What options are available in New York if the at-fault driver had no active insurance coverage on the date of loss?

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Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for advice.

Detailed Answer

In New York, drivers must maintain minimum liability insurance under Insurance Law §5102. When the at-fault driver had no active insurance at the accident date, you still have options to recover damages:

1. File an Uninsured Motorist Claim under Your Policy

Insurance Law §5102 requires insurers to offer uninsured motorist (UM) coverage. If you purchased UM coverage, you can file a claim with your own insurer to cover your injuries and property damage up to your policy limits. For details, see Insurance Law §5102: https://www.nysenate.gov/legislation/laws/INS/5102.

2. Recover No-Fault Benefits (Personal Injury Protection)

New York’s no-fault law provides Personal Injury Protection (PIP) benefits regardless of fault. You can claim up to $50,000 in medical expenses, lost earnings, and other out-of-pocket costs under Insurance Law §5103: https://www.nysenate.gov/legislation/laws/INS/5103.

3. Sue the At-Fault Driver Directly

You can file a negligence lawsuit against the uninsured driver in civil court. Obtain a judgment for your damages and then enforce the judgment through wage garnishment, bank levies, or property liens.

4. Apply to the Unsatisfied Claim and Judgment Fund

If you secure a judgment but cannot collect because the driver lacks assets, apply for reimbursement from New York’s Unsatisfied Claim and Judgment Fund under Insurance Law §5106. For more information, see: https://www.nysenate.gov/legislation/laws/INS/5106.

Helpful Hints

  • Report the crash promptly to both your insurer and the DMV.
  • Keep detailed records of medical bills, repair estimates, and lost income.
  • Secure a certified copy of any court judgment before applying to the fund.
  • Consult an attorney early to guide you through filing claims and lawsuits.
  • Gather witness statements and photos of the accident scene.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.