What Happens if You’re Hit by an Uninsured Driver in New York?

You could do everything right. You drive safely, maintain insurance, and follow the rules of the road. Then, out of nowhere, another car slams into yours. When you try to exchange information, you discover the other driver has no insurance at all.

Unfortunately, this scenario happens more often than you might think. Even though New York law requires all drivers to carry insurance, many still take the risk of driving uninsured. If you’re hit by one of them, you may be wondering: Who pays for my medical bills and vehicle repairs? Can I still recover compensation?

The good news is that you still have legal options, even if the other driver was uninsured or fled the scene.

New York’s Car Insurance Requirements

New York is a no-fault insurance state, meaning every driver must carry a minimum amount of insurance coverage, including:

• $25,000 for bodily injury to one person ($50,000 per accident).
• $50,000 for the death of one person ($100,000 per accident).
• $10,000 for property damage.

Drivers are also required to carry Personal Injury Protection (PIP), which covers medical expenses and lost wages for you and your passengers, regardless of who caused the crash. However, if the other driver doesn’t have insurance, your recovery can become more complicated.

Uninsured Motorist (UM) Coverage

Every New York auto insurance policy must include Uninsured Motorist (UM) coverage. This coverage steps in when you’re hit by:

• A driver with no insurance.
• A hit-and-run driver who can’t be identified.
• A driver insured by a company that later goes bankrupt.

UM coverage can pay for your medical expenses, lost income, and pain and suffering. This is up to your specific policy limits and acts as if the uninsured driver had been properly insured.

If you have Supplementary Uninsured/Underinsured Motorist (SUM) coverage, you may be entitled to even greater protection when the other driver’s coverage is too low to fully compensate you.

What to Do at the Scene of the Accident

If you’ve just been hit by an uninsured driver, stay calm and take steps to protect yourself legally and medically.

• Call 911 immediately. Report the accident to the police and request medical help if anyone is injured. A police report will be critical to your case.
• Do not accept blame. Never apologize or admit fault (even casually) as this can be used against you.
• Exchange information. Get the other driver’s name, license plate, and contact details. If they admit to having no insurance, note it in your records.
• Take photos and videos. Document vehicle damage, license plates, street signs, and visible injuries.
• Talk to witnesses. Get names and phone numbers of anyone who saw the accident.
• Do not accept cash. Some uninsured drivers may try to offer money at the scene. Decline and let the proper process take place.

What to Do After the Accident

After leaving the scene, your next steps are crucial to ensuring your rights are protected.

• Notify your insurance company right away. Inform them that the other driver was uninsured or fled the scene.
• File a No-Fault claim. This will allow you to receive PIP benefits for medical expenses and lost wages.
• See a doctor as soon as possible. Even minor injuries can worsen over time, and medical documentation will be vital to your claim.
• Keep records. Save all receipts, medical bills, and correspondence related to the accident.
• Contact an experienced car accident lawyer. An attorney can help you navigate the claims process, communicate with insurers, and pursue additional compensation if necessary.

What Not to Do

It’s easy to make mistakes after an accident, especially when you’re dealing with shock, confusion, or stress. Avoid these common missteps:

• Don’t assume your insurer will handle everything automatically. Insurance companies are still businesses. They may try to minimize what they pay.
• Don’t delay medical treatment. Waiting too long can harm your health and your case.
• Don’t give recorded statements to insurance adjusters without legal advice. They may try to twist your words or get you to admit fault.
• Don’t settle quickly. Fast settlements are rarely fair, especially when future medical care or lost wages are involved.

When You Can Sue After Being Hit by an Uninsured Driver

Because New York is a no-fault state, most minor accident claims are handled through insurance. However, if you suffer a “serious injury” under New York law, you can step outside the no-fault system and sue the at-fault driver directly.

If the uninsured driver has few assets, a lawsuit against them may not result in full recovery. However, an experienced attorney can help you explore additional options, including your own UM or SUM coverage or lawsuits against other at-fault parties, such as employers (in commercial vehicle cases) or manufacturers (for defective vehicle components).

You Deserve a Car Accident Lawyer

Dealing with an uninsured driver can be incredibly frustrating. You shouldn’t have to fight insurance companies or navigate confusing rules while you’re recovering from injuries.

A skilled New York car accident lawyer can:

• Review your insurance policies to identify available coverage.
• Handle communications with your insurer and the Motor Vehicle Accident Indemnification Corporation (MVAIC).
• Negotiate for the full compensation you’re owed.
• File a lawsuit if necessary to recover additional damages.

At Morelli Law Firm, our attorneys have decades of experience helping accident victims recover compensation, even in the most complex uninsured driver cases.

We Fight for New York’s Car Accident Victims

Our team of New York car accident lawyers has over 100 years of combined legal experience and a record of billions of dollars recovered for clients. We understand New York’s no-fault system, uninsured motorist laws, and how to pursue every available avenue for compensation. From your first phone call to the final resolution of your case, we’ll handle every detail, from investigating the crash to dealing with insurers and fighting for your recovery.

If you’ve been hit by an uninsured driver in New York, you still have rights. Contact Morelli Law Firm today for a free, confidential consultation.