Being involved in a car accident is stressful enough. But when the other driver doesn’t have insurance, your situation becomes even more complicated. You might wonder: Who’s going to pay for the damage? Will your own insurance cover your injuries? Can you sue the other driver directly? These are valid concerns, and in New York, the answers depend on a few key factors.

At The Rizzuto Law Firm, we understand how upsetting and confusing this situation can be. We’ve helped countless accident victims protect their rights and recover what they’re owed, even when the at-fault driver was uninsured. If you’re in this position, here’s what you need to know.

Does New York’s No-Fault Law Protect You After a Crash?

New York is a “no-fault” state when it comes to car accidents. This means that after most accidents, your own auto insurance policy is the first source of coverage for your medical bills and lost wages, no matter who caused the crash.

This law was designed to speed up the claims process and reduce the number of lawsuits. So even if the other driver doesn’t have insurance, you’re not immediately left without options. Your Personal Injury Protection (PIP) benefits kick in to cover:

  • Reasonable and necessary medical expenses
  • 80% of lost income (up to a certain limit)
  • Certain other out-of-pocket costs related to your injuries

But there’s a catch. No-fault benefits do not cover non-economic damages like pain and suffering, and they may not be enough if your injuries are serious.

What If Your Injuries Are Severe?

If your injuries meet New York’s “serious injury threshold,” you may be able to step outside the no-fault system and file a personal injury lawsuit against the at-fault driver. This allows you to seek compensation for pain and suffering, long-term disability, and other losses that no-fault insurance won’t cover.

But what happens if the other driver has no insurance, and no assets? Suing someone who can’t pay may not get you far. That’s why it’s important to explore your own insurance policy for other options.

Can Uninsured Motorist Coverage Help You?

Yes, and it might be your best bet.

In New York, auto insurance policies are required to include a certain amount of uninsured motorist (UM) coverage. This coverage is meant to cover your bases in exactly this kind of situation, when an uninsured driver hits you.

Uninsured motorist coverage can help you cover the following:

  • Medical expenses that go beyond your PIP benefits
  • Pain and suffering if your injuries are serious
  • Lost wages and future earnings

If you carry Supplementary Uninsured/Underinsured Motorist (SUM) coverage, your protection could be even greater. This is an optional policy add-on that increases the limits of your UM coverage, giving you more financial support when the other driver can’t pay.

To access these benefits, you’ll need to file a claim with your own insurance company. But don’t assume they’ll automatically offer you what you deserve. Insurance companies often delay or deny legitimate claims, especially when large sums are involved.

What Should You Do Immediately After the Crash?

If you’ve been hit by an uninsured driver, take the following steps to protect your health and your rights:

  1. Call the police: An official police report is critical when dealing with an uninsured driver. It creates a paper trail and documents the facts.
  2. Get medical attention: Even if your injuries seem minor, seek care right away. This not only protects your health but also strengthens your claim.
  3. Exchange information: Even if the other driver says they don’t have insurance, collect their contact information, license plate number, and driver’s license details.
  4. Take photos: Document the scene, vehicle damage, your injuries, and anything else that might be relevant.
  5. Notify your insurance company: Let them know about the accident and the fact that the other driver was uninsured.
  6. Talk to a lawyer: You may have more legal options than you think, and a personal injury attorney can help you uncover all possible paths to compensation.

Can You Still File a Lawsuit Against the Uninsured Driver?

In some cases, yes, but it depends on whether the driver has any assets or income to pursue. If they’re judgment-proof (meaning they have no real way to pay), even a successful lawsuit may not lead to actual compensation. However, there are cases where uninsured drivers do have assets that can be pursued, especially if they own property or have other resources.

An experienced attorney can investigate the driver’s financial situation and determine whether a lawsuit makes sense. If not, your attorney can focus on negotiating with your own insurance provider to ensure you get full use of your uninsured motorist benefits.

What If You Were a Pedestrian or Cyclist?

The no-fault and uninsured motorist rules also apply when you’re a pedestrian or bicyclist hit by a car. If you don’t have your own car insurance, you may still be eligible for benefits through a family member’s policy or the Motor Vehicle Accident Indemnification Corporation (MVAIC).

MVAIC is a state program that offers limited coverage to injured parties when no other insurance is available. You must meet strict eligibility and notice requirements, so it’s important to act quickly and speak with a lawyer who can guide you through the process.

How Can The Rizzuto Law Firm Help You?

When you’re hurt in a crash involving an uninsured driver, you need a law firm that knows how to fight back. At The Rizzuto Law Firm, we don’t settle for lowball offers, and we don’t back down from insurance companies that try to avoid paying out. We’ve built a reputation for aggressive, successful representation of car accident victims throughout New York.

Our legal team will:

  • Investigate the crash and gather key evidence
  • Help you file claims with your insurer and pursue every available benefit
  • Negotiate for a fair settlement or take your case to court if necessary
  • Explore other sources of compensation, including SUM coverage and MVAIC

You shouldn’t have to carry the financial burden of someone else’s negligence. We’re here to make sure you don’t.

Injured by an Uninsured Driver? Take Action Now

Waiting too long to act after an accident can limit your legal options. Evidence disappears. Witnesses forget. And insurance deadlines pass. Don’t let that happen to you.

Contact The Rizzuto Law Firm for a free consultation. Call us at 516-604-5496 and we’ll listen to your story, explain your options, and fight for the outcome you deserve. And remember, you don’t pay us a dime unless we win your case.