What to Do If I Have a Car Accident with an Uninsured Driver in New York?

If you’re in a car accident with an uninsured driver, call the police immediately and request an official accident report. Then, seek medical attention and keep records of all treatments. File a no-fault insurance claim with your own insurance company to cover initial costs. If your injuries are severe, you may need to rely on your uninsured motorist coverage for additional support. To understand your rights and recover full compensation, consult with a New York car accident attorney.

At Uptown Injury Law, PLLC, our team understands New York law and has experience handling uninsured motorist claims. We gather evidence, communicate with your insurance company, and build a strong case for your injury claim. Our attorneys also review your insurance policy to ensure you receive every benefit available under UM coverage. Contact us at 917-540-8728 for a free consultation and get the legal support you need.

What Should You Do If You’re Hit by an Uninsured Driver in New York?

You should call 911 to report the accident and request medical help. Gather the driver’s information, take photos, and speak with any witnesses at the scene. Inform your insurance company, and keep all medical records and repair bills. If your injuries are severe, a New York car accident attorney can help you file a UM claim and pursue the full compensation you’re entitled to.

Uninsured motorist coverage plays a key role after a crash with an uninsured driver in New York. According to New York’s Department of Financial Services, this coverage is required by law and must match the state’s minimum liability limits of $25,000 per person and $50,000 per accident. It only applies to bodily injury, so if your vehicle is damaged, you’ll need collision coverage to cover those costs.

To access UM benefits, you must show that the other driver was at fault and uninsured, and you must meet your insurer’s filing deadlines. Some policies also include supplementary underinsured motorist (SUM) coverage, which can help if the at-fault driver’s insurance isn’t enough to cover your losses. A qualified attorney can review your policy, handle the claim process, and work to secure every benefit you’re entitled to.

How Do New York No‑Fault Insurance Rules Apply in an Uninsured Car Crash?

If an uninsured driver hits you, your no-fault insurance will still cover your medical bills, lost wages, and essential expenses through your own insurance policy. These benefits apply regardless of who caused the crash. To receive them, you must file a claim within 30 days of the accident. However, no-fault does not pay for vehicle damage or non-economic losses like pain and suffering.

All no-fault benefits are provided through your Personal Injury Protection (PIP), which includes:

• Up to $50,000 per person for medical treatment and other necessary expenses
• 80% of lost wages, capped at $2,000 per month for up to three years

To avoid claim delays or denials, your medical providers must submit bills within 45 days of treatment, and you must follow all policy deadlines. If your injuries exceed what PIP covers and meet New York’s serious injury threshold, such as a fracture, disfigurement, or long-term limitation, you may be eligible to file an uninsured motorist (UM) claim for additional compensation like pain and suffering.

How Does Uninsured Motorist (UM) Coverage Work?

When the at-fault driver has no liability insurance or leaves the scene, your uninsured motorist (UM) coverage offers financial protection. It is included in your auto policy and helps cover serious injuries. In some cases, it may also provide compensation for pain and emotional distress.

After your insurer confirms that the other driver is uninsured or fled the scene, your UM claim typically proceeds through binding arbitration instead of court. This standard process in New York helps resolve disputes more efficiently. To begin, you’ll file a Demand for Arbitration with the American Arbitration Association, along with supporting documents like medical records and proof of lost income. An arbitrator is assigned to review the evidence from both sides and determine how much compensation you should receive. The arbitrator’s decision is typically issued within 30 days, making arbitration a faster and more structured alternative to a traditional personal injury lawsuit.

At Uptown Injury Law, PLLC, we handle every part of the UM process, including arbitration filings, your police report, and other supporting documents. If the at-fault party is uninsured, we work to recover full compensation for your sustained injuries under New York law. Contact us today for a free consultation.

Are There Time Limits for Filing an Uninsured Motorist Claim?

Yes, you generally have up to six years to file a UM or SUM claim under CPLR 213(2). This timeframe is longer than for standard personal injury cases. However, most insurance policies usually require written notice within 30 to 60 days of the accident. Failing to meet this deadline can result in a denied claim, even if the legal deadline has not passed.

Because of this difference between legal and policy deadlines, New York Insurance Law § 3420(a)(5) shows why timely notice matters. If you report the accident within two years, the insurer must prove that the delay affected their ability to investigate or assess your claim. However, if notice is given after two years, you must prove that the delay did not impact their review process. To avoid complications, it’s best to notify your insurance company immediately.

What If Both Drivers Are Uninsured in New York?

If both drivers are uninsured, you cannot file a no-fault claim or use uninsured motorist coverage. You’ll likely be responsible for your medical bills and damages. Since New York law requires every driver to carry insurance, you may lose the right to sue for damages and may face legal penalties.

In limited cases, you may qualify for support through the Motor Vehicle Accident Indemnification Corporation (MVAIC). This state program may provide coverage if the crash is reported right away and the other driver is confirmed uninsured. However, accepting MVAIC assistance carries added risks. After paying your claim, the agency may pursue subrogation to recover those costs from you or the other driver. This process can result in a court judgment. If that judgment remains unpaid, your driver’s license may be suspended until the full amount is repaid.

Can You Sue an Uninsured Driver After a Car Accident?

Yes, you can sue an uninsured driver after a car accident to recover compensation for your injuries or property damage. You must show they caused the crash and provide evidence of your losses to support your case. Even without insurance, the driver can still be held legally responsible through a personal injury or property damage lawsuit.

However, suing an uninsured driver doesn’t always guarantee payment. If the driver has no income or assets, collecting damages can be difficult. Still, a court judgment gives you legal tools to recover what you’re owed. You can place a lien on any property the driver owns, garnish a portion of their wages, or freeze funds in their bank account. In some cases, you may also be able to seize and sell personal property like a vehicle.

While some income sources, such as Social Security, are protected, these steps can still help you collect over time if the New York driver later gains wages, property, or assets. At Uptown Injury Law, PLLC, we guide you through every legal step to help recover compensation from the uninsured driver, even if the recovery process takes time. Contact us at 917-540-8728 for a free case review.

What Penalties Can You Face as an Uninsured Driver in New York?

Driving without insurance in New York can lead to fines, vehicle impoundment, license and registration suspension, and even jail time. If you’re involved in a crash, you could be held personally responsible for all damages, including medical bills and vehicle repairs. Other penalties may include:

• Fines ranging from $150 to $1,500, plus a mandatory surcharge
• Up to 15 days in jail
• Civil penalties for allowing someone else to drive your uninsured vehicle
• Up to $900 in fines if you fail to return your license plates during a coverage lapse

If your insurance lapse goes beyond 90 days, you must return your plates and complete the full suspension period. If a crash happens during that time, the penalties are more serious. The DMV will take away your license and registration for at least one year. To get them back, you must pay a $750 civil penalty, provide proof of insurance, and meet all DMV requirements.

Uptown Injury Law, PLLC Fight For Your Rights if an Uninsured Driver Hits You — Get a Free Case Review!

After a crash with an uninsured driver, you may face medical bills, lost income, and uncertainty about how to proceed. While no-fault insurance offers basic coverage, it may not be enough to cover serious or long-term injuries. In such cases, filing a UM claim through your own policy may be necessary to pursue full compensation for your losses.

At Uptown Injury Law, PLLC, we guide you through every step of the claims process. Our experienced personal injury lawyer notifies your insurer, gathers medical records, and prepares the documents needed to prove your losses. If the claim is delayed or denied, we act quickly to protect your rights. Whether you’re dealing with ongoing treatment, lost income, or lasting injuries, we work to secure full compensation. Call 917-540-8728 or visit us at 2417 Third Ave, Suite 505, Bronx, NY 10451 for a free case review.

FAQs