Getting into an accident is stressful enough—but what happens when the other driver or responsible party doesn’t have insurance? Unfortunately, it’s a scenario that happens more often than you’d think. But don’t worry—you still have options.
Here’s what you need to know if you’re injured in New York and the at-fault party is uninsured or underinsured.
First, Don’t Panic—You May Still Be Covered
New York requires drivers to carry Uninsured Motorist (UM) coverage as part of their auto insurance policy. This coverage is designed to protect you when the person who caused the accident:
- Has no insurance at all
- Carries insufficient coverage
- Flees the scene (hit and run)
What Is Uninsured and Underinsured Motorist Coverage?
✅ Uninsured Motorist (UM) Coverage
- Covers injuries to you and your passengers if the at-fault driver has no liability insurance
- Typically applies to hit-and-run situations too
✅ Underinsured Motorist (UIM) Coverage
- Applies when the at-fault driver’s insurance isn’t enough to fully cover your damages
- Your own UIM coverage can make up the difference—up to your policy limit
Tip: These coverages are not optional in New York for bodily injury—but it’s a good idea to check your policy limits.
Filing a UM/UIM Claim
If the at-fault driver is uninsured or underinsured, you’ll file a claim with your own insurance company under your UM/UIM coverage. This is treated like a standard injury claim, but you’re essentially negotiating against your own insurer—which is why legal guidance is crucial.
What If I Don’t Own a Car?
Even if you’re a pedestrian, bicyclist, or don’t own a vehicle, you may still be eligible for compensation:
- Through the vehicle owner’s insurance
- Via New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC)—a safety net program for those injured by uninsured drivers when no other insurance is available
How a Personal Injury Attorney Can Help
An experienced lawyer can:
- Help you file and manage your UM/UIM claim
- Fight for full compensation from your own insurer
- Explore all available sources of recovery (e.g., employer coverage, umbrella policies)
- Represent you if MVAIC involvement is needed
Don’t Accept a Low Offer
Even your own insurer may try to settle quickly and for less than you deserve. Remember:
- Medical expenses
- Lost wages
- Pain and suffering
- Future medical needs
…should all be considered in the value of your claim.
You’re Not Out of Options
An uninsured driver shouldn’t stop you from getting the compensation you deserve. With the right legal help, you can tap into your own insurance or state programs to cover your losses.
Injured by an uninsured driver? We can help you explore your options.
Contact the Personal Injury Law Firm of Figeroux & Associates
Schedule a free consultation today!
Call 855-768-8845
Visit www.askthelawyer.us
