What Happens If the At-Fault Driver Has No Insurance in New York?

June 18, 2025

What Happens If the At-Fault Driver Has No Insurance in New York?

When you're injured in a car accident caused by another driver, you typically expect their insurance to cover your damages. But what happens if the at-fault driver doesn’t have insurance? In New York, this situation is more common than many realize—and it can leave victims wondering how they’ll pay for medical bills, lost income, and other expenses.


At the Law Offices of Jonathan Van Dina, PLLC, we help injury victims in Hicksville navigate these difficult circumstances and understand their legal options.


Understanding New York’s No-Fault Insurance System


New York is a “no-fault” insurance state. This means that after an accident, your own car insurance policy—specifically, your Personal Injury Protection (PIP) coverage—will pay for your medical expenses and lost wages, regardless of who caused the accident.

However, no-fault insurance only goes so far. It won’t cover property damage or allow you to seek compensation for pain and suffering unless you meet certain thresholds of serious injury. That’s where problems arise when the at-fault driver lacks liability insurance.


Uninsured Motorist Coverage Can Help


If the at-fault driver is uninsured, your next line of protection is your own Uninsured Motorist (UM) coverage. In New York, every auto insurance policy must include UM coverage for bodily injury. This coverage steps in to compensate you for your injuries when the person responsible has no insurance.


UM coverage can help with:


  • Medical expenses beyond PIP limits
  • Pain and suffering (if you meet the serious injury threshold)
  • Lost earnings
  • Funeral costs, in fatal accidents


Keep in mind, however, that UM coverage does not apply to property damage—unless you’ve purchased supplemental uninsured/underinsured motorist (SUM) or collision coverage.


Legal Options When UM Coverage Is Not Enough


In serious cases where UM coverage isn’t sufficient, you may consider suing the uninsured driver directly. However, many uninsured drivers lack the financial resources to pay damages, making a lawsuit impractical.

An attorney can help explore whether other parties may share liability—such as an employer, a rideshare company, or a vehicle owner who negligently entrusted their car to an uninsured driver.


Why Legal Guidance Matters


Handling an uninsured motorist claim can be complex. Insurance companies often try to minimize what they owe or deny claims entirely. Having an attorney on your side ensures your rights are protected, evidence is preserved, and deadlines are met.

At the Law Offices of Jonathan Van Dina, PLLC, we provide legal guidance to injured clients in Hicksville and surrounding areas. If you've been hurt in an accident involving an uninsured driver, we're here to help you pursue the compensation you deserve.

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