New York · Uninsured driver · Updated Oct 2026

Hit by an uninsured driver in New York: coverage, penalties and what to do

Your coverage, the penalties and how to claim your losses.

Short answer

Driving without insurance is a traffic infraction: fine of $150-$1,500 and/or up to 15 days in jail, plus a civil penalty (VTL § 319). Uninsured motorist coverage is required in every policy (protects you and your passengers if hit by an uninsured or hit-and-run driver).

Uninsured motorist (UM) coverage: Required
Minimum liability: 25/50/10
Insurance system: No-fault
PIP required: $50,000

Uninsured motorist coverage in New York

Uninsured / underinsured motorist (UM/UIM): Uninsured motorist coverage is required in every policy (protects you and your passengers if hit by an uninsured or hit-and-run driver). If there is no insurance at all, you may claim through MVAIC.
Liability minimum: 25/50/10 ($50,000/$100,000 if the injury causes death)
Official text: Read the official text

Compare every state in the minimum insurance table.

If the other driver has no insurance in New York

In lawsuits filed on or after May 26, 2026, an injured person who is at fault (but not barred) and was driving uninsured (unless the lapse was under 30 days) can recover at most $100,000 for pain and suffering (Ins. Law § 5104(d)).

State forms and programs in New York

If you are hurt by an uninsured or hit-and-run driver, report the crash to police within 24 hours and file your no-fault claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC), 110 William St., 19th Floor, New York, NY 10038, (646) 205-7800.

Penalties for driving uninsured in New York

Driving without insurance is a traffic infraction: fine of $150-$1,500 and/or up to 15 days in jail, plus a civil penalty (VTL § 319).

No-fault benefits in New York

New York is a no-fault state for injuries: your own personal injury protection (PIP) pays your first medical bills and lost income, whoever caused the crash. You can sue the other driver for injuries only in some cases, described below. No-fault (PIP) is required: at least $50,000 per person in basic economic loss (medical bills, lost wages, other costs), paid by your own insurer whoever caused the crash. File a written no-fault claim within 30 days of the crash.

Recent changes in New York

It: (1) added CPLR § 1411(b), barring an injured person whose fault is greater than the defendants' in car crash injury cases (51% bar); (2) removed the '90/180-day' category from the 'serious injury' definition in Ins. Law § 5102(d); (3) added Ins. Law § 5104(d), capping pain-and-suffering damages at $100,000 (except death cases) for an at-fault injured person who was driving uninsured (unless the lapse was under 30 days), was convicted of impaired driving, or was committing a felony and convicted of it; (4) requires fault to be decided before serious injury (§ 5104(a)).

How fast an insurer must handle a claim in New York

N.Y. Ins. Law § 2601(a)(4): after receiving a properly executed proof of loss, the insurer must tell the claimant whether it accepts or denies the claim within 30 working days.
For no-fault, DFS says the insurer must send the application within 5 business days of the notice of claim and pay within 30 days of receiving proof of the claim, unless it asks for more verification.

Claiming from the uninsured driver in New York

Small claims limit for car damage in New York: $10,000 in New York City; $5,000 in City Courts outside NYC and District Courts in Nassau and western Suffolk; $3,000 in Town and Village Courts. New York small claims guide on Small Claims Map

Step by step if an uninsured driver hits you in New York

Report the crash to the police. Before leaving, stop, show your license and insurance card, and give your name, address, insurer and policy details to the other party. Reporting a crash in New York and getting the police report
Write down the other car's plate and get witness names.
Claim under your uninsured motorist coverage; in New York it is required.
File your PIP claim on time; New York's no-fault benefits don't depend on who caused the crash.
If your coverage doesn't pay everything, sue the driver before the deadline: 3 years for both property damage and injury. Deadlines to sue in New York, with the calculator

Free help in New York

Questions about uninsured drivers in New York

Is uninsured motorist coverage required in New York?

Uninsured motorist coverage is required in every policy (protects you and your passengers if hit by an uninsured or hit-and-run driver). If there is no insurance at all, you may claim through MVAIC.

What happens if you drive without insurance in New York?

Driving without insurance is a traffic infraction: fine of $150-$1,500 and/or up to 15 days in jail, plus a civil penalty (VTL § 319).

What can I do if an uninsured driver hits me in New York?

In lawsuits filed on or after May 26, 2026, an injured person who is at fault (but not barred) and was driving uninsured (unless the lapse was under 30 days) can recover at most $100,000 for pain and suffering (Ins. Law § 5104(d)). If you are hurt by an uninsured or hit-and-run driver, report the crash to police within 24 hours and file your no-fault claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC), 110 William St., 19th Floor, New York, NY 10038, (646) 205-7800.

What is the minimum car insurance in New York?

25/50/10 ($50,000/$100,000 if the injury causes death)

How long do I have to sue an uninsured driver in New York?

3 years for property damage and 3 years for injury.

How fast must an insurer handle a car insurance claim in New York?

N.Y. Ins. Law § 2601(a)(4): after receiving a properly executed proof of loss, the insurer must tell the claimant whether it accepts or denies the claim within 30 working days. For no-fault, DFS says the insurer must send the application within 5 business days of the notice of claim and pay within 30 days of receiving proof of the claim, unless it asks for more verification.

More for New York drivers

Nearby states

Sources

Last checked: Oct 24, 2026.