What Happens If the Other Driver Has No Insurance in NYC?

You did everything right. You had insurance. You were driving carefully. And then someone with no insurance ran a red light and hit you. Now what?

Being hit by an uninsured driver in New York City is frustrating, but it's not a dead end. You have real options — and understanding them quickly can make a significant difference in your outcome.

New York Requires Every Driver to Have Insurance

New York State law requires all registered vehicles to carry minimum liability insurance. Despite this, an estimated 5% of drivers in New York are uninsured — and in NYC, that number is higher in some areas.

If the driver who hit you was uninsured, they are in violation of state law. That matters legally, but it doesn't automatically put money in your pocket. You need to know where the money actually comes from.

Option 1: Your Own Uninsured Motorist Coverage

If you have Uninsured Motorist (UM) coverage on your own auto insurance policy — and in New York, insurers are required to offer it — you can make a claim against your own policy for your injuries and damages.

UM coverage steps in when the at-fault driver has no insurance. Your insurance company essentially pays as if they were the other driver's insurer, up to your policy limits.

The process still involves negotiation, and your own insurance company can still dispute the value of your claim. An attorney can help you navigate this.

Option 2: The Motor Vehicle Accident Indemnification Corporation (MVAIC)

If you don't have your own auto insurance — for example, if you were a pedestrian, cyclist, or passenger in someone else's vehicle — New York has a state program called MVAIC (Motor Vehicle Accident Indemnification Corporation).

MVAIC provides compensation for people injured by uninsured or hit-and-run drivers who would otherwise have no recourse. Benefits include medical expenses, lost wages, and pain and suffering.

There are strict deadlines and eligibility requirements for MVAIC claims. You must file a Notice of Intention within 180 days of the accident. An attorney can handle this process for you.

Option 3: Sue the Uninsured Driver Directly

You can sue the uninsured driver personally for your damages. In theory, this is an option. In practice, most people who drive without insurance don't have significant assets to collect from — which is why having UM coverage on your own policy is so important.

That said, some uninsured drivers do have assets, property, or wages that can be garnished after a judgment. An attorney can investigate whether this makes sense in your specific case.

What About Hit-and-Run Accidents?

Hit-and-run accidents are treated similarly to uninsured driver accidents in New York. If the driver fled and cannot be identified, your UM coverage or MVAIC can still provide a path to compensation.

For UM coverage to apply in a hit-and-run, there must typically be physical contact between the vehicles. If you swerved to avoid a driver and crashed without being hit, the rules are different — speak to an attorney about your specific situation.

You should also file a police report immediately. This is required for most hit-and-run insurance claims.

Steps to Take If You're Hit by an Uninsured Driver

• Call the police immediately and get a report number
• Photograph everything — vehicles, damage, the scene, the other driver's information if they're present
• Seek medical attention, even if you feel okay
• Report the accident to your own insurance company promptly
• Do not sign any releases or accept any payments without speaking to an attorney
• Contact a personal injury attorney to evaluate your UM claim or MVAIC eligibility

Bottom Line

Being hit by an uninsured driver in New York does not mean you're out of options. Between your own UM coverage and the MVAIC program, there are real paths to compensation — but they involve specific deadlines and procedures that are easy to miss.

An experienced personal injury attorney can identify which option is best for your situation, handle the paperwork, and fight for fair compensation on your behalf. And with contingency fee arrangements, you pay nothing unless you win.