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What Happens if You Get into an Accident With an Uninsured Driver in NYC?

New York is a “no-fault” state, but what does that really mean?

It means that during an accident who is at fault doesn’t matter. Driver A’s insurance will cover Driver A. Driver B’s insurance will cover Driver B.

And so you might think the other driver’s status doesn’t make much difference. You’re dealing with your own insurance company. But the other driver’s status can matter.

Every car insurance policy in New York includes “Personal Injury Protection” coverage, or PIP. If your injuries exceed your coverage you could then sue Driver B’s insurance company for the balance.

If the other driver is uninsured this becomes a lot harder.

But that doesn’t mean you can’t get the money you need to cover your injuries.

Other Coverage

If you don’t already have uninsured motorist coverage it’s a good idea to get some. This coverage exists specifically to help get you paid in the event you are in an accident with an uninsured driver.

If you do have uninsured motorist coverage you can receive funds up to your coverage limits.

There may also be other insurance companies involved. Your health insurance should be covering a portion of your hospital bills, for example.

See also: Top Tips for Dealing With an Insurance Company after an NY Car Accident.

Suing the Other Driver

You can also sue the other driver directly. This isn’t always worthwhile or helpful, because drivers who don’t have insurance rarely have the means to pay, and you don’t have the ability to take away their driver’s license the way the insurance company does.

But that’s not to say it’s never worth it to sue the other driver. There are times when an uninsured driver does have assets worth going after. It’s important to consult with a personal injury attorney before making the situation.

See also: The First Three Things You Should Do After a New York City Car Accident.

No matter what, you need a lawyer.

It’s possible to make serious mistakes while filling out an uninsured motorist claim which could keep you from receiving payment. And you certainly need an attorney’s help to determine whether or not a driver is worth suing. It’s a tough situation, but it’s not an insurmountable one. And since 20% of drivers in New York have no insurance it’s a good idea to be prepared for the possibility.

No matter what the status of the other driver is, one of your first acts after a car accident, upon receiving medical treatment, should be to reach out to an attorney. Call today to set up your case evaluation.


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Law Office of David S. Leigh
11 Broadway suite 615, New York, NY, 10004
New York NY 10004
(212) 843-0907

Meet Our Attorney


David S. Leigh

David S. Leigh is a New York City Personal Injury Lawyer committed to helping those in the New York Metro area recover and find fair compensation after an accident or injury. 


David has helped my small business (photography) with several proposals and bid letters. He also took the time to explain the language of each letter. I would definitely use David again for all the legal needs of my business! William F Spencer
William Spencer
William Spencer
21:58 30 Aug 16
I worked with David while at the District Attorney's office. David is very knowledgeable in the law. David has outstanding attention to detail and the critical ability to see the big picture, then find and question the inconsistencies in the reports. This is a fundamental skill that makes a good criminal defense lawyer great. I highly recommend David.
Greg Green
Greg Green
20:27 07 Oct 15
David is a tireless advocate for his clients and a consummate professional with whom I've worked on a variety of legal matters. His character and integrity surely set him apart from many of his contemporaries. As colleague, I wholeheartedly recommend David to anyone seeking counsel in the NYC area.
Hari K. Singh
Hari K. Singh
13:32 05 Oct 15
David is a first-rate trial lawyer. Having had the opportunity to both watch him in trial and personally try a case with him, I can say that I would be glad to have him working with me on a case. His delivery is excellent, as is his ability to connect with a jury.
Bryce Allen
Bryce Allen
21:13 15 Nov 15
Knowledgable and great to work withI can't say enough good things about David. My husband needed his help with language for documents he'd need for his business. David was knowledgeable and told us exactly what we needed to hear. I can't think of anyone else I'd want to work with. The next time we need legal counsel, we're calling David.
Yahaira Castro
Yahaira Castro
14:41 28 Sep 15
I was looking for a personal injury lawyer and a friend of mine referred me to David. David is really smart and also great to work with. He really listens to you, works hard and he knows how to get results.
Lili Grossman
Lili Grossman
17:36 29 Oct 18
When my mother suffered back and shoulder injuries due to a car accident, Mr. Leigh went above and beyond to make sure she was rightfully compensated for her traumatic ordeal. He was tough with the insurance company yet very patient with my older mom, as he navigated her through these complex negotiations. He exemplifies what a personal injury attorney should be and we highly recommend him.
Max Patino
Max Patino
19:02 29 Oct 18
David is a top-notch lawyer who is very diligent in all that he does. He is not only a sharp legal mind, but actually has interpersonal skills that make him a caring advocate for his clients. I have had the privilege of working with David in private law practice and can easily say that few attorneys match him in personability, advocacy, verbal ability, and in-court and deposition strategy.
Samae Rohani
Samae Rohani
01:40 30 Oct 18
I was helping my cousin find an attorney and came across David's firm. We contacted him immediately and scheduled a consultation. He was very thorough and provided us with all the details we needed.
03:27 20 Dec 18
Thoughtful, knowledegable and a great attorney. I needed some legal advice and representation. He was everything you could ask for in a lawyer. David is top notch and I would highly recommend him.
Marisa Osorio
Marisa Osorio
21:24 26 Dec 18
David Leigh is a top notch attorney that I have worked with closely. He has integrity, excellent legal ability, and is able to obtain optimal results for his clients. I recommend him wholeheartedly to anyone looking for the highest level of representation.
Stephanie Plana
Stephanie Plana
22:02 18 Jan 19


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