If you are hit by an uninsured driver in New York, you can file a claim with your own insurance company for your medical expenses and lost wages under your uninsured motorist (UM) coverage. If you don’t have your own auto insurance, you may be able to file a claim for no-fault benefits with the New York Motor Vehicle Accident Indemnification Corporation (MVAIC). You can also potentially sue the at-fault driver, but this may be difficult if they have no assets to pay for damages.
If the at-fault driver has no insurance, you still have options.
Getting into a crash is stressful—learning that the other driver is uninsured can make it worse. Whether the collision happened in the Bronx, Queens, Brooklyn, Staten Island, Long Island, or Westchester, New York law and your own policy provide paths to recovery.
At Chaikin Trial Group, our attorneys bring 25+ years of combined experience helping New Yorkers navigate uninsured motorist claims, subrogation, and MVAIC benefits. Below is a clear, human guide you can follow right now.
What’s in This Guide
- New York Basics: No-Fault & Liability (Quick Refresher)
- Who Pays After You’re Hit by an Uninsured Driver
- UM/UIM & MVAIC: How Claims Actually Work
- What to Do Right After an Accident with an Uninsured Driver
- Is It Worth Suing an Uninsured Driver?
- FAQs on Rates, Compensation, Subrogation & More
- When to Call a Lawyer
Case Today (212) 977-2020
New York Basics: No-Fault & Liability
New York is a no-fault state. Your PIP (Personal Injury Protection) pays your medical bills and part of lost wages, no matter who caused the crash. PIP doesn’t cover vehicle repairs or pain and suffering. For that, you look to fault-based coverage, which is complicated when the at-fault driver is uninsured.
Who Pays After You’re Hit by an Uninsured Driver
- Uninsured Motorist (UM): Your own policy “steps into the shoes” of the at-fault driver to cover injury damages (and, if you carry it, UMPD for vehicle damage).
- Collision Coverage: If you don’t have UMPD, you can use collision coverage for car repairs (subject to your deductible).
- MVAIC: If no policy applies (e.g., a hit-and-run and you lack UM), New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC) may provide limited benefits.
Recent data from the Insurance Research Council (2024) found that around 14% of U.S. drivers are uninsured, with New York averaging about 6%—so this happens more often than you’d think.
UM/UIM & MVAIC: How Claims Actually Work
- UM (Uninsured Motorist) covers you when the at-fault vehicle has no liability insurance or in a qualifying hit-and-run.
- UIM (Underinsured Motorist) applies when the at-fault driver’s limits are too low for your injuries.
- MVAIC is a safety net in specific situations (strict notice rules apply).
- Subrogation/Collection: After paying your claim, your insurer may subrogate—they go after the uninsured driver to recover what they paid and your deductible.
What to Do Right After an Accident with an Uninsured Driver
- Call 911 and file a police report. Make sure “no insurance” is noted on the record.
- Document everything. Photos, damage, injuries, and witnesses all help your case.
- Exchange information (if possible) and note any admissions from the driver.
- Notify your insurance immediately. Let them know you were hit by an uninsured driver so they can open a UM or UMPD claim.
- Get medical care right away. PIP starts your no-fault coverage.
- Contact a personal injury lawyer. There are short deadlines for UM or MVAIC claims—an attorney can protect your rights from day one.
Is It Worth Suing an Uninsured Driver?
Sometimes, but it depends on whether the driver has any assets or income to collect from. In most cases, your best option is to rely on your insurance coverage (UM/UIM, collision, or MVAIC).
Less than 10% of judgments against uninsured drivers in New York are ever collected, so filing a claim through your policy is usually the faster, more effective route.
FAQs About Uninsured Driver Accidents
What should I do right after an accident with an uninsured driver?
Call police, take photos, notify your insurer, get medical care, and talk to a lawyer experienced with UM/UIM and MVAIC claims.
Can I still make an insurance claim if the other driver is uninsured?
Yes. Uninsured Motorist (UM) covers your injuries, while MVAIC may help if no valid policy exists or it’s a hit-and-run.
Is it worth suing an uninsured driver?
Only if they have assets. Most victims recover through UM/UIM and MVAIC instead.
How do insurance companies go after uninsured drivers (subrogation)?
They pursue the at-fault driver for repayment of what they paid out, including your deductible.
What happens if you’re hit and you don’t have insurance?
You may still qualify for MVAIC benefits or certain no-fault protections, depending on your household’s coverage.
Will my rates go up if someone uninsured hits me?
Typically, not for not-at-fault crashes in New York—but your insurer may still re-rate your policy at renewal.
What compensation can I recover after an uninsured motorist crash?
Depending on your claim type, compensation can include medical bills, lost wages, property damage, and pain and suffering.
When to Call a Lawyer
Dealing with uninsured drivers is complicated. With over 25 years of combined experience, Chaikin Trial Group helps clients across New York City, Long Island, and Westchester County recover the compensation they deserve. Our attorneys handle everything—from UM and UIM filings to subrogation, settlement, and trial when necessary. Contact us today.
