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16+ years in personal finance and insurance writing
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Licensed property and casualty insurance agent
10+ years editing experience
NPN: 21630969
Updated
If you’re in an accident with an uninsured driver in New York, your insurance coverage may pay for your vehicle repairs and medical bills. Your insurance company may go after the uninsured driver to recoup its losses, but you’ll receive the same payout.
We’ll explain how New York insurance coverage works in an uninsured driver accident, what steps your insurer might take, and what expenses you might be responsible for if you don’t have adequate coverage.
Around 8.6% of drivers in the Empire State are uninsured, according to data from the Insurance Information Institute. New York is a no-fault state, so drivers must carry personal injury protection (PIP) coverage, liability insurance, and uninsured motorist coverage to register a vehicle.[1]
In an accident, each driver files an insurance claim with their own insurer to cover their injuries and those of their passengers.
PIP doesn’t pay for property damage. If both drivers have insurance, the driver who caused the accident is liable for property damage claims.
But if the at-fault driver doesn’t have insurance, you’ll have to pay for your own vehicle repairs.
Car insurance may cover uninsured drivers in New York, but your coverage depends on who caused the accident and the type and amount of coverage you carry. By law, all insurers in New York must provide a minimum amount of uninsured motorist (UM) and underinsured motorist (UIM) coverage.
You can purchase supplementary coverage up to $250,000 per person and $500,000 per accident.
If you’re injured as a passenger in a vehicle hit by an uninsured driver, you may be eligible to file a no-fault injury claim with the New York Motor Vehicle Accident Indemnification Corporation (MVAIC). This coverage applies only under specific circumstances, though, and doesn’t extend to the owner of an uninsured vehicle.[2]
If the uninsured driver caused the accident, one of the following scenarios may apply:
UM/UIM coverage covers bodily injury claims for you and your passengers, but not vehicle damage claims. In New York, insurers must provide basic UM/UIM coverage with all auto policies.
If you have full-coverage car insurance, your collision coverage may cover your vehicle repairs.
If you have only liability insurance, your policy’s UM/UIM coverage will pay for your medical bills, but it won’t cover your vehicle repairs. You’ll have to pay for those out of pocket.
If you caused the accident, one of the following scenarios may apply:
If you have full-coverage car insurance, your collision coverage pays to repair your vehicle, regardless of fault.
If you have only liability insurance, it covers the other driver’s vehicle repairs, but not your own.
If you have UM/UIM coverage, it won’t apply because you caused the accident.
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You can make a claim through your own insurance after an accident with an uninsured motorist in New York. If you do, your insurance company may seek reimbursement from the at-fault uninsured driver.
But since the driver doesn’t have insurance, there’s no guarantee your insurance company will be able to recover any money.
Typically, if a driver is uninsured, they may not have many assets to repay your insurance company. While an insurer can go to court to try to recoup the money it paid out on your behalf, it’s often an expensive process that yields an unenforceable judgment.[3]
Subrogation is when your insurance company seeks reimbursement for your claim from the at-fault driver’s insurer. For example, if you file a collision claim through your own insurance company, your insurer may seek reimbursement from the at-fault driver’s liability coverage.
You can sue an uninsured driver if they caused the accident and you were seriously injured.[4] New York state defines a “serious injury” as one that results in death, dismemberment, significant disfigurement, fracture, fetal loss, organ loss, or permanent physical limitations.
If you decide to sue, you may want to consult a personal injury lawyer for legal advice. Suing an uninsured driver can be expensive, and there’s no guarantee you’ll recover damages.
Even if you win, the at-fault driver may not have adequate assets to pay the judgment.
UM/UIM coverage helps protect you and your passengers if an uninsured driver causes an accident. New York law requires car insurance companies to provide basic UM protection with the same minimum bodily injury limits as your liability insurance.
In New York, UM insurance covers only your medical expenses — it doesn’t pay to repair damage to your car.
You can buy supplementary uninsured motorist (SUM) coverage that provides protection for out-of-state accidents. Coverage limits go up to $250,000 per person and $500,000 per accident.
Your SUM coverage can’t exceed your bodily injury coverage limits.
Uninsured motorist coverage is mandatory in New York, though you can decline supplementary coverage. On average, UM coverage adds about $110 per year to your auto insurance premium, according to Insurify and Insurance Research Council data.
The cost to repair a car after a collision in New York can vary widely. Estimates range from $100 to $10,000, depending on the extent of the damage.
But UM coverage doesn’t apply to car repairs in the Empire State — only to bodily injury. Adding collision coverage to your auto insurance policy can help pay for vehicle repairs after an accident, regardless of who was at fault.
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Protecting yourself financially from uninsured drivers in New York doesn’t have to be difficult or expensive. The following options can help boost your protection.
Increase your liability limits. New York’s minimum insurance requirements are $25,000 per person and $50,000 per accident in bodily injury liability, and $10,000 per accident in property damage liability. Your UM coverage limits can’t exceed your bodily injury liability limits. Increasing your liability coverage also lets you increase your UM coverage limits.
Add collision coverage. This type of coverage pays to repair your vehicle, no matter who caused the accident.
Consider gap insurance. If you have a car loan and an accident totals your car, gap insurance pays the difference between your outstanding loan amount and your car’s actual cash value.
Add medical payments (MedPay) coverage. MedPay coverage pays for medical and funeral expenses for you and any passengers in your car, regardless of fault.[5] Unlike PIP coverage, it won’t cover lost wages, rehab, or additional expenses like child care.
Choose supplementary UM/UIM coverage. SUM coverage increases your basic UM/UIM coverage required by New York law. It covers accidents involving uninsured or underinsured drivers by providing higher coverage limits than basic UM/UIM coverage.
Understanding how uninsured driver coverage in New York works can help you prepare for the worst. See the answers to frequently asked questions below.
No. Your insurance generally won’t go up after an uninsured motorist claim in New York if you didn’t cause the accident.
No. Car insurance doesn’t cover an uninsured driver’s damages in New York. But UM coverage protects you financially if an uninsured driver causes an accident that injures you or your passengers.
Yes. Insurance companies can go after uninsured drivers in New York. But the at-fault driver may not have sufficient assets to pay the judgment, so your insurer might decide it’s not worth pursuing.
The uninsured driver promise waives or refunds your excess (deductible) and protects your no-claims bonus if an uninsured driver causes a car accident. Many U.K. insurers offer this benefit, but U.S. insurers don’t typically use this term.
Yes. You can sue an uninsured driver in New York if your medical expenses exceed your PIP limits or if you sustain a serious injury.
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16+ years in personal finance and insurance writing
Certified Financial Education Instructor
Licensed auto and home insurance agent
4+ years experience in insurance and personal finance editing
NPN: 20564519
Featured in
Licensed property and casualty insurance agent
10+ years editing experience
NPN: 21630969
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