Content reviewed by:
Alex Shulman
If the other driver is uninsured or underinsured in New York, you will rely on the Personal Injury Protection (PIP) component of your auto insurance policy, as with any accident. If this is insufficient, you may have Underinsured or Uninsured Motorist Coverage you may draw from.
If this still isn’t enough to cover your damages, you may have the opportunity to file a lawsuit against the at-fault driver. If you have been injured in a car accident in New York, it is smart to consult with a personal injury lawyer as soon as possible.
Our legal team has recovered more than $1 billion in jury awards and settlements for injured New Yorkers. Every Borough, Every Block, New York, We Got You. Find out more about how our car accident lawyers in New York City can help when you call for your free consultation.
No-Fault Insurance in New York
In New York, every driver involved in an accident must file a claim with their own insurance company, no matter who caused the crash. This is called a No-Fault system, and it is meant to reduce the burden in the legal system and settle claims quickly.
The Personal Injury Protection section of your auto insurance will cover all necessary medical care, a percentage of your lost wages, and some other expenses. The state mandates a minimum of $50,000 in coverage per person, but you may have opted for a larger amount.
In many cases, this is enough to cover expenses after an accident, but your policy will have a limit. If your damages exceed that limit, you will need to seek additional sources of compensation or rely on your health insurance to pay your medical bills.
Uninsured/Underinsured Motorist Coverage
Uninsured Motorist coverage is required by New York law. However, Underinsured Motorist coverage, known as Supplementary Uninsured/Underinsured Motorist coverage, is optional.
These coverages may come into play after Personal Injury Protection benefits are exhausted and can provide critical protection if the at-fault driver’s insurance is insufficient.
Because various rules and policy limits apply, it is often beneficial to consult an experienced attorney if you are injured in a New York accident. This is especially important in cases involving severe damages that exceed standard coverage.
When You Can File a Lawsuit
Under New York Insurance Law § 5102(d), you may only file a personal injury claim for non-economic damages after an accident with an insured driver if you meet the state’s serious injury threshold.
Examples of injuries that may meet the definition of a serious injury include:
- Severe fractures
- Significant disfigurement
- Permanent limitation of a bodily organ
- Permanent loss or limitations to the use of a limb
An injury may also qualify if it prevents you from performing most normal daily activities for at least 90 of the first 180 days after an accident. This is referred to as the 90/180 Rule. Your limitations must be supported by medical evidence.
Time Limits for Filing a Claim
New York gives you only a limited amount of time to file claims for your accident with an uninsured driver. Claims with your own insurer have the shortest timeframe, and missing them could limit your ability to recover compensation.
You have:
- 30 days to file a notice of claim with your insurance provider
- 45 days to submit medical bills for treatment
If you have the option to file a lawsuit, the New York personal injury statute of limitations is three years from the date of your accident. However, certain factors can pause or shorten this statute of limitations.
The Importance of Working With an Attorney
When you are fighting to get the compensation you need to cover your costs, it is easy to feel overwhelmed. A personal injury lawyer can manage your legal issues while you focus on recovery.
Some of the things our team may do include:
- Review your policy and its limits
- Advise you on the best course of action given your situation
- Help collect the evidence needed to prove your claim
- Assess your damages so you understand the full amount you are owed
- File a lawsuit if applicable.
- Negotiate for a settlement that covers your damages.
Don’t Handle an Uninsured Motorist Claim on Your Own
In New York, your Personal Injury Protection may be enough to cover your damages if the other driver is uninsured or underinsured. However, your case could become much more complicated, particularly if you are seriously injured. Don’t try to handle it on your own.
When you are hurt in a car crash, the most important thing is getting the medical care you need. Then, contact a personal injury lawyer. Our team will protect your rights, deal with insurance companies, and help you choose the right path for getting compensation.
Our team at Shulman & Hill has more than 200 years of combined legal experience, advocating for people who were injured in accidents through no fault of their own. Call to schedule your free consultation and tell us about your car accident with an uninsured driver.