A car clips you on Niagara Street at night and keeps going. Or the driver who rear-ended you on Main Street hands over an insurance card that turns out to be expired. New York’s system has backstops for both situations, but they come with deadlines that are easy to miss in the chaos after a crash.
What coverage is on every New York policy?
Every New York auto policy must include uninsured motorist coverage, with bodily injury limits no lower than $25,000 a person and $50,000 a crash. That pays when you’re hurt by a driver with no insurance or by a hit-and-run driver. New York’s minimum liability limits are the same $25,000 and $50,000 for injury, $50,000 and $100,000 for death, and $10,000 for property damage, per the DMV’s insurance requirements.
What’s SUM coverage?
Supplementary uninsured and underinsured motorist coverage, or SUM, is optional coverage you can buy up to your own liability limits. It does two things. It raises your uninsured motorist protection above the minimum, and it protects you when the driver who hit you carries too little coverage. If you carry $250,000 in SUM and the other driver has the $25,000 minimum, SUM may help fill the gap, subject to offsets and policy terms. Check your declarations page. If you don’t see SUM, consider adding it.
What’s MVAIC?
The Motor Vehicle Accident Indemnification Corporation is a New York nonprofit funded by insurers. It’s a safety net for people hurt by uninsured or unidentified drivers who don’t have their own policy to turn to. If you don’t own a car and don’t live with a relative who has auto insurance, MVAIC may be where your no-fault benefits and an uninsured motorist claim begin.
What are the deadlines?
- 24 hours. In a hit-and-run, report the crash to police within 24 hours, or as soon as reasonably possible. Without a timely report, MVAIC and uninsured motorist claims can be denied.
- 30 days. No-fault notice to the insurer, or to MVAIC if it’s the payer.
- 90 days. A sworn notice of intention to make a claim with MVAIC.
- Prompt notice. Your own policy requires notice of an uninsured or underinsured claim as soon as practicable. Read the policy for its exact terms.
Do you still need a serious injury?
Yes. For pain and suffering through uninsured motorist or SUM coverage, the injured person generally must meet the same serious injury threshold that applies against an insured driver. The 2026 changes to the threshold and the fault rule may also apply. See our threshold guide.
What about physical contact?
For hit-and-run claims, New York generally requires that there was physical contact between the unidentified vehicle and you or your vehicle. A “miss-and-run,” where a driver forces you off the road without touching you, is harder. Witnesses and video carry those cases, so collect them right away.
How are these claims decided?
Uninsured and SUM claims against your own insurer usually go to arbitration rather than court, depending on the policy. Your own insurer takes the position of the at-fault driver in that process, arguing about fault and damages. Treat it like any other adversarial claim.
What should you do after a hit-and-run?
- Call 911 and report it right away.
- Jot down every detail of the fleeing car, like color, make, a partial plate, damage or direction of travel.
- Look for cameras on nearby homes and businesses.
- Get witness names and phone numbers.
- Notify your insurer, and MVAIC if it applies, in writing.
Help for crime victims
Leaving the scene of an injury crash is a crime. The Office of Victim Services may help with costs insurance doesn’t cover. Since December 31, 2025, victims have three years to apply.
The short version
- Every New York policy has uninsured motorist coverage of at least $25,000 and $50,000.
- SUM adds underinsured protection and higher limits.
- MVAIC helps people without their own policy.
- Report a hit-and-run to police within 24 hours, and file with MVAIC within 90 days.
The 24-hour police report and the 90-day notice of intention
The MVAIC qualification page explains that a hit-and-run claimant generally has to report the crash to the police within 24 hours and file a notice of intention to make a claim within 90 days. Those dates are shorter than New York’s three-year lawsuit deadline and shorter than the four years the DMV keeps crash reports. If you also have SUM coverage on your own policy, read that policy for its own notice rules, which can be shorter still.
An MV-104 can still be due within 10 days if someone was hurt, and a no-fault application, when MVAIC or an insurer is paying first-party benefits, still generally follows the 30-day and 45-day windows described by the DFS filing FAQ.
Ordinary New York minimum liability coverage, when a driver has a policy at all, is only $25,000 for injury to one person and $50,000 for one crash, per the DMV insurance-requirements page. SUM coverage is designed for the gap above those limits, or for the driver with no usable policy. Read your declarations page in the first week, not after an insurer has already taken a recorded statement.
If a death is involved, look at the Office of Victim Services as well. A change effective December 31, 2025 generally allows three years to apply and no longer requires a police report.
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