New York Uninsured Motorist Law

If you were hit by an uninsured car in New York you still have rights and remedies available to you under the law. This is true whether you were a pedestrian that was stuck by an uninsured motor vehicle or the driver or passenger of another car.

As a pedestrian, the first thing to determine is whether you or a family member that you reside with owns a car. If so, that policy of insurance will provide uninsured motorist coverage for the injuries sustained in the accident. The minimum coverage is $25,000.00 per accident. If you have been a follower of this blog, then you already know that we recommend that you keep your uninsured/underinsured motorist coverages (UM/UIM) as high as possible in order to protect you and your family in just such a case.

If you have no such insurance because you or a family member you reside with do not own a car, you can still make a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC).

In either case, it is important to seek the advise of a New York personal injury attorney as soon as possible after the accident as there are time limitations to making these claims. Any delay may jeopardize your ability to make a claim and recover for your pain and suffering.

If you were the driver of your own car when an uninsured car struck you, then obviously you have the necessary UM coverage available to protect you.

If you were a passenger in another car that was not a fault for the accident and you or a family member you reside with do not own a motor vehicle, you can make an appropriate UM claim under the insurance policy of the car in which you were a passenger.

If the car you were a passenger in a car that was at fault for the accident and that car was also uninsured and you do not have any UM coverage of your own, you still have an option to file the UM claim with MVAIC.

Personal Injury Lawyers

The laws and various scenarios that may arise can be confusing when someone is hit by an uninsured car in New York. It is best not to make any determination for yourself, but to seek the advise of an experienced accident attorney as soon as possible after the accident to protect your rights and assert your claim.

Stuart DiMartini is a New York City accident lawyer and personal injury attorney. Since 1987, he has practiced plaintiff’s personal injury litigation. His entire legal career has been devoted to assisting people that that have been injured in accidents due to the fault of another person or entity.