What happens if the other driver has no insurance or flees the scene?

Few experiences are more distressing than being injured by a driver who either fled the scene (hit-and-run) or carries no auto insurance. Fortunately, New York law contains powerful safety nets designed to ensure innocent victims are not left financially devastated.

1. Supplementary Uninsured/Underinsured Motorist (SUM) Coverage

Under New York law, all auto insurance policies issued in NY include Uninsured Motorist (UM) protection, and policyholders can elect Supplementary Uninsured/Underinsured Motorist (SUM) coverage. If you or a household family member owns an insured vehicle, your own SUM endorsement can step in to cover your bodily injuries, medical bills, and pain and suffering just as if the hit-and-run driver had insurance.

2. The New York MVAIC (Motor Vehicle Accident Indemnification Corp)

If you were a pedestrian, cyclist, or passenger and neither you nor any member of your household owns an insured vehicle, you may be eligible to recover through MVAIC. MVAIC is a New York State-mandated quasi-public safety fund that provides up to $25,000 per person / $50,000 per accident for bodily injury, as well as No-Fault benefits.

Critical Notice Deadlines for Hit-and-Run Claims

In hit-and-run cases, New York law imposes strict reporting requirements:

• You must report the hit-and-run collision to the police within 24 hours (or as soon as reasonably possible).
• You must file an Affidavit of Intention to Make Claim with MVAIC within 90 days of the incident.