Content reviewed by:
Alex Shulman
The Motor Vehicle Accident Indemnification Corporation (MVAIC) provides a potential source of benefits for eligible people injured by uninsured or unidentified drivers in New York. You may need to consider an MVAIC claim after a hit-and-run if the driver cannot be identified and no other applicable auto insurance coverage is available.
Eligibility is not automatic. You must meet specific requirements, report the accident, and submit the required notices within the applicable deadlines.
We help injured people understand their options after a driver leaves the scene. If you are wondering when to file an MVAIC claim after a hit-and-run, contact a hit and run accident lawyer in New York at Shulman & Hill to discuss your circumstances and potential claim.
What Does MVAIC Do After a Hit-and-Run?
MVAIC was established under New York law to provide benefits to certain people injured by uninsured or unidentified drivers. Depending on your eligibility, these benefits may include no-fault payments for medical expenses and certain lost earnings.
No-fault benefits cover eligible expenses without requiring you to prove who caused the accident. A separate bodily injury claim may also be possible, subject to additional legal requirements.
MVAIC benefits are subject to different limits depending on the claim. Basic New York no-fault coverage generally provides up to $50,000 per person for eligible expenses, including medical costs and lost earnings. MVAIC does not pay for damage to your vehicle, and separate bodily injury claims are subject to different statutory limits and legal requirements.
Who Can Qualify for MVAIC Benefits?
Not having your own auto insurance does not automatically make you eligible for MVAIC benefits. Coverage under a policy for an involved vehicle or a relative who lives in your household may apply first, as MVAIC generally serves as a last resort.
Eligibility may depend on whether the accident occurred in New York, whether you meet residency requirements, and whether other insurance is available. Restrictions may apply if you owned the uninsured vehicle. You generally cannot qualify if you were the vehicle owner’s spouse and a passenger in that vehicle.
Pedestrians, cyclists, and passengers injured in hit-and-run collisions may qualify, depending on the circumstances. We at Shulman & Hill can review your household insurance information, residence, and accident details to help assess whether an MVAIC claim may be available.
Should You Use Your Own Insurance Before Applying to MVAIC?
If applicable auto insurance is available, you generally must pursue that coverage rather than treating MVAIC as an alternative insurer. Your own policy or a household relative’s policy may provide coverage even if you were walking when the collision occurred.
No-fault coverage, also known as personal injury protection (PIP), generally pays eligible medical expenses and certain other financial losses. Uninsured motorist coverage may provide benefits for bodily injuries caused by an unidentified driver, subject to policy terms and legal requirements.
An insurance denial does not automatically establish MVAIC eligibility. Keep copies of the denial letter, policy documents, and correspondence so our team at Shulman & Hill can review the reason for the denial and help you identify possible next steps.
What Deadlines Apply to an MVAIC Hit-and-Run Claim?
New York generally requires you to report a hit-and-run accident to police within 24 hours. An exception may apply if reporting within that period was not reasonably possible, and you reported the accident as soon as reasonably possible. Evidence such as hospital records may explain the delay, but an exception is not automatic.
You generally must file a sworn Notice of Intention to Make Claim with MVAIC within 90 days of the accident for an unidentified-vehicle hit-and-run claim. No-fault claims have separate notice requirements, generally requiring written notice within 30 days, subject to exceptions for a clear and reasonable justification for delay.
Additional deadlines may apply to medical bills and proof of lost earnings. These requirements are separate from the statute of limitations for filing a lawsuit. Keep copies of all notices and proof of when they were sent or received. If you have missed a deadline, seek legal advice promptly because any available relief depends on the circumstances and applicable law.
How Do You File an MVAIC Claim?
To start an MVAIC claim, complete a Notice of Intention (NOI) and a Household Affidavit (HHA). Both forms must be signed and notarized. You must also provide proof of your New York residence at the time of the accident and evidence that no other applicable auto insurance is available.
Submit the completed forms and supporting documents to MVAIC within the applicable deadline. For an unidentified-vehicle hit-and-run claim, the NOI generally must be submitted within 90 days of the accident. Incomplete documents or missing information may affect your eligibility.
MVAIC reviews your documents and may request additional information before deciding whether you qualify. You can obtain the required forms and filing instructions through MVAIC’s official website. Keep copies of everything you submit and respond promptly to requests for further documentation.
What Evidence Should You Preserve After the Driver Leaves?
Evidence can help establish how the collision occurred, document your injuries, and identify the driver. If you can do so safely, report the accident to police, request a report number, and seek medical attention.
Photograph the scene, your injuries, vehicle debris, and physical damage. Save witness contact details and any description of the fleeing vehicle, including its make, model, color, and license plate number. Check for nearby surveillance cameras and dashcam footage before recordings are overwritten.
Keep medical bills, wage records, insurance correspondence, and claim forms. New York generally requires physical contact with the unidentified vehicle or qualifying property for a bodily injury claim. A vehicle that makes you swerve without contact generally does not qualify, but this requirement differs for no-fault benefits.
Can You Recover Compensation for Pain and Suffering Through MVAIC?
MVAIC no-fault benefits do not cover pain and suffering. A separate bodily injury claim may be possible if you establish the required legal elements, including the driver’s fault where applicable. Under New York’s no-fault law, you must generally meet the serious-injury threshold to recover pain and suffering damages.
A bodily injury lawsuit involving an unidentified driver requires court permission to proceed against MVAIC. You must also show that reasonable efforts were made to identify the vehicle and its owner and operator. Police reports, witness accounts, and documented efforts to locate video footage may help establish those efforts.
Available recovery is subject to applicable statutory limits and other legal requirements. Meeting the eligibility criteria does not ensure payment, so assess the evidence, potential coverage, and procedural requirements for your claim.
How Can We Help With Your MVAIC Claim?
At Shulman & Hill, we focus on quality, strategy, and results rather than high-volume case handling. Our team conducts in-depth, in-house investigations to examine the circumstances of an accident and help build claims supported by evidence.
Our firm has recovered more than $1 billion for clients, drawing on over 200 years of combined legal experience.
If a driver left you injured and you are unsure which insurance applies, we can review the available information, explain potential coverage, and help you understand the requirements for pursuing MVAIC benefits. Bring any police reports, medical records, and insurance correspondence you have so we can assess your options and the deadlines that may apply.
Contact Us About Your MVAIC Hit-and-Run Claim
You may have options after a hit-and-run even if the driver cannot be identified and you do not have auto insurance of your own.
We can help you understand which benefits may be available and what steps you may need to take. You do not have to resolve every insurance question before seeking legal guidance.
If you are wondering, “What is MVAIC and when can it help after a hit-and-run?”, contact us at Shulman & Hill promptly to discuss your hit-and-run accident, review potential MVAIC eligibility, and understand the steps that may help protect your claim.