Heading 1

What Should I Do If I Was Hit by an Uninsured Driver in NYC?

Published

7/29/2025

Table of Contents

If you were hit by an uninsured driver in New York, you should report the accident to the police, get medical care, and then speak to our New York City car accident lawyers. You still have options available for recovering financial compensation, and our legal team will explain them to you.

Cases involving uninsured drivers can be complex, but Oresky & Associates, PLLC, will fight hard to protect your rights.

Your Rights After Getting Hit by an Uninsured Driver in NYC

According to the New York State Department of Financial Services, all New York drivers must carry certain types of auto insurance, including liability insurance that covers damage they cause. Unfortunately, not everyone follows this law: The Insurance Information Institute reports that 10.8 percent of New York State drivers were uninsured in 2022.

If an uninsured driver hit you in NYC, you may have the right to:

You also have the right to hire our attorneys to assist you.

Follow These Steps After a Car Accident with an Uninsured Driver in NY

Immediately after the accident, take the following actions to protect your health and your legal rights:

Call 911 and Get Help

Reporting your accident from the scene allows the New York City Police Department and emergency medical technicians to provide timely assistance. The EMTs will make sure you get the medical care you need, and the police will keep everyone safe and file a report about what happened.

Collect Evidence from the Scene

If the driver has not already fled the scene, get their name and contact information. Typically, you would also write down their insurance information, but if the driver is uninsured, simply make a note that they lack coverage.

If the driver fled the scene before you could speak to them, explain this fact to the police. Tell them everything you remember about the driver and their vehicle so the police can try to track them down.

You should also take photos or video of the accident scene, the vehicles involved, and your injuries.

Speak to Our Car Accident Injury Lawyers

After an auto accident, truck accident, motorcycle accident, pedestrian accident, or any other kind of collision with an uninsured driver, it is vital that you understand your rights and learn how to take action as soon as possible. Our legal team will investigate your situation and figure out the best way of recovering compensation.

Trying to understand all of the nuances of your case by yourself is often very difficult. Let us guide you through the legal system and help you avoid preventable mistakes.

Getting Compensation After an Uninsured Driver Hit You in NY

You have the right to file a claim or a lawsuit after your uninsured motorist accident. Some people can do both. However, you must act quickly, as insurance companies and the state impose strict deadlines on when accident victims can take action.

Our New York car accident lawyers will explain each of your options in detail. Those options may include:

Filing a Personal Injury Protection (PIP) Claim

PIP coverage is required under New York State law. This type of coverage will reimburse you for lost wages, medical expenses, and certain other expenses, regardless of who caused the accident.

While PIP coverage is helpful, it does not cover everything: for example, you can only recover up to 80 percent of your lost wages.

Filing an Uninsured Motorist Claim

New York drivers are also required to purchase uninsured motorist coverage. This policy helps cover your expenses and losses if the liable party:

  • Does not have the minimum required amount of liability insurance.
  • Fled the accident scene.

Filing an MVAIC Claim

The Motor Vehicle Accident Indemnification Corporation provides coverage to New York accident victims who do not have other coverage options. For example, if someone does not own a car, they do not have PIP or uninsured motorist coverage. If that person is then hit by an uninsured driver, they can file an MVAIC claim to recoup certain losses.

Filing a Lawsuit

Getting reasonable compensation from an uninsured driver is often challenging, but if filing a suit is the right path in your case, we will help you pursue appropriate legal action.

Call Now for a Free Consultation

Contact Oresky & Associates, PLLC, at (718) 993-9999 for a free, confidential consultation today. Our attorneys are ready to start protecting your rights.

Free Consultation

Damages You Can Recover After Being Hit by an Uninsured Driver in NYC

Your settlement or verdict depends on the injuries you sustained. Generally, you can pursue economic damages, which often include:

Additionally, non-economic damages are available to cover your physical and emotional losses. Non-economic damages may include:

  • Past and future pain and suffering
  • Disability
  • Reduced quality of life
  • Loss of consortium

If you lost a loved one in an uninsured motorist crash, you could be eligible for:

  • Death benefits under your PIP policy
  • Your loved one’s pain and suffering
  • Funeral expenses
  • Loss of services
  • Loss of financial support

Why Work with an Attorney After a Car Accident with an Uninsured Driver?

Victims injured by uninsured motorists may face challenges that other accident victims never have to think about. You should not have to try to manage a claim by yourself while you are still healing. Our NYC personal injury lawyers will handle everything, including:

  • Collecting evidence against the at-fault party
  • Negotiating a settlement
  • Taking all negligent parties to court
  • Filling out paperwork
  • Managing communications among all involved parties
  • Taking timely action to meet all deadlines
  • Answering all of your legal questions
  • Providing honest legal advice throughout your case

After an Uninsured Motorist Accident, Call Our Lawyers

At Oresky & Associates, PLLC, we put our clients first by offering free consultations, coming to see you at home or in the hospital if you cannot travel, and charging no attorneys’ fees until we win compensation for you. We are ready to start working on your claim from the moment you call.

If you were hit by an uninsured driver in NY, call (718) 993-9999 now. We can assist you in English or Spanish.