Rosenbaum Personal Injury Lawyers | March 11, 2025 | Car Accidents
Few things are more stressful than getting into a car accident. That stress can multiply when you discover the other driver doesn’t have insurance. In New York, drivers are required by law to carry auto insurance, but not everyone follows the rules. If an uninsured driver injures you, you might wonder how you’ll pay for your medical expenses, lost wages, and other losses.
Fortunately, New York law has options to help you recover compensation in these situations. In this blog post, we’ll break down how no-fault insurance, uninsured motorist coverage, and other steps can support your claim.
Understanding No-Fault Insurance in New York
New York is a no-fault state, which means your own insurance policy usually covers some of your medical bills and lost income after a crash—no matter who caused the accident. This coverage is called Personal Injury Protection (PIP). Because of it, you don’t have to rely solely on the other driver’s insurance to get initial help.
However, no-fault benefits only go so far. PIP often comes with limits on how much it will pay. It also doesn’t cover non-economic damages like pain and suffering. If you have serious injuries, you might need to file a claim beyond no-fault insurance to receive full compensation.
What if the Other Driver Has No Insurance?
When you learn the at-fault driver doesn’t have insurance, you’ll likely be worried about how to pay any medical bills that go beyond your PIP coverage. You may also wonder if you can hold the other driver legally accountable for your damages.
In New York, you still need to prove negligence and causation to pursue a personal injury claim against the uninsured motorist. Specifically, you must show that the other driver breached their duty of care—like by speeding or running a red light—and that this breach directly caused your injuries.
Yet even if you prove the other person is to blame, getting them to pay up can be difficult if they have no insurance or assets. That’s why most people in these situations turn to their own insurance policies for help.
Uninsured Motorist (UM) Coverage
New York offers uninsured motorist coverage (UM). This coverage is usually bundled with your standard policy, although you can purchase higher limits if you want more protection. If an uninsured driver injures you, UM coverage steps in to cover expenses that go beyond what no-fault pays. That may include medical bills, lost wages, and certain non-economic damages.
To use your UM benefits, you’ll usually still need to show that the other driver caused the accident and that you suffered injuries as a result.
Taking Legal Action Against the Uninsured Driver
Even if the at-fault driver has no insurance, you can still sue them personally. If you win in court, you could theoretically collect compensation from their assets or garnished wages. However, this path may be less fruitful if the driver lacks the resources to pay a judgment. Filing a lawsuit also takes time and money, so you’d need to weigh whether the potential recovery is worth the effort.
Still, suing the driver might help you achieve some justice by formally holding them accountable. It can also be a strategy to encourage them to pay if they do have hidden assets. An attorney can review the driver’s financial status and advise you on whether this approach is likely to provide a real payoff.
What About MVAIC?
New York offers another possible safety net called the Motor Vehicle Accident Indemnification Corporation (MVAIC). If you don’t have your own insurance coverage but were injured by an uninsured motorist in New York, MVAIC might help. However, certain conditions apply. For instance, you must show that no other insurance resources are available.
MVAIC can cover medical bills, and some lost wages up to set limits. This program exists so that truly uninsured crash victims aren’t left with no financial help whatsoever. But it’s not automatic—you’ll have to apply and meet eligibility requirements. A lawyer can walk you through these steps if MVAIC becomes your best or only option.
Potential Damages You Can Recover After a Car Accident in New York
When seeking compensation (whether through UM coverage, MVAIC, or a lawsuit), you generally aim to recover two main categories of damages:
- Economic damages: These are your tangible financial losses, like hospital bills, rehabilitative care costs, lost earnings, and any property damage to your vehicle.
- Non-economic damages: These cover more subjective harms, such as pain and suffering, emotional distress, and loss of enjoyment of life.
In rare cases that go to trial, punitive damages might be available as well. However, these damages require you to show that the at-fault party acted egregiously, such as with an intent to cause harm.
Proving damages often requires detailed records and, at times, expert testimony. You might bring in medical experts to discuss your injuries or economists to project future costs. It’s key to show how the crash impacts your life—both financially and personally.
Get in Touch With an Experienced New York Car Accident Lawyer
Dealing with an uninsured driver can feel overwhelming, especially when you’re juggling medical bills and lost wages. But remember, New York offers multiple ways to pursue compensation—ranging from coverage under your own insurance policy to filing a lawsuit. Each path involves specific rules and deadlines, and missing a step can weaken your claim.
If you’re unsure what to do next, don’t hesitate to reach out for professional guidance. Get in touch with an experienced New York car accident lawyer for a free consultation. Most lawyers in this area of the law also operate for a contingency fee. That means you pay nothing out-of-pocket and nothing at all in terms of attorney’s fees unless your lawyer wins compensation for you.
Contact Our Car Accident Law Firm in New York City at Rosenbaum Personal Injury Lawyers For More Help
If you’ve been injured in an accident in Manhattan, NY, and need legal help, contact our New York car accident lawyers at Rosenbaum Personal Injury Lawyers to schedule a free consultation. We also serve in Brooklyn and the Bronx.
Rosenbaum Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor
New York, NY 10005
(212) 514-5007
Rosenbaum Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b
Bronx, NY 10461
(212) 514-5007
(917) 905-2339
Rosenbaum Personal Injury Lawyers – Brooklyn Office
32 Court St #704
Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332
