US-New YorkDoes New York's uninsured motorist coverage protect me in a hit-and-run?
Yes, New York's uninsured motorist (UM) coverage protects you in a hit-and-run crash — but only if the at-fault driver is unidentified and you report the incident to police within 24 hours.
What the Law Says
New York law requires auto insurance policies to include uninsured motorist (UM) coverage, which applies to hit-and-run accidents under specific conditions.
In New York, uninsured motorist coverage is mandatory for all auto liability policies. It covers bodily injury when you're injured by a driver who has no insurance — or no identifiable insurance — including hit-and-run drivers who flee the scene and cannot be located.
To qualify for UM benefits after a hit-and-run, you must report the accident to the police within 24 hours. Failure to do so bars recovery, even if you later identify the vehicle or driver.
UM coverage in NY automatically matches your liability limits (up to $25,000 per person / $50,000 per accident minimum), unless you validly reject it in writing. It does not cover property damage — only bodily injury.
Importantly, New York’s no-fault insurance (Personal Injury Protection or PIP) pays first for medical expenses and lost wages up to $50,000 — UM only kicks in for damages exceeding PIP or for non-economic losses like pain and suffering, if you meet the serious injury threshold.
Statutory TextThe policy shall provide uninsured motorist coverage in an amount equal to the limits of liability for bodily injury required for policies issued in this state...
— N.Y. Ins. Law § 3420(f)(1) — Uninsured motorist coverage
Statutory TextNo cause of action shall accrue against the insurer unless the insured reports the accident to the police within twenty-four hours...
— N.Y. Ins. Law § 3420(f)(2) — Reporting requirement
What Courts Have Said
New York courts strictly enforce the 24-hour police reporting rule for hit-and-run UM claims — even when the delay is brief or excusable.
Court denied UM benefits because the insured reported the hit-and-run 26 hours after the accident — holding that § 3420(f)(2)'s 24-hour deadline is jurisdictional and admits no exceptions.
Affirmed dismissal of UM claim where police were notified 30 hours post-accident; court emphasized strict compliance is required regardless of prejudice to the insurer.
What to Do
Call 911 or go to a police station immediately — file the report within 24 hours of the hit-and-run.
Notify your auto insurer as soon as possible, and request your UM claim form.
Submit all medical records and proof of injuries — remember: PIP pays first, then UM may cover excess economic losses and pain/suffering (if serious injury).
Do not sign any UM waiver unless you fully understand you’re giving up legal protection against hit-and-run drivers.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.