The driver took off, or stayed and had no insurance. Many people assume that is the end of it. It is not. New York has ways to pay injured people in both situations.
Hit by a driver with no insurance?
Your own car insurance may cover you through your uninsured motorist coverage. These claims have strict notice deadlines, so contact us as soon as possible. In a hit-and-run, report the accident to the police right away.
Where the Money Comes From
- Uninsured motorist coverage on your own auto policy
- Uninsured motorist coverage on the policy of a relative you live with
- Coverage on the vehicle you were riding in
- The Motor Vehicle Accident Indemnification Corporation, known as MVAIC, a fund for people with no other coverage available
The MVAIC Deadlines
For a hit and run, the accident generally must be reported to the police within 24 hours, and a sworn notice of claim generally must be filed with MVAIC within 90 days.
When the other vehicle is identified but uninsured, the sworn notice generally must be filed within 180 days.
Claims under your own policy have their own notice terms, and insurers enforce them. Report the crash to your insurer promptly. Our office will confirm what applies to your claim after we discuss it and complete the necessary research.
Do This Now
- Call 911 from the scene. If you could not, report it to the police within 24 hours.
- Write down everything you remember about the vehicle: color, make, any part of the plate, damage, direction of travel.
- Look for cameras on nearby buildings and buses and tell us where they are.
- Get the names and numbers of witnesses.
- Get medical care and file your no-fault application.
What You Can Recover
- Medical bills, past and future
- Lost wages and loss of future earning ability
- Pain and suffering
- Loss of enjoyment of life
To recover for pain and suffering after a motor vehicle crash, New York law requires a "serious injury." Fractures, significant scarring, and significant or permanent loss of use of a body part are examples.
Deadlines
No-fault benefits pay medical bills and part of lost wages, up to $50,000 per person, no matter who caused the crash. Written notice to the insurer is generally due within 30 days of the accident. There are some circumstances where the insurance company will make exceptions.
The MVAIC and policy deadlines above come first. They are far shorter than the time to file a lawsuit.
Deadlines can be shorter or longer depending on the facts. Call before you assume it is too late or that you have time.
Common Questions
I do not own a car and have no insurance. Can I still recover?
Often, yes. That is the situation MVAIC was created for. You must qualify and you must meet the filing deadlines.
The police never found the driver. Does that matter?
No. The claim does not depend on finding the driver. It depends on timely reporting, timely notice, and proof of what happened.
The other driver's insurer says the policy was cancelled. Now what?
A denial of coverage can open an uninsured motorist or MVAIC claim. The time to act generally runs from when you receive the denial, so send it to us immediately.
Hit by a City vehicle?
Claims against the City of New York have a much shorter deadline. In most cases a Notice of Claim must be filed within 90 days. Call us right away.
Talk to a Lawyer Today
The consultation is free. There is no fee unless we win, and we advance the costs of the case. You speak with your attorney directly, not a call center.