Personal Injury

Accident with an Uninsured or Underinsured Driver

These situations are all too common in New York — and an experienced attorney is your best protection when they happen.

You Still Have Options

You are not alone. Every day, people just like you — good people going through a hard time — call our office. We do not judge. We listen, we explain your options clearly, and we only recommend what is genuinely in your best interest. Call 718-273-2525 for a free, confidential consultation →

Being injured in an accident caused by a driver with no insurance — or with insufficient insurance to cover your injuries — does not mean you are without recourse. New York State has established specific mechanisms to ensure injured victims can still receive compensation, and your own auto insurance policy may provide additional protections you are entitled to use.

The key is acting quickly and having experienced legal counsel handle the proper notices and filings on your behalf. Deadlines in these cases are strict.

Two Paths to Recovery

MVAIC — Uninsured Driver Claims

The New York Motor Vehicle Accident Indemnification Corporation (MVAIC) was established specifically to provide payment to individuals injured by uninsured drivers. As soon as we determine through due diligence that the at-fault driver is uninsured, we file the required Notice to MVAIC on your behalf. Timing is critical — delays can jeopardize your claim.

SUM — Your Own Policy Coverage

To the extent your damages are not sufficiently covered by the at-fault driver's insurance, you may also proceed against your own policy's Supplemental Underinsured Motorist (SUM) coverage. This is insurance you have already paid for — and we fight to make sure you receive it. In many cases, we proceed to arbitration against your insurer to guarantee you receive the full amount you are owed.

We Cover the Costs

We will hire economists and expert medical witnesses when necessary — at our own expense — to prosecute these claims on your behalf. We are only reimbursed for these expenditures if there is a recovery. You pay nothing out of pocket to have our office fight for you.

“Jay gave me reassurance and hope. He helped me understand that there is a life past all of this — and he delivered. I will forever be grateful.”

Ray Levato — Bankruptcy Client • Read All Reviews →

Recent Result

$275,000

After a SUM (Supplemental Underinsured Motorist) arbitration, we obtained an award of $275,000 for a client with an aggravation of a prior back injury caused by an underinsured driver.

What to Do After an Accident

Whether you were in a car, on a motorcycle, on a bicycle, or a pedestrian, if you were injured by an uninsured or underinsured driver, call us. We will tell you exactly where you stand.

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Uninsured Driver Accident FAQ

If you were in a hit-and-run accident in New York, you may still be covered under your own Uninsured Motorist (UM) coverage. However, New York law requires you to report the accident to police within 24 hours and notify your insurance company promptly. Call us immediately — evidence and witnesses are critical in hit-and-run cases.

New York requires a minimum of $25,000/$50,000 in UM coverage on every auto policy, but many policies carry higher limits. We review your policy, the at-fault driver's coverage (if any), and all available sources of compensation to maximize your recovery.

Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance but not enough to cover your full damages. Both types of claims are handled against your own insurance company — which is why having an experienced attorney is critical.

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