The crash on Church Avenue wasn't your fault. The other driver gets out, looks at the damage and says it quietly: "I don't have insurance." Maybe he offers you cash to skip the police. Maybe he just drives away.
Here's the good news most people never hear: in New York, you are probably still covered. The money usually comes from your own policy, a relative's policy or a state fund, not from the driver who hit you. But you have to move fast, because the deadlines here are some of the shortest in New York law.
Published October 9, 2026. Reviewed for accuracy October 9, 2026.
Quick facts
- Am I covered?
- Usually, yes. Every New York car insurance policy includes uninsured motorist coverage, and a state fund covers many people without a policy.
- Medical bills
- No-fault insurance pays up to $50,000, no matter who caused the crash.
- Pain and suffering
- Uninsured motorist coverage pays at least $25,000 per person, and more if you have SUM coverage.
- No car insurance?
- MVAIC, a New York State fund, may cover you.
- First deadlines
- Police report within 24 hours for a hit-and-run. No-fault application within 30 days.
- Cost
- Free consultation. No legal fee unless we recover money for you.
What should you do right after an uninsured driver hits you?
- Call 911 and get a police report. Even for a "small" crash. The report is your proof of what happened and who was involved.
- Don't take cash to skip the police. It's usually far less than your case is worth, and without a report, your claim can be denied.
- Take photos. The plate, the car, the driver's license and registration, the damage, the street and your injuries. Write down what the driver said about insurance.
- Find witnesses and cameras. Get names and numbers. Note any store, bus or doorbell cameras. Video can be erased within days.
- Get medical care the same day. Go to the ER or urgent care and mention every place that hurts. Some injuries show up later.
- Tell your own insurance company in writing. Your policy requires notice "as soon as practicable." Late notice is one of the most common reasons these claims get denied.
- File a DMV crash report. Within 10 days, if anyone was hurt or damage is over $1,000. Use the DMV's MV-104 form.
Make sure the car is really uninsured. A driver may say "no insurance" when the car's owner has a policy. In New York, the owner is usually responsible when someone drives their car with permission, under Vehicle and Traffic Law § 388. The police report and DMV records can show whether the car was insured.
Who pays your medical bills?
No-fault insurance, no matter who caused the crash. It pays medical bills and part of your lost wages, up to $50,000. You must apply within 30 days. Which policy pays depends on your situation:
| Your situation | Who pays your medical bills |
|---|---|
| You were driving your own insured car | Your own insurance company |
| You were a passenger in an insured car | That car's insurance company |
| You were a passenger in the uninsured car | Your household's car insurance, or MVAIC if no one in your home has a policy |
| You were walking or on a bike, and you or a relative you live with has car insurance | Your household's car insurance |
| No one in your home has car insurance | MVAIC, New York's backup fund |
Learn more in our no-fault guide.
Who pays for your pain and suffering?
Your own uninsured motorist (UM) coverage. Every New York car insurance policy must include it, for at least $25,000 per person. It steps in where the uninsured driver's insurance would have been. It also covers you when the other driver's insurance company refuses to cover the crash.
Two things to know:
- The "serious injury" rule still applies. UM pays for pain and suffering only if your injury meets New York's serious injury definition, like a fracture or a lasting limitation. Read how this works in our herniated disc settlement guide.
- SUM coverage can pay much more. Supplementary uninsured/underinsured motorist (SUM) coverage raises your protection up to your own policy's bodily injury limits. It also helps when the other driver has insurance, but not enough. Many people have SUM and don't know it. Check your declarations page.
Your own insurance company is now on the other side. Even though it's your policy, the insurer will look for reasons to pay less. If the other driver had a small policy, don't settle with that driver's insurer before your own insurer agrees in writing. The SUM rules require its consent, and settling first can cost you the SUM claim.
What if you don't have car insurance?
You may qualify for MVAIC, the Motor Vehicle Accident Indemnification Corporation. It's New York's backup fund for people hurt by uninsured and hit-and-run drivers who have no insurance of their own to turn to. MVAIC generally covers you if:
- You were a New York resident when the crash happened, and
- Neither you nor a relative you live with owns an insured car.
MVAIC pays no-fault benefits for medical bills and lost wages, and up to $25,000 per person for your injuries. The owner of the uninsured car can't use MVAIC, and neither can the owner's spouse riding in it.
The deadlines are strict: a notice of intention to make a claim is due within 180 days if the car was identified, and 90 days for a hit-and-run.
What if it was a hit-and-run?
A hit-and-run is treated like a crash with an uninsured driver. Your UM coverage, or MVAIC, can still pay. But there's one rule you can't miss: report it to the police within 24 hours, or as soon as reasonably possible. Both MVAIC and the uninsured motorist rules require it.
Then move fast on evidence. Ask nearby stores, bodegas and buildings for camera video before it's recorded over. If a bus, dollar van or delivery van was involved, see our guides on MTA bus accidents, dollar van accidents and delivery van crashes.
What are the deadlines after an uninsured driver crash?
| Deadline | What it's for |
|---|---|
| 24 hours | Report a hit-and-run to the police. |
| As soon as possible | Written notice to your own insurance company for a UM or SUM claim. |
| 10 days | DMV crash report (MV-104), if anyone was hurt or damage is over $1,000. |
| 30 days | Apply for no-fault benefits so your medical bills get paid. |
| 90 days | MVAIC notice of intention for a hit-and-run. |
| 180 days | MVAIC notice of intention when the car was identified. |
| 3 years | File a lawsuit against the driver in most car accident cases. |
If a City vehicle was involved, like a police car, a separate 90-day notice of claim applies.
An Kreyòl: Si yon chofè san asirans frape ou
Nan New York, menm si chofè a pa gen asirans, ou ka toujou jwenn kòb. Men sa ou dwe fè:
- Rele 911 epi mande yon rapò lapolis. Pa aksepte kòb kach pou pa rele lapolis.
- Si chofè a sove, fè rapò a bay lapolis nan 24 èdtan.
- Al wè doktè menm jou a, epi di tout kote ki fè ou mal.
- Fè asirans pa ou konnen pa ekri pi vit ke posib.
- Ou gen 30 jou pou mande asirans no-fault pou bòdwo medikal ou.
- Si pa gen pèsonn lakay ou ki gen asirans machin, MVAIC ka kouvri ou.
Konsiltasyon an gratis. Ou pa peye frè avoka si nou pa jwenn lajan pou ou. Rele nou: 1-800-946-4616. Li plis sou avoka nan Brooklyn ki pale Kreyòl.
Hit by an uninsured driver? Don't let the deadlines run out.
All you need is wise counsel.
I'll find every policy that can pay you, file your notices on time and deal with the insurance companies for you. The consultation is free, and you pay no legal fee unless we recover money for you.
Nou pale Kreyòl. Se habla español.
Common questions, in English and Kreyòl
What should I do if I'm hit by an uninsured driver in NYC?
Call 911 and get a police report, get medical care the same day, take photos and get witness names, and tell your own insurance company in writing. Apply for no-fault within 30 days. Your own uninsured motorist coverage, or MVAIC, can usually pay.
Kisa pou m fè si yon chofè san asirans frape m?
Rele 911 pou yon rapò lapolis, al wè doktè menm jou a, epi fè asirans pa ou konnen pa ekri. Ou gen 30 jou pou mande asirans no-fault. Rele nou pou yon konsiltasyon gratis: 1-800-946-4616.
Does my insurance cover me if the other driver has no insurance?
Usually, yes. Every New York car insurance policy includes uninsured motorist coverage of at least $25,000 per person, and SUM coverage can add more. Your no-fault coverage also pays medical bills up to $50,000.
What if I don't have car insurance?
If you're a New York resident and no one in your household owns an insured car, MVAIC, New York's backup fund, may pay your medical bills and up to $25,000 for your injuries. The notice deadline is 180 days, or 90 days for a hit-and-run.
Can I sue an uninsured driver?
Yes, you generally have three years to sue the driver in New York. But many uninsured drivers have little money to collect, which is why your own UM coverage, SUM coverage or MVAIC is usually the better route.
E si m pa gen asirans machin?
Si ou abite New York e pa gen pèsonn lakay ou ki gen yon machin ki asire, MVAIC ka peye bòdwo medikal ou ak jiska $25,000 pou blesi ou. Pa tann: gen dat limit ki kout.
Tell me what happened
Get a free case review. I'll personally read your message and get back to you, usually within 24 hours. Nou pale Kreyòl. Se habla español.
Thank you. Koenig received your message.
I'll personally review it and contact you, usually within 24 hours. If it's urgent, call 1-800-946-4616.
Related guides
Attorney Advertising. This article is general information, not legal advice for your situation, and reading it or sending the form does not create an attorney-client relationship. Deadlines and rules can change and depend on your facts. Contact a lawyer about your specific case.
"No fee unless we recover" refers to legal fees. Clients may be responsible for court costs and case expenses; ask about this during your consultation. Prior results do not guarantee a similar outcome.
Koenig Pierre, Esq., 2653 Coney Island Avenue, Brooklyn, NY 11223. 1-800-946-4616.