New York law requires every auto policy to include UM coverage, giving injured Bronx drivers a direct path to compensation even when the at-fault driver has no insurance. Filing a UM claim means seeking benefits under your own policy, not pursuing the uninsured driver directly.
Many policies also include Supplementary Uninsured and Underinsured Motorist (SUM) coverage with higher limits for more serious injuries. Insurers often dispute UM and SUM claim values, and navigating those disputes requires understanding how the claims actually work.
Uninsured Drivers Are a Real and Persistent Problem in the Bronx
Uninsured drivers are a documented risk on Bronx roads, and your own policy is the primary source of protection when the driver who hits you carries no coverage. New York law builds that protection into every standard auto policy through mandatory UM coverage, but the limits, notice requirements, and claims process work differently than a standard liability claim.
In a high-density borough like the Bronx, where traffic volume is concentrated on corridors like the Cross Bronx Expressway, Jerome Avenue, and Fordham Road, the probability that any given crash involves an uninsured driver is meaningful.
Uninsured drivers in New York are disproportionately represented in crashes involving suspended registrations, vehicles registered to someone other than the operator, and prior violations that made insurance cost-prohibitive. These are also situations where drivers are more likely to flee the scene, which is why UM coverage and hit-and-run coverage draw from the same legal framework.
The cost of those uninsured drivers does not disappear. It transfers to injured people who face medical bills, lost wages, and long-term injuries while dealing with an insurer that is financially motivated to limit payouts. The problem becomes even more significant after serious collisions involving multiple vehicles or complex coverage issues.
Identifying every available source of insurance often requires investigating household policies, vehicle ownership records, and SUM endorsements that may provide additional compensation.
Call us at 212-543-1600 to make sure you receive the compensation you deserve.
I have been a practicing personal injury lawyer in New Jersey for over twenty years. I knew Michael Maggiano by reputation and when I was involved in an automobile myself I went to him to handle my case. I learned that the reputation was well founded and he has an outstanding law firm, very efficient and professional. He and his staff were always available and helpful during every step of the process and the resultant settlement was excellent. I could not recommend Mr. Maggiano and his firm more highly. Thank you to all at Maggiano, DiGirolamo & Lizzi .
In my Book Chris gets 10+ stars. An Incredibly Talented Attorney. I cannot begin to express my sincere appreciation for all that Chris DiGirolamo has done for me. He took on a most challenging Title59 Immunity Case, against all odds. He always leveled with me as to the complex nature of the case, but with a positive and professional attitude. He was aided in this case, by a fantastic Paralegal, Marisol Suarez. Marisol made a difficult time much easier with her courtesy, humor, and always being responsive. Chris made you feel at all times that he was fighting for you as he would fight for a member of his family. It would not be a trite statement to say that watching him prepare my case was like watching a Maestro conduct a Philharmonic Orchestra. He always kept you informed as to the latest developments in a case that took 3 1/2 years to settle. Chris was able to achieve a settlement that both of us were happy with especially considering the very complex set of circumstances. Simply put, Chris is an Incredible Attorney who is empathetic yet tough and most important ” A Good Guy.”
The Office of Maggiano, DiGirolamo & Lizzi have been so helpful in my case that I just wanted to stress to anyone needing an attorney who has been in an accident that this office is the best. From the beginning of my case I was treated as number one. Mr. Maggiano and staff always kept me informed of the entire process of my case. I even had a driver, Juan, from their office, take me to my medical appointments because I no longer have an automobile. It just made me feel so much more relaxed. This is a law firm makes you feel right at home as soon as you come in. There were many times that I had questions and I would speak to Mariel, Mr. Maggianos’s paralegal and she would always be there to help
Understanding the Three Coverage Tracks Available to You
Three coverage tracks determine what you can recover after a Bronx uninsured driver crash: the UM coverage in your own policy, SUM coverage for higher-limit claims, and MVAIC for claimants who have no personal policy to draw from. Which track applies depends on your specific policy and household coverage.
Mandatory UM Coverage Under Your Own Policy
Every New York auto policy includes UM coverage at the statutory minimum of $25,000 per person and $50,000 per accident. This applies whether the at-fault driver had no insurance at all or cannot be identified because they fled.
Written notice to your insurer is generally required as soon as practicable after the accident. Many policies set specific deadlines and courts enforce them strictly, late notice is a common basis for UM coverage disclaimers. Contact an attorney before any deadline passes.
Supplementary Uninsured and Underinsured Motorist Coverage
SUM coverage is optional but provides meaningfully higher protection, with limits available up to $250,000 per person for policies that carry corresponding liability limits. SUM also functions as underinsured motorist coverage when the at-fault driver carries some liability insurance but at limits too low to cover your injuries.
Under Insurance Law Section 3420(f)(2), SUM limits are offset by whatever the at-fault driver’s policy pays, so the analysis requires knowing both your SUM limits and the at-fault driver’s liability limits before calculating what is actually available to you. In serious injury cases, that gap between what the at-fault driver carries and what your losses actually are can be substantial.
MVAIC for Victims Without Access to Any Policy
If you have no auto insurance of your own and no household member with an insured vehicle, the Motor Vehicle Accident Indemnification Corporation is the insurer of last resort. MVAIC provides no-fault benefits up to $50,000 and bodily injury coverage of $25,000 per person for qualifying claimants.
For hit-and-run accidents, the Notice of Intention must be filed with MVAIC within 90 days. For accidents involving an identified uninsured driver, the deadline extends to 180 days. These are strict statutory deadlines with virtually no exceptions.
Speak with a Bronx uninsured motorist attorney at Maggiano DiGirolamo & Lizzi. We identify every available coverage source before any deadline passes. Free consultation.
How Do UM and SUM Claims Actually Resolve in New York?
UM and SUM disputes in New York do not go to court. They resolve through mandatory arbitration before the American Arbitration Association, where an AAA arbitrator evaluates evidence and issues a binding award.
When your insurer disputes the value of a UM claim or denies it outright, the case proceeds to mandatory arbitration under Insurance Law Section 3420(f). The American Arbitration Association administers these hearings under its Accident Claims Rules. An AAA arbitrator, functioning similarly to a judge in a bench trial, evaluates the evidence, hears testimony, and issues a binding award.
SUM disputes follow a similar framework under Regulation 35-D, with the insured holding the right to choose arbitration or litigation in most cases. The hearing involves the exchange of medical records, lost wage documentation, and professional reports before a formal proceeding where liability and damages are decided.
Your UM or SUM case needs to be built like a trial from the beginning, not assembled at the last minute before an arbitration hearing. The insurer arrives with a defense team that has reviewed your records and identified every argument for paying less. Arriving equally prepared changes the outcome range considerably.
What Insurers Argue in These Cases and How We Respond
Your own insurer in a UM or SUM dispute acts, for practical purposes, as an adversary. Their adjusters are trained to evaluate claims the same way a defense team evaluates a lawsuit. The most common arguments they raise in Bronx uninsured motorist cases are predictable, and anticipating them is the core of how our attorneys prepare.
The first argument is the treatment gap or delay. If any period of time passed between the accident and when you began medical treatment, or between treatment sessions, the insurer argues that your injuries were not caused by the crash or were not as serious as claimed. We document the medical record in a way that addresses causation directly and explains any gap with supporting clinical notes.
The second argument is a pre-existing condition. Bronx residents with any prior history of back, neck, or joint complaints will see insurers cite those records to attribute post-accident injuries to something that predated the crash. The response requires a treating physician who documents what changed after impact and how the crash aggravated or accelerated a previously stable condition.
The third argument is policy limits. The insurer may dispute whether your SUM coverage applies, whether the offset calculation is correct, or whether the at-fault driver’s policy was truly exhausted before a SUM claim can be made.
Under Insurance Law Section 3420(f)(2), exhaustion of the at-fault driver’s liability limits is a condition precedent to SUM payment. Navigating that requirement correctly is a procedural step that can eliminate a SUM claim if mishandled.
Talk to a Bronx uninsured motorist attorney at Maggiano DiGirolamo & Lizzi today. Call 212-543-1600 for a free case review, no obligation.
Why Early Investigation Matters in Uninsured Motorist Cases
Time is especially important in uninsured motorist claims because critical evidence can disappear quickly. Insurance companies frequently investigate whether a vehicle was truly uninsured, whether another policy may apply, and whether the injured person satisfied all notice requirements.
Surveillance footage from nearby businesses, vehicle registration records, witness statements, and electronic crash data may become harder to obtain as time passes. Early investigation also helps identify coverage sources that may not be obvious from the initial police report. By beginning the investigation immediately, an attorney can preserve evidence, document injuries, and ensure that procedural requirements are satisfied before an insurer has an opportunity to dispute coverage.
Verdicts and Settlements
$2,800,000 - T-Boned Truck
Awarded to a driver who crashed into the side of a truck that had pulled into his path, resulting in multiple surgeries to his right knee including total knee replacement.
$500,000 - Fall from Operating Table
While unconscious following pilonidal cyst surgery, a young man was caused to fall from operating table, suffering tears of his labrum resulting in termination of his high school sports.
$850,000 - Unnecessary Surgery
A 54 year old salesman experienced foot disability due to unnecessary tarsal tunnel surgery by the podiatrist.
Frequently Asked Questions
Does UM coverage apply if the uninsured driver was driving someone else's car?
Yes. UM coverage attaches to your policy, not to the at-fault vehicle. Whether the driver owned the car, borrowed it, or drove without permission does not change your right to file a UM claim. What matters is that the driver lacked valid liability coverage at the time of the crash.
The at-fault driver had insurance, but not enough to cover my injuries. Can I still recover more?
Yes, through SUM coverage. SUM functions as underinsured motorist coverage when the at-fault driver’s liability limits are lower than your SUM limits. In practice, you must first exhaust the at-fault driver’s policy by settling with or obtaining a judgment against them before your SUM insurer is obligated to pay.
Under Insurance Law Section 3420(f)(2), exhaustion is a condition precedent to SUM recovery. An attorney needs to coordinate the underlying liability settlement and the SUM claim simultaneously to avoid triggering a forfeiture of SUM rights by settling without proper notice to your SUM insurer.
My insurer is asking for a recorded statement. Do I have to give one?
Your policy contains a cooperation clause requiring you to assist in the claim investigation. However, cooperation does not require an unguided recorded statement before you have counsel. The timing and framing of a statement can affect how the insurer characterizes your injuries. Speak with a Bronx UM attorney before providing any recorded statement to your insurer.
How long does a UM arbitration take to resolve?
From filing the arbitration demand to a final award, UM arbitrations in New York typically take several months to over a year, depending on the complexity of the medical evidence and the dollar amount in dispute. The three-year statute of limitations under CPLR Section 214 governs how long you have to file, but policy notice deadlines may be shorter.
Can I sue the uninsured driver directly in addition to filing a UM claim?
Yes. A direct lawsuit against an uninsured driver is possible, but collection is often impractical when the driver has no significant assets. Pursuing a direct claim does not preclude a UM claim, but any recovery from the driver offsets what your UM insurer owes. Both tracks must be coordinated carefully to avoid reducing your UM recovery or waiving SUM rights.
Talk to a Bronx Uninsured Motorist Accident Lawyer About Your Case Today
The coverage available to you after an uninsured driver crash is not obvious from reading your declarations page. UM limits, SUM endorsements, MVAIC eligibility, notice deadlines, and arbitration procedures interact in ways that determine whether you recover fully or walk away with a fraction of what your injuries are actually worth.
Maggiano DiGirolamo & Lizzi has handled serious injury cases in the Bronx for decades. We know how these claims are built, where insurers look for grounds to reduce payment, and how to prepare a UM or SUM case that holds up through AAA arbitration. The consultation is free, and the case analysis is specific to your policy and your injuries, not a generic overview.
Call 212-543-1600 today and speak directly with a Bronx uninsured motorist accident attorney about what your coverage actually covers and what steps need to happen now.
Disclaimer: Results vary by case. Prior outcomes do not guarantee future results.
