Can I recover supplemental uninsured motorist (SUM) benefits beyond no-fault?

What the Law Says

New York law requires auto insurers to offer supplemental uninsured/underinsured motorist (SUM) coverage, which provides additional protection when the at-fault driver lacks sufficient insurance. SUM benefits are separate from and payable after no-fault (personal injury protection) benefits are exhausted.

SUM coverage is optional but must be offered by every insurer issuing a motor vehicle liability policy in New York. It applies when the responsible driver is uninsured, underinsured, or a hit-and-run driver whose identity cannot be established.

You must first exhaust your no-fault benefits before seeking SUM compensation. No-fault covers up to $50,000 for medical expenses, lost wages, and other economic losses — regardless of fault. Only after those benefits are used up (or denied) may you pursue SUM.

To preserve your SUM claim, you must notify your insurer in writing within 30 days of the accident. You also need written consent from your insurer before settling with the at-fault party — otherwise, you risk forfeiting SUM rights.

Statutory Text

Every insurer issuing a motor vehicle liability insurance policy… shall offer supplemental uninsured motorist coverage… in an amount equal to the bodily injury liability insurance limits of the policy, but not less than twenty-five thousand dollars…

— N.Y. Ins. Law § 3420(f)(1) — Supplemental Uninsured Motorist Coverage

Statutory Text

No cause of action shall accrue… unless the insured… has exhausted all available first-party benefits…

— N.Y. Ins. Law § 3420(f)(2)(a) — Conditions Precedent to Recovery

Statutory Text

The insured shall give written notice to the insurer within thirty days… and shall obtain the written consent of the insurer prior to effecting any settlement…

— N.Y. Ins. Law § 3420(f)(2)(b) — Notice and Settlement Requirements

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