Car accidents are stressful enough on their own, but when the driver who caused your injuries doesn’t have car insurance, things can become much more complicated. In New York, drivers are legally required to carry auto insurance, but unfortunately, some ignore the law. If you’re hurt in a crash and the at-fault driver is uninsured, you may feel like you’re out of luck—but that’s not the case.
At Rosenberg & Rodriguez, our personal injury attorneys help clients navigate the complex process of recovering compensation after an uninsured driver accident. Whether your crash happened in Brooklyn, Manhattan, or on Long Island, you have options—and we’re here to help.
Understanding New York’s No-Fault Insurance System
New York is a no-fault insurance state, which means that after most accidents, you’ll first turn to your own insurance company to cover your basic expenses, regardless of who caused the crash. This includes:
- Medical treatment
- Lost wages (up to a certain limit)
- Necessary household help or transportation
Your Personal Injury Protection (PIP) policy typically covers up to $50,000 in benefits. But in more serious accidents, your losses can far exceed that amount. When the driver responsible for your crash doesn’t carry insurance, this gap becomes even more critical.
Learn more about your options after a Brooklyn car accident
Step 1: File a No-Fault Insurance Claim Right Away
Immediately after the accident, notify your own car insurance company and begin the no-fault claim process. In New York, you only have 30 days from the date of the crash to file this claim, so don’t delay.
Provide detailed documentation about:
- Your injuries
- The accident
- Any medical treatment you’ve received
- Time missed from work
This process is essential even if the other driver is uninsured.
Step 2: Determine If You Have Uninsured Motorist (UM) Coverage
In New York, all auto insurance policies are required to include Uninsured Motorist (UM) coverage. This coverage is designed to protect you if you’re injured in an accident caused by a driver who has no insurance.
UM coverage can help you recover compensation for:
- Pain and suffering
- Medical bills not covered by PIP
- Lost income beyond what’s covered under no-fault
If you have Supplemental Uninsured/Underinsured Motorist coverage (SUM), that can provide even more protection, especially in high-damage accidents.
Explore what happens in hit-and-run accidents in Brooklyn
Step 3: Consider a Lawsuit—But Know the Risks
While you technically have the right to sue an uninsured at-fault driver in New York, it’s rarely effective. If someone doesn’t carry insurance, they often don’t have assets worth pursuing in court. Even if you win a judgment, collecting on it can be nearly impossible.
This is why UM coverage is so important—it’s your financial safety net when the responsible party can’t pay.
That said, if the at-fault driver does have assets (such as property or business interests), your attorney can investigate whether a personal injury lawsuit is worth pursuing.
Step 4: Work with a Lawyer Experienced in Uninsured Driver Claims
Cases involving uninsured drivers require careful navigation of insurance rules, policy language, and deadlines. Working with a personal injury lawyer can make all the difference in maximizing your recovery. At Rosenberg & Rodriguez, we’ll:
- Review your insurance policies for UM and SUM coverage
- File all necessary claims on your behalf
- Handle negotiations with your insurer
- Identify any third parties who may also be liable
- Explore your eligibility to step outside the no-fault system
Talk to our Brooklyn personal injury lawyers today
When Can You Step Outside New York’s No-Fault System?
No-fault benefits only go so far. If your injuries are serious, you may be able to step outside the no-fault system and pursue a lawsuit for pain and suffering. In New York, qualifying “serious injuries” include:
- Fractures
- Significant disfigurement
- Permanent limitation of use of a body organ or member
- Loss of a fetus
- Dismemberment
- Death
If you meet these criteria, and the at-fault driver is uninsured, your UM or SUM coverage will step in to compensate you.
Understand how UM claims apply in wrongful death cases
What If the At-Fault Driver Fled the Scene?
A hit-and-run accident is often treated the same as a crash with an uninsured driver—especially if the driver is never identified. In these cases, your UM coverage will again apply.
Our firm has helped countless New Yorkers recover compensation in hit-and-run claims, including cases involving:
- Rear-end crashes
- Pedestrian injuries
- Bicycle accidents
- T-bone collisions
Learn how we help hit-and-run victims across NYC
What Happens if the Uninsured Driver Was Working at the Time?
If the at-fault driver was performing work duties when the crash occurred—such as delivering for Uber Eats or DoorDash—the company may be liable. Many delivery platforms carry liability insurance for drivers when they are actively completing deliveries.
In these cases, your attorney may be able to:
- File a claim against the company’s policy
- Sue the employer if negligence was involved
- Help you recover damages that go beyond your UM limits
More on Uber Eats accident claims in Brooklyn
The Risks of Settling With Your Own Insurer
Just because you’re dealing with your own insurance company doesn’t mean they’ll be generous. Insurers often try to minimize payouts, even in UM claims. That’s why having legal representation matters.
Common tactics include:
- Offering lowball settlements
- Disputing the extent of your injuries
- Blaming pre-existing conditions
- Claiming your medical care wasn’t necessary
Rosenberg & Rodriguez can help push back against these strategies and make sure your claim is taken seriously.
Why choosing the right personal injury lawyer in Manhattan matters
Real Example: A Brooklyn Client Gets Justice Through UM Coverage
One of our clients, a cyclist in Brooklyn, was struck by an uninsured driver who fled the scene. While the driver was never located, we helped the client:
- File a UM claim
- Recover lost wages beyond PIP limits
- Secure a $150,000 settlement for pain and suffering
- Cover future treatment for a knee injury
This outcome was only possible because the client had strong UM and SUM coverage—and the right legal team to fight for it.
Learn about bicycle injury claims in NYC
Don’t Wait—Important Deadlines Apply
New York law imposes strict time limits on claims:
- 30 days to file a no-fault claim
- 90 days to notify MVAIC (Motor Vehicle Accident Indemnification Corporation) if no insurance applies
- 3 years to file a personal injury lawsuit
Delays can hurt your ability to recover compensation. If you suspect the other driver doesn’t have insurance, contact Rosenberg & Rodriguez right away.
Start your free consultation today
Key Takeaways: What You Should Do
If the at-fault driver in your NY car accident is uninsured:
- File your no-fault claim within 30 days
- Use your uninsured motorist (UM) coverage
- Explore SUM coverage for additional compensation
- Consider other liable parties like employers or vehicle owners
- Get a skilled personal injury attorney on your side
You don’t have to go through this alone. We’re here to fight for the compensation you deserve.
