Question 1

Does New York allow UM/SUM stacking?

Accepted Answer

The statute does not address it. Court decisions we read enforced a policy clause that limits recovery under more than one policy to the highest limit for any one vehicle under any one policy, so stacking is usually barred by the policy itself. Check your policy for that clause.

Question 2

Is UM required in New York, and what about SUM?

Accepted Answer

Uninsured motorist coverage is required in every auto liability policy, up to $25,000 per person and $50,000 per accident, for accidents in New York. Supplementary uninsured/underinsured motorists (SUM) coverage is optional, in an amount up to your bodily injury liability limits, with maximums of $250,000 per person and $500,000 per accident (Insurance Law 3420(f)).

Question 3

How does New York SUM pay?

Accepted Answer

It applies if the other driver's bodily injury limits are less than yours and only after those limits are exhausted. Court decisions quote the insurance department's regulation as reducing and offsetting your SUM limit by liability payments, so with $100,000 of SUM and $25,000 paid, SUM pays up to $75,000.

Question 4

Can I recover pain and suffering from UM or SUM?

Accepted Answer

For UM, only if you have a serious injury as defined in Insurance Law 5102(d), such as a fracture, permanent limitation or significant limitation. We did not verify whether the same limit applies to SUM, so the calculator applies it to both.

Question 5

What if I was partly at fault, and how long do I have to sue?

Accepted Answer

New York uses pure comparative fault: your damages are reduced by your share of fault and never barred (CPLR 1411). Most injury actions must be commenced within 3 years (CPLR 214(5)); for a person under 18, the time is extended to 3 years after the disability ends (CPLR 208).

New York UM/SUM Stacking Calculator

Estimate your UM/SUM benefits

New York requires basic UM, makes SUM optional, pays SUM as your limit less what you recovered, and lets your policy bar stacking

New York UM/SUM Stacking Calculator

Estimate your UM/SUM benefits

New York requires basic UM, makes SUM optional, pays SUM as your limit less what you recovered, and lets your policy bar stacking

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