In New York State, all vehicle owners must have auto insurance. This coverage is essential, especially if you’re involved in a car crash. But with 2.2 million registered cars in New York City, there are bound to be some vehicles without insurance coverage. If you’re hit and injured by an uninsured driver, the path to compensation may be more complex than in a regular car accident case. But with a Queens auto accident attorney on your side, you can focus on recovery while we handle the rest! We’ll help you navigate the legal process with clarity and confidence, and represent your interests in a settlement or court case.
Who Pays Your Compensation if an Uninsured Driver Hits You?
In a car accident between two insured cars, compensation is fairly straightforward.
Your no-fault benefits, paid for by your own insurance, cover basic economic losses. Any further compensation is paid through the insurance of the car that hit you, depending on your eligibility for pursuing said compensation.
But when a driver without auto insurance hits you, compensation becomes much less cut and dry.
Personal Injury Protection Insurance
First, as usual, you’ll seek compensation through your own PIP insurance. Within 30 days of the accident, file a no-fault claim with your PIP insurance to pursue compensation for economic damages like medical bills, hospital bills, and a percentage of your lost wages.
Uninsured Motorist Coverage
If your injuries meet the serious injury threshold, you may be eligible for further compensation.
However, uninsured motorists don’t have an insurance company to file a claim with. So who pays for these additional damages?
Instead, you’ll need to go through your Uninsured Motorist (UM) coverage. UM coverage is a required part of your auto policy in case accidents like these happen.
You’ll need to file a separate claim with your insurer specifically for UM coverage. If you’re 50% or less at fault for the accident, you may be eligible to pursue compensation for non-economic damages like pain and suffering.
MVAIC
If, by chance, you also lack auto insurance, you may be eligible for compensation through MVAIC. MVAIC stands for “Motor Vehicle Accident Indemnification Corporation,” a non‑profit corporation created under New York State law. It serves as a last‑resort fund for people who aren’t covered by any auto insurance policy.
However, not all motorists are eligible. To qualify for MVAIC benefits, the accident generally must occur in New York, you must be a New York resident at the time, you must have no other auto insurance available (including through household members), and you must not be the owner—or, in many cases, the spouse of the owner—of the uninsured vehicle involved. Strict deadlines also apply, including a police report within 24 hours and a Notice of Intention to MVAIC within 90 or 180 days, depending on the case.
Working With a Queens Auto Accident Attorney To Sue an Uninsured Driver
Regardless of insurance status, you may be able to file a personal injury lawsuit against the other driver. But to be eligible for additional compensation, your percentage of fault must be calculated first.
Fault is determined by evidence like surveillance footage, photos of the scene, police reports, witness statements, and medical records of your injuries. As your Queens auto accident attorneys, Shaevitz & Shaevitz will take the time to help you collect these materials, building a case against the other driver.
In an uninsured‑motorist claim, your insurance adjuster will review this evidence and assign a percentage of fault, which they will use to calculate your settlement offer. However, we often find that insurance companies start with lowball offers, trying to pay you less than you deserve. We recommend that you let one of our experienced attorneys negotiate with the insurance company on your behalf to protect your interests.
Taking Your Case to Court
If they refuse to pay fair compensation, we are ready to take your case to court! There, a judge or jury will determine fault. For motor vehicle accidents, as of May 2026, New York follows a modified comparative negligence rule: if you are found more than 50% at fault, you cannot recover non‑economic damages (such as pain and suffering). However, if you are 50% at fault or less, you may recover damages, but your award will be cut by your percentage of fault.
Suing an uninsured driver is a little different than suing a driver with auto insurance. Rather than having their insurance company provide a defense, the driver will need to hire their own defense attorney. As your auto accident attorney, we would face their attorney in court or settlement negotiations. The big difference with an uninsured driver case is that there’s no insurance policy to pay your claim. If we win, we can collect from the driver’s own money or property.
Breaking Down Your Uninsured Auto Accident Case
After a car accident in NY, you have 4 possible avenues for compensation. A Queens auto accident attorney helps you determine which path you need to take and when you need to file a claim.
The following chart helps break down your possible routes to compensation.
| Who pays it | What it covers | The deadline | |
|---|---|---|---|
| No-fault/PIP claim | Your own auto insurance pays no-fault benefits, regardless of fault. | Economic losses such as medical bills, hospital bills, and a portion of lost wages. | File your no-fault claim within 30 days of the accident. |
| UM claim | Your own auto insurance pays, but they will negotiate how much your injuries are worth. | Additional bodily injury (which does not include damage to your vehicle) if the other driver has no auto insurance. | Typically, you file a UM claim after your PIP is used up or for losses it doesn’t cover. |
| MVAIC claim | New York State’s backup compensation system. | No-fault benefits and/or bodily injury compensation when no other insurance is available. Eligibility depends on several factors. | Report the accident to the police as soon as possible. File a Notice of Intention (NOI) with the MVAIC within 180 days of the accident with an uninsured vehicle. |
| Personal injury lawsuit | The at-fault driver may be personally liable if they are uninsured. | Pain and suffering and other non-economic damages if you meet the serious injury threshold. | Generally, you must file an auto accident personal injury lawsuit within 3 years. But you must be 50% or less at fault to sue the other driver. |
Hit by an Uninsured Driver? Book a FREE Consult With a Queens Auto Accident Attorney
New York State requires auto insurance for all registered vehicles, but not all drivers follow the rules. Whether their insurance lapsed or they never registered their vehicle, you still deserve compensation if you’re injured in a car crash with an uninsured driver.
As your Queens Auto Accident Attorneys, Shaevitz & Shaevitz will guide you through the legal process and help you file claims the right way. And if you’re eligible, we will negotiate on your behalf in a personal injury lawsuit against the other driver. Ready to see what your case may be worth? Book a free consultation today.
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