What Happens If the Driver Who Hit Me Has No Insurance in New York?

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You just found out the driver who hit you has no insurance. Maybe the police officer told you at the scene. Maybe their number came back invalid when you called. Either way, that sinking feeling is real, and the questions start coming fast.

Do I just eat this? Who pays my medical bills? Can I even get anything out of this?

Here’s some information that might actually give you some relief: New York law gives you more options than most people realize, even when the at-fault driver has zero coverage. The path forward depends on your own policy, a few key deadlines, and understanding how the system is set up to protect you.

If you are already feeling overwhelmed and want to talk through your specific situation, a White Plains car accident lawyer can review your coverage and help you figure out which options apply to your case.

New York Is a No-Fault State. Here’s What That Means for You

Before anything else, it helps to understand how New York handles car accident injuries in general.

New York is a no-fault state. That means your own auto insurance pays for your initial medical bills and a portion of your lost wages, regardless of who caused the crash. This coverage is called Personal Injury Protection, or PIP.

Under New York law, PIP covers up to $50,000 per person in medical expenses and certain economic losses. You do not need to prove the other driver was at fault to access these benefits. Even if they have no insurance at all, your own policy steps in first.

That said, there is a catch you need to know about.

You must file a no-fault application (NF-2 form) within 30 days of the accident. Miss that window and your insurance company can deny your benefits outright. This is not a soft deadline. It is one of the most commonly missed steps after a crash.

Also worth noting: PIP does not cover pain and suffering, emotional distress, or other non-economic losses. For those, you will need to look at other options, which we get into below.

The $50,000 PIP limit has not been updated since 1977, even as medical costs have climbed sharply since then. In serious injury cases, this limit is often exhausted quickly.

Is There Coverage Specifically for Uninsured Drivers?

Yes, and most New Yorkers already have it without realizing it.

New York requires all auto insurance policies to include Uninsured Motorist (UM) coverage. This is mandatory. You cannot reject it or waive it. The required minimum is $25,000 per person and $50,000 per accident for bodily injury.

When the driver who hit you has no insurance, your own UM coverage becomes the paying party. Your insurer essentially steps into the shoes of the at-fault driver and handles your claim.

This also applies to hit-and-run accidents, with one important condition. Under New York Insurance Law § 5217, UM coverage applies when there is physical contact with an unidentified vehicle. If you swerved to avoid a car that never touched yours, that typically does not qualify.

SUM Coverage: The Part That Most People Do Not Know About

Here is where things get more important, especially for serious injuries.

The mandatory UM coverage only goes up to $25,000/$50,000. For many accident victims dealing with surgery, lost income, and lasting injuries, that is not nearly enough.

SUM stands for Supplemental Uninsured/Underinsured Motorist coverage. It is an optional add-on, but it is far more powerful than basic UM coverage. Under New York Insurance Law §3420(f)(2)(A), SUM can provide coverage up to $250,000 per person and $500,000 per accident, matching your own liability limits.

Here is the detail many New Yorkers miss:

If you got your auto insurance policy on or after June 18, 2018, your policy automatically includes SUM coverage at your liability limits, unless you specifically signed a form opting out.

If you are not sure whether you have SUM, check your declarations page or call your broker. This one piece of coverage can be the difference between being fully compensated and being left with a fraction of what you lost.

A few other important points about SUM:

• It fills the gap when the other driver’s insurance is too low to cover your actual damages (underinsured scenarios)
• It covers both economic and non-economic losses, including pain and suffering
• It applies even in accidents that happen outside of New York

If you took out your policy before June 2018, or if you are unsure what you opted for, speaking with an attorney before you contact your insurer is worth doing.

What If You Have No Auto Insurance At All? MVAIC May Help

Not everyone has a car or a policy in their household. If you were hit by an uninsured driver and you have no auto insurance available to you through any household member, New York has a program specifically for this situation.

MVAIC stands for Motor Vehicle Accident Indemnification Corporation. It was created in 1958 under Article 52 of the New York Insurance Law. It is a state-backed, last-resort program for victims who have no other coverage to fall back on.

MVAIC can provide:

• No-fault benefits up to $50,000 for medical expenses, lost wages, and related costs
• Bodily injury liability coverage up to $25,000 per person and $50,000 per accident

To qualify for MVAIC, you generally need to meet all of the following:

• You were a New York resident when the accident happened
• You have no auto insurance available through yourself or any household member
• You were not the owner of the uninsured vehicle involved
• You were not the spouse of that vehicle’s owner and a passenger in it

MVAIC also covers pedestrians and bicyclists who are hit by uninsured or hit-and-run drivers.

The deadlines for MVAIC are strict:

• For a hit-and-run or unidentified vehicle: file a Notice of Intention within 90 days
• For an identified but uninsured vehicle: file a Notice of Intention within 180 days
• The accident must also be reported to police within 24 hours if it is a hit-and-run

The 90-day window for hit-and-runs is not easily extended. It is far shorter than the general 3-year statute of limitations for personal injury lawsuits. If you think MVAIC applies to your situation, contacting an attorney quickly is important.

Can You Sue for Pain and Suffering If the Other Driver Is Uninsured?

This is one of the most common questions, and the answer depends on whether your injuries meet a legal standard called the serious injury threshold.

Under New York Insurance Law § 5102(d), you can only pursue compensation for pain and suffering if your injuries qualify. The threshold categories include:

• Bone fractures
• Significant disfigurement
• Loss of a fetus
• Permanent loss or limitation of a body organ or system
• Significant limitation of a body function
• A non-permanent injury that prevents normal daily activities for at least 90 of the first 180 days after the accident

This threshold applies to UM and SUM claims, not just lawsuits against third parties.

Disc herniations with documented functional limitations generally meet the threshold. Soft tissue strains without clear objective evidence typically do not.

One more thing to know: your own insurance company will investigate this aggressively. Even though you are filing a claim on your own policy, your insurer will conduct Independent Medical Examinations (IMEs) to challenge whether your injuries qualify. Having detailed, consistent medical records from your own treating physicians matters a great deal.

Key Deadlines at a Glance

These are the windows that apply to most uninsured motorist situations in New York. Missing any of them can affect your ability to recover compensation.

The 3-year window can make it feel like there is time to figure things out. But some of the shorter deadlines above can close before you are even done with your initial treatment. Do not wait on these.

UM Claims Do Not Go to Court the Way You Might Think

Most people assume that a dispute with an insurance company ends up in front of a judge. With uninsured motorist claims in New York, that is usually not how it works.

Most UM disputes in New York go through mandatory arbitration, not through the courts. Cases are typically submitted to the American Arbitration Association (AAA) under its New York Uninsured Motorist Arbitration rules. The process resembles a trial, but it happens in a private forum.

This matters for a few reasons:

• Your own insurer is also your opponent in this process
• New York’s comparative negligence rule still applies, meaning your recovery is reduced by your percentage of fault (though you can still recover something even if you were partially at fault, per CPLR §1411)
• Arbitration has its own procedural rules and timelines

Going into UM arbitration without legal support is a significant disadvantage. Your insurer will have experienced adjusters and attorneys working the file. Having someone in your corner who knows how these proceedings work can make a meaningful difference.

If you are at this stage and unsure where to turn, reaching out to a car accident attorney serving Westchester County is worth doing before you engage further with your insurer.

What Is Changing in New York’s Auto Insurance Laws

A few developments in Albany are worth knowing about, even though none of these have been signed into law yet.

Assembly Bill A5053, introduced in February 2025, proposes raising New York’s minimum bodily injury limits from $25,000 to $50,000 per person. The current minimums have not changed meaningfully in decades, and many legal and consumer advocates have pointed out they are insufficient to cover serious accident costs.

Senate Bill S5235, also from February 2025, would require the Department of Financial Services to formally study whether current minimum coverage levels need to increase, including UM and no-fault limits. The bill itself acknowledges that current minimums “may not be adequate to protect consumers in an auto accident.”

Governor Hochul has also proposed changes to how non-economic damages work for drivers behaving unlawfully at the time of a crash, including uninsured motorists. The goal is to reduce insurance costs for law-abiding drivers.

None of these are current law. For the rules that apply to your situation right now, speak with an attorney.

What This Looks Like in White Plains, Westchester, and New York City

The roads here are genuinely dangerous. This is not an exaggeration.

According to NYSDOT crash data and White Plains police reports, I-287 carries over 140,000 vehicles daily through White Plains, with frequent crashes near White Plains, Harrison, and Port Chester during rush hours. Central Avenue and Mamaroneck Avenue are the highest-crash corridors in the city.

The Taconic State Parkway, which begins at the Kensico Dam Plaza in Westchester County, holds the record for the most fatalities of any road in New York State history. Between 2011 and 2014 alone, it recorded over 2,000 crashes, most in Westchester County.

In New York City, 2024 saw over 91,000 traffic collisions, with more than 40,000 involving injuries and 252 fatalities, according to NYPD data. The first quarter of 2025 alone had 41 traffic-related deaths.

When an accident happens on these roads and the other driver has no insurance, the financial impact can be serious. New York’s layered coverage system, including PIP, UM, SUM, and MVAIC where applicable, exists to address exactly this gap. But understanding which layer applies to your situation, and acting before the deadlines close, is where things get complicated.

At the Law Offices of Norman Gershon, we have spent more than 35 years representing accident victims throughout Westchester County, White Plains, and New York City. We know how insurance companies approach these claims, and we work to make sure our clients are not left short-changed by a process that can feel designed to confuse them.

Frequently Asked Questions

What do I do first if the driver who hit me has no insurance in New York? Call your own insurance company to report the accident and start the no-fault claims process. You have 30 days to file the NF-2 no-fault application. Do this quickly, then speak with an attorney about your UM or SUM options before you give any recorded statements to your insurer.

Does New York require uninsured motorist coverage? Yes. Under New York Insurance Law §3420(f)(1), all auto policies must include UM coverage at a minimum of $25,000 per person and $50,000 per accident. You cannot reject this coverage.

What is the difference between UM and SUM coverage in New York? UM (Uninsured Motorist) is the mandatory coverage every policy includes, capped at your policy’s minimum limits. SUM (Supplemental Uninsured/Underinsured Motorist) is optional but provides significantly higher protection, up to $250,000 per person. SUM also covers underinsured drivers, not just uninsured ones.

Does my policy automatically include SUM coverage? If your New York auto policy was issued or renewed on or after June 18, 2018, it likely includes SUM coverage at your liability limits unless you signed a form opting out. Check your declarations page or contact your broker to confirm.

What is MVAIC and do I qualify? MVAIC is New York’s last-resort program for accident victims who have no auto insurance available through themselves or any household member. If you meet the eligibility requirements under Article 52 of the NY Insurance Law, MVAIC can provide no-fault benefits and bodily injury coverage. The deadlines to file are short, so act quickly.

Can I sue for pain and suffering if the at-fault driver is uninsured? Potentially, yes, but only if your injuries meet the serious injury threshold under NY Insurance Law § 5102(d). Categories include fractures, significant disfigurement, permanent limitation of a body part, and certain long-term functional impairments. This threshold applies to UM claims just as it does to regular lawsuits.

How long do I have to file an uninsured motorist claim in New York? The general personal injury statute of limitations is 3 years under CPLR 214(5). But shorter deadlines apply. You need to report the accident to your insurer within 90 days to preserve UM/SUM access. MVAIC deadlines start at 90 days for hit-and-runs. Missing any of these shorter windows can affect your ability to recover.

What happens if an uninsured driver hit me on the Taconic State Parkway or I-287? The same New York insurance rules apply regardless of which road the accident occurred on. Your PIP covers initial medical costs, your UM coverage applies to the at-fault uninsured driver, and SUM may be available for larger losses. The location of the accident does not change your legal options, but the complexity of the crash and the seriousness of your injuries will affect how your claim proceeds.

Do I need a lawyer for an uninsured motorist claim? There is no legal requirement to hire one. That said, UM claims in New York typically go through binding arbitration, where your own insurer will have experienced adjusters and legal representation working against your claim. Compensation depends on medical documentation, comparative fault arguments, and knowledge of the arbitration process. Most people in this situation benefit from having someone in their corner.

You Have More Options Than You Think. Let’s Talk Through Yours.

Finding out the driver who hit you has no insurance can feel like the worst possible news in an already stressful situation. But New York law was built with this scenario in mind, and in most cases, there is a path to real compensation.

The key is knowing which option applies to your situation and moving before the deadlines close.

At the Law Offices of Norman Gershon, we have helped injury victims across White Plains, Westchester County, and New York City understand their options and fight for fair compensation, even when the at-fault driver had nothing to offer. Norman Gershon has more than 35 years of trial experience and a reputation that insurance companies take seriously.

If you want to talk through what happened and understand what your coverage actually covers, we are here. Consultations are free, and you pay nothing unless we recover for you.