The only thing worse than getting into a car accident is getting into a car accident with an uninsured driver. In Queens—one of the busiest boroughs in New York City, where traffic congestion and collisions are common—knowing your rights and options after an accident with an uninsured driver is essential to avoid paying more than you have to. New York law does, in fact, provide protections for these types of scenarios, but navigating the system can be tricky without the right knowledge or legal help.
This guide will break down what Queens residents should do after an accident with an uninsured driver, how New York’s insurance laws come into play, and what compensation options may be available.
The First Steps After the Accident
Immediately after a car accident in Queens, it’s important to take the following steps—even more so when the other driver is uninsured:
- Call 911 – Ensure a police report is filed. In accidents involving uninsured motorists, documentation is key.
- Exchange Information – Even if the other driver lacks insurance, collect their name, license number, and vehicle registration.
- Take Photos – Document vehicle damage, injuries, road conditions, and traffic signs.
- Get Medical Attention – Even if injuries seem minor, get checked out. Medical records are essential for insurance claims.
Make sure to tell the responding officer if the other driver says they don’t have insurance or refuses to provide proof.
Understanding No-Fault Insurance in New York
New York is a no-fault insurance state, which means your own insurance company pays for your basic medical expenses and lost wages after an accident—regardless of who was at fault. This is called Personal Injury Protection (PIP) coverage.
If you’re injured in an accident with an uninsured driver, you can still rely on your own no-fault benefits to cover:
- Medical bills (up to $50,000 unless you purchased additional coverage)
- Lost income (up to 80% of your salary, capped at $2,000/month for 3 years)
- Certain out-of-pocket costs (transportation to medical appointments, etc.)
However, no-fault insurance does not cover pain and suffering or property damage, which can become problematic when the at-fault driver has no insurance.
Uninsured Motorist (UM) Coverage: Your Best Defense
Every New York auto insurance policy is required to include Uninsured Motorist (UM) coverage. This provides protection when you’re injured by a driver who is uninsured, flees the scene (also known as a hit-and-run), or has a canceled or expired policy.Â
UM coverage applies only to bodily injury, not to vehicle damage. If you’re injured and the uninsured driver is at fault, you can file a UM claim with your own insurance provider. This is essentially a substitute for what you would’ve claimed against the other driver’s liability coverage.
In order to trigger UM benefits, you typically need to:
- Show that the uninsured driver was legally responsible
- Demonstrate the extent of your injuries
- Cooperate fully with your insurer’s investigation
- Potentially file for arbitration if there’s a dispute
What About Vehicle Damage?
If your car is damaged and the uninsured driver can’t pay out-of-pocket, your options include:
Collision Coverage – If you have this optional insurance, it will cover your vehicle repair costs regardless of fault, but you’ll be responsible for the deductible.
Lawsuit Against the Uninsured Driver – You have the right to sue the at-fault driver for vehicle damage and non-economic losses. However, if the driver lacks insurance, they may also lack the assets to pay a judgment.
Crime Victims Compensation Fund (limited situations) – This state fund is primarily for violent crimes, but in rare cases (such as felony hit-and-runs), limited compensation might be available.
Statute of Limitations in Queens
If you plan to file a lawsuit against the uninsured driver, be aware of the three-year statute of limitations for personal injury and property damage claims in New York. Waiting too long could permanently bar you from recovering any compensation.
However, no-fault claims must be filed within 30 days of the accident, and UM claims should also be filed as soon as possible, ideally within 90 days depending on your policy.
The Role of a Queens Car Accident Attorney
Accidents involving uninsured drivers often require more than just filing a claim—they require navigating insurance disputes, collecting evidence of fault, and ensuring you don’t miss important deadlines. An experienced Queens car accident attorney can help by:
- Investigating the accident and gathering proof of liability
- Helping you submit and negotiate a UM claim
- Advising on whether a personal injury lawsuit is viable
- Representing you in arbitration or court if needed
Given the complexities of insurance law in New York, especially in a high-traffic area like Queens, legal guidance can make a significant difference in the outcome of your case.
Uninsured Accidents Are No Fun, but There Are Solutions
Getting into an accident with an uninsured driver in Queens is frustrating, but it doesn’t mean you’re out of options. Thanks to New York’s no-fault and UM insurance laws, you may still be able to recover medical costs and other damages. Acting quickly, keeping thorough documentation, and consulting a qualified attorney can help you protect your rights and secure the compensation you deserve.