Hit by a Driver With Minimum Insurance in the Bronx? Here’s What You Can Actually Do

Quick Summary

• New York’s minimum liability limit is $25,000 — but that number doesn’t have to be the end of your recovery.
• Your own auto insurance policy likely contains SUM (Supplementary Uninsured/Underinsured Motorists) coverage that can pay the difference.
• Additional defendants — employers, vehicle owners, municipalities — are often liable too, and their policies can be far larger.

You just found out the driver who hit you carries New York’s minimum liability insurance: $25,000. Your medical bills are already higher than that. And the other driver’s insurance company is calling, sounding helpful, ready to wrap this up fast.

Stop. Don’t sign anything yet.

That $25,000 limit is not a ceiling on what you can recover. It’s a floor — the legal minimum the state requires. In the Bronx, we see this situation constantly, and in most cases, there are real, accessible paths to additional compensation that most injured people never know to ask about. The key is knowing where to look before the clock runs out.

Understanding New York’s Minimum Insurance Limits

New York State law requires every registered driver to carry at least $25,000 in bodily injury liability coverage per person, up to $50,000 per accident. (New York State DMV) That sounds like a safety net. In practice, it often isn’t — especially when you’re dealing with serious injuries, surgery, lost wages, and months of physical therapy.

Here’s what the other driver’s insurer won’t tell you: their client’s policy limit is their maximum exposure, not yours. The moment their insurer pays out that $25,000, they’re done. Your bills don’t stop. Your lost income doesn’t stop. Your pain doesn’t stop.

That gap — between what the at-fault driver’s policy covers and what your actual damages are — is exactly what the law anticipated. And it built in a solution.

How SUM Coverage Protects You When the Other Driver Can’t

SUM stands for Supplementary Uninsured/Underinsured Motorists coverage. It’s part of your own auto insurance policy — and it exists for exactly this situation.

Here’s how it works in plain terms:

• The at-fault driver’s insurer pays their policy limit (say, $25,000).
• You then make a SUM claim against your own insurer for the difference between that amount and your actual damages, up to your SUM policy limit.
• If your SUM limit is $100,000, you could potentially recover up to $75,000 more on top of what the at-fault driver’s policy paid.

Most people don’t realize they already have this coverage. New York insurers are required to offer SUM coverage, and many drivers have it without knowing it. The first thing we do when a client comes to us after a minimum-policy crash is pull their own declarations page and find out exactly what’s available to them.

There are deadlines involved — SUM claims have strict notice requirements, and missing them can forfeit your right to collect. This is not the kind of claim to navigate alone.

If you’re not sure whether your policy includes SUM coverage or what your limits are, we offer free consultations at our office, at your home, or at the hospital — wherever is easiest for you. Call us at (718) 796-7900.

Finding Additional Sources of Liability

This is where experience matters most — and where a lot of injured people leave money on the table.

The driver who hit you may not be the only party responsible. In the Bronx, many accidents involve circumstances that point to additional defendants:

• Employer liability. If the at-fault driver was working at the time — making a delivery, driving a company vehicle, running an errand for their employer — the employer may be liable under a legal theory called respondeat superior. Employers typically carry far more insurance than individual drivers.
• Vehicle owner liability. In New York, the owner of a vehicle can be held liable for injuries caused by someone they permitted to drive it. If the driver borrowed someone else’s car, that owner’s policy may be available.
• Municipal liability. Potholes, broken traffic signals, missing signage, and dangerous road conditions are real factors in Bronx accident cases. If a city or state agency’s negligence contributed to the crash, there may be a separate claim against that entity — though these claims have very short filing windows (as little as 90 days for a Notice of Claim against a municipality).
• Rideshare and commercial vehicle liability. If a Lyft, Uber, or delivery driver hit you, the company’s commercial policy — which can be $1 million or more — may apply depending on the driver’s status at the time of the crash.

The point is this: the at-fault driver’s $25,000 policy is rarely the only source of recovery. But identifying the others requires a real investigation — not just a review of the police report.

What Happens If the Driver Was Completely Uninsured?

If the driver who hit you had no insurance at all, the SUM framework still applies. In that case, your own policy’s uninsured motorist coverage steps in as the primary source of compensation. New York requires all auto policies to include uninsured motorist coverage, so if you have a car registered in the state, you have at least some protection.

The process is similar: you file a claim with your own insurer, document your damages, and negotiate — or, if necessary, arbitrate — the value of your claim. Your insurer is legally required to handle this fairly, but that doesn’t mean they always do.

What the Insurance Company’s First Call Is Really About

When the at-fault driver’s insurer calls you quickly after the accident — sometimes within 24 to 48 hours — it can feel like they’re trying to help. They’re not.

They’re trying to close your claim before you understand your rights. A fast settlement offer on a minimum-policy case is almost always a lowball number designed to get you to sign a release before you’ve finished treating, before you know the full extent of your injuries, and before anyone has investigated whether additional defendants exist.

Once you sign that release, it’s over. You can’t come back for more — even if you need surgery six weeks later.

Don’t accept any settlement offer without speaking to an attorney first. That conversation costs you nothing. What you give up by signing too early could cost you everything.

Your Next Steps After a Minimum-Policy Crash

The actions you take in the days after the accident shape your entire case. Here’s what matters:

1. Get medical attention immediately — and keep going. Gaps in treatment are used against you.
2. Do not give a recorded statement to the other driver’s insurer without legal counsel.
3. Pull your own auto insurance declarations page and look for your SUM limits.
4. Preserve evidence — photos, witness names, dashcam footage, the police report number.
5. Contact an attorney before the deadlines pass. Municipal claims can expire in 90 days. SUM notice requirements are strict. Time matters.

At Kerner Law Group, P.C., we’ve been handling exactly these cases in the Bronx for over 30 years. We know the local courts, the insurance company tactics, and the investigative steps that uncover additional sources of recovery. Insurance companies have lawyers protecting their interests — and so should you.

Ready to Talk? We’re Here.

Call Kerner Law Group, P.C. at (718) 796-7900.

We offer FREE consultations — at our office, at your home, or at the hospital. We’re available 24 hours a day. There’s no fee unless we recover for you.

Whether you’re in Riverdale, Kingsbridge, Marble Hill, or anywhere in the Bronx, our team is ready to investigate your case, identify every available source of compensation, and fight for the recovery you deserve.

Everyone Deserves Their Fair Day In Court. We Work For You.

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