of the bridge, it does not void your policy. To file a SUM claim, however, you still need to demonstrate that the at-fault driver’s bodily injury liability limits are lower than yours, and you must meet the notice and exhaustion requirements.
Why Is Giving a Recorded Statement First a Mistake?
The single most common mistake in these claims is treating your own insurer as an ally during the claims process. The adjuster is professional and often genuinely pleasant. They are also building a file, and a recorded statement given before anyone reviews your policy tends to surface later in an argument about fault or about the severity of your injuries. Nothing requires you to give that statement immediately, so consult a Buffalo uninsured motorist accident lawyer first.
Do Not Sign Anything Before Talking to a Buffalo Uninsured Motorist Accident Lawyer
If you or a loved one were involved in a vehicle accident and the at-fault driver cannot pay all your damages, a Buffalo uninsured motorist accident lawyer can help you recover coverage from your own policy or a household member’s policy. What makes these claims challenging is not the paperwork itself but the fact that many decisions are hard to reverse. There are specific notice requirements to be met, and determining whether to release the at-fault driver and the choice between arbitration or a courtroom influences the outcome of your claim.
At New York Auto Law, we help people recover what they are owed. You purchased coverage for situations like this, and our goal is to ensure that your claim is decided on that coverage and the injuries you sustained, rather than on any procedural missteps. Contact us today for a free consultation.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Liability insurance; standard provisions; right of injured person, N.Y. Ins. Law § 3420 (2026).
- Supplemental Uninsured Motorist and Arbitration, N.Y. State Ins. Dep’t, OGC Opinion No. 00-05-05 (May 2000).
- Actions to be commenced within three years, N.Y. C.P.L.R. § 214 (2022).
- Basics of SUM coverage, 11 N.Y. C.R.R. 60-2.1 (2021).
- Notice of SUM coverage, 11 N.Y. C.R.R. 60-2.2 (2021).
- Damages recoverable when contributory negligence or assumption of risk is established, N.Y. C.P.L.R. 1411 (2026).
- Definitions, N.Y. Ins. Law § 5102(d) (2026).
- Causes of action for personal injury, N.Y. Ins. Law § 5104(a) (2026).
- No-Fault Insurance, Notice,11 N.Y.C.R.R. 65-1.1. (2001).
- Pommells v. Perez, 4 N.Y.3d 566 (2005).
Michael Greenspan has been deeply involved in the affairs of his community for his entire professional career. Mike has been a certified high school track and field official since 1992 and has officiated at prestigious invitational meets as well as the New York State Championships. Additionally, Mike has served as a member of the Executive Committee of the Glenn D. Loucks Games at his alma mater, White Plains High School since 1991 and as a member of the Board of Directors of the JCC-Rockland.