Content reviewed by:
Alex Shulman
If the driver who hit you had no insurance, New York law may still allow you to recover compensation. Other paths to compensation include uninsured motorist coverage, your own auto insurance policy, and other legal options, depending on the circumstances of the car accident.
Being hit by an uninsured driver can leave car accident victims worried about medical bills, property damage, and lost income. However, New York law requires certain types of insurance coverage, including personal injury protection and uninsured motorist coverage, which can help cover medical expenses and other losses.
If you are unsure how to proceed, speaking with a New York City car accident lawyer can help you understand your rights and take the right steps after a crash.
How Uninsured Motorist Coverage Works in New York
At Shulman & Hill, we help clients understand how uninsured motorist coverage applies after a car accident. In New York, all drivers are required to carry this type of auto insurance coverage as part of their liability insurance policies.
Uninsured motorist coverage is designed to protect you if the at-fault driver has no liability insurance or in hit-and-run cases where the driver cannot be identified. This coverage can help pay for medical expenses, lost wages, and other damages related to your injuries.
As a New York City personal injury lawyer, we work closely with clients to file insurance claims and ensure their insurance provider meets its obligations under the policy.
What Your No-Fault Insurance Covers
New York’s no-fault system provides an additional layer of protection through personal injury protection, also known as PIP coverage. After a car accident, you can file a No-Fault claim with your own insurance company regardless of who caused the crash.
This coverage typically pays for necessary medical treatment, a portion of lost wages, and certain medical bills. However, it does not cover pain and suffering or property damage. To recover those damages, you may need to meet the serious injury threshold defined under New York law.
When You Can File a Personal Injury Lawsuit
In some cases, you may still be able to file a personal injury lawsuit even if the other driver lacked insurance. This usually depends on the severity of your injuries and whether they meet the serious injury threshold.
Examples of qualifying injuries include conditions like a bone fracture, significant loss of mobility, or other serious injuries that require ongoing medical care. If your injuries meet this threshold, you may pursue a personal injury claim for additional damages beyond what your insurance coverage provides.
Steps to Take After an Accident With an Uninsured Driver
After a car accident involving an uninsured driver, taking these steps can help protect your claim and improve your chances of recovering compensation:
- Call the police: Request a police report or collision report to document the accident and confirm details about the uninsured driver.
- Gather evidence: Take photos, collect witness statements, and preserve surveillance footage if available.
- Seek medical care: Get prompt medical treatment and keep records of all medical expenses and medical evaluation results.
- Notify your insurance provider: Begin the insurance claims process as soon as possible to avoid delays.
These actions support evidence collection and strengthen your position during the claim process.
What Happens in Hit-and-Run Cases
Hit-and-run drivers present a similar challenge because there is no identifiable at-fault party. In these situations, uninsured motorist coverage typically applies.
You may need to provide additional documentation, such as a police report and proof that reasonable efforts were made to identify the driver. Tools like NYC’s online Collision Report Retrieval Portal or records from the Department of Motor Vehicles can help support your claim.
Challenges With Insurance Companies
Even when you have the right insurance coverage, insurance companies and insurance carriers may attempt to limit what they pay. This can include disputing the severity of your injuries, delaying the insurance claim, or applying statutory offsets to reduce compensation.
At Shulman & Hill, we help clients handle these challenges and ensure that their insurance policies are applied fairly. Our team works to protect your rights throughout the insurance claims process and push back when insurers fail to meet their obligations.
Additional Coverage That May Apply
In some situations, underinsured motorist coverage, also known as UIM coverage, may also be relevant. This applies when the at-fault driver has some insurance, but it’s not enough to cover your damages.
Other factors, such as vehicle ownership, liability coverage limits, and the presence of multiple policies, can also affect your ability to recover compensation. These details often require careful review under New York insurance laws.
Get Help After an Uninsured Driver Accident
If you were injured in a car accident caused by an uninsured driver, you still have options under New York law. At Shulman & Hill, we bring over 200 years of combined experience helping car accident victims recover compensation through insurance coverage and personal injury claims.
We have recovered more than $1 billion for our clients and understand how to handle complex cases involving uninsured motorist coverage and insurance companies. Contact us today for a confidential consultation and let us help you move forward after your accident.