Accidents move fast. This guide doesn't. Every step below is attorney-reviewed, specific to New York City, New York law, and written in plain language instead of legal jargon — with each answer linked to its source, so you don't miss what matters.
About 6% of NYC drivers carry no insurance, well above the national average, and hit-and-runs are concentrated in dense outer-borough corridors. New York mandates Uninsured Motorist (UM) coverage on every auto policy, and the Motor Vehicle Accident Indemnification Corporation (MVAIC) is the state-funded backstop when the at-fault driver has no insurance and you don't either. The traps are the deadlines: MVAIC requires 90-day notice under Insurance Law § 5208, and your own insurer typically requires UM notice within 30 days.
This guide applies to New York State law.
If the at-fault driver was uninsured, fled (hit-and-run), or stolen-vehicle, you can recover through (1) your own Uninsured Motorist (UM) coverage, minimum $25,000/$50,000 in NY, mandatory under NY VTL § 311(4), or (2) MVAIC if you're uninsured yourself. MVAIC requires written notice within 90 days of the accident under Insurance Law § 5208, miss it and the claim is dead.
- UM coverage minimum: $25K per person / $50K per accident (mandatory in NY)
- SUM (Supplementary UM): Optional add-on that matches your liability limits, recommended
- MVAIC eligibility: Uninsured NY resident, hit by uninsured/hit-and-run driver, in NY
- Hard deadline: 90 days written notice to MVAIC; many insurers require 30-day UM notice
Quick Answer: Source Index4§ 3 LAW◎ 1 GOVclaim-level sources
NY VTL § 311(4): Mandatory UM CoverageNY VTL § 311(4): Mandatory UM Coverage✓ Official (source-only)
NY Insurance Law § 5208: MVAIC Notice DeadlineNY Insurance Law § 5208: MVAIC Notice Deadline✓ Official (source-only)
NY Insurance Law § 3420(f): SUM CoverageNY Insurance Law § 3420(f): SUM Coverage✓ Official (source-only)
MVAIC: Motor Vehicle Accident Indemnification CorporationMVAIC: Motor Vehicle Accident Indemnification Corporation✓ Official (source-only)
Check My Case Value & Protect My Claim
Free · No obligation · 24/7 intake open
⚡ Free · No Obligation
See If You Qualify in 60 Seconds
Step 1: Select accident type
What type of accident were you in?
What You're Experiencing
The driver who hit you in NYC had no insurance, fled the scene, or carried only minimum coverage that doesn't cover your injuries, and you're not sure whether to file with your own insurer, MVAIC, or both.
What This Likely Means
- If the at-fault driver fled and was never identified → This is a hit-and-run claim. If you're insured, file UM. If you're uninsured, file with MVAIC within 90 days.
- If the at-fault driver had insurance but only minimum limits → File a third-party claim against their carrier first, then a UIM/SUM claim against your own insurer for the gap.
- If the at-fault driver was uninsured and you're also uninsured → MVAIC is your only path. The 90-day notice is strict.
Your Options
You Can Do This
- •File the MVAIC Notice of Intention to Make Claim within 90 days (do this in week one)
- •Notify your own insurer of a UM claim in writing within your policy's notice period (often 30 days)
- •Get a copy of the NYPD MV-104A as proof you reported the incident
- •Document why the at-fault driver was uninsured or unidentified, license plate photos, witness statements, surveillance footage
Attorney Handles
- •Files MVAIC notice and any required affidavits proving 'reasonable efforts' to identify a hit-and-run driver
- •Coordinates UM/UIM/SUM claims across your own carrier, the at-fault carrier, and MVAIC where multiple paths exist
- •Handles UM arbitration, most NY UM claims are arbitrated, not litigated, and the procedure is technical
- •Calculates SUM offsets correctly so you don't lose recovery to PIP or med-pay double-counting
Avoid Doing This
- •Your own insurer's first UM offer commonly excludes future medicals and lost earning capacity. Attorneys advise having it reviewed before responding.
- •UM claims are adversarial: you can consult counsel before giving your own insurer a recorded statement, and most attorneys advise that.
- •MVAIC notice past 90 days is barred, with no good-cause exception. Prompt notice preserves the claim.
- •Don't assume a hit-and-run is automatically MVAIC, if you have your own UM coverage, that's typically the first path
What This Typically Costs
MVAIC bodily injury caps at $25,000 per person / $50,000 per accident, the same as NY's mandatory minimum UM. If your damages exceed those limits, MVAIC won't cover the gap. SUM coverage on your own policy is the only practical way to scale UM/UIM recovery beyond the statutory floor. Adding SUM to a NYC auto policy typically costs $50–$200/year.
When to Get Help
Many situations on this page are manageable on your own. The Your Options section above shows what people commonly handle themselves and where an attorney typically adds value.
These signals usually mean it is time to talk to a licensed attorney:
- 1
If 90 days are about to elapse and you haven't notified MVAIC → File the Notice of Intention today, even with incomplete information. Late notice is the #1 cause of MVAIC denial.
- 2
If your injuries clear the § 5102(d) serious injury threshold and the at-fault driver was uninsured → Stack UM/SUM with PIP and pursue full economic + non-economic damages through arbitration.
- 3
If the at-fault driver was driving a stolen vehicle → MVAIC may apply even if the registered owner had insurance, because the stolen-vehicle exclusion typically voids coverage.
A consultation is information, not a commitment. Free consultations are standard at New York personal injury firms.
Key Numbers
| Metric | Value | Source |
|---|---|---|
| NY mandatory UM minimum | $25,000 / $50,000 | statuteNY VTL § 311(4) |
| MVAIC notice deadline | 90 days from accident | statuteNY Insurance Law § 5208 |
| Estimated NYC uninsured driver rate | ~6% | third-partyInsurance Research Council 2023 estimates |
| MVAIC max recovery (per person) | $25,000 bodily injury | .gov ✓MVAIC.com: Coverage Limits |
| SUM coverage availability | Up to your liability limit | statuteNY Insurance Law § 3420(f) |
Common Mistakes to Avoid
- 1
Mistake #1: Missing the 90-day MVAIC notice deadline.
Unlike most no-fault deadlines that can be excused for good cause, the 90-day MVAIC notice under Insurance Law § 5208 is strict. File the Notice of Intention to Make Claim with MVAIC immediately after a hit-and-run or uninsured-driver crash, even if you're still gathering evidence.
- 2
Mistake #2: Filing only with your own UM and not with MVAIC (when eligible).
If the other driver is uninsured and you're also uninsured, MVAIC is your only path. If you're insured but the other driver fled, you go through your UM. If you're uninsured but the at-fault driver fled, MVAIC may still cover you. Each path has different documentation requirements, figure this out in week one.
- 3
Mistake #3: Treating UM coverage like third-party liability.
UM is a contract claim against your own insurer, not a tort claim against the at-fault driver. That means it's subject to your policy's arbitration clause (most NY UM claims are arbitrated, not litigated), the policy's limits, and offsets for any PIP or medical-payments paid. The strategy is fundamentally different from a regular bodily injury claim.
Frequently Asked Questions
What's the difference between UM, UIM, and SUM in NY?▼
UM (Uninsured Motorist) covers you when the at-fault driver has no insurance. UIM (Underinsured Motorist) covers the gap when their limits aren't enough. SUM (Supplementary Uninsured/Underinsured Motorist) is NY's combined version, it both covers uninsured drivers AND tops up underinsured drivers up to your own liability limit. Most NY policies bundle UM and SUM together.
Do I have to give a recorded statement to my own insurer for a UM claim?▼
Most NY auto policies require 'cooperation' with your insurer for UM claims, which typically includes a statement under oath. But the cooperation clause is narrower than insurers claim, you do not have to give an unrepresented recorded statement before reviewing the policy and consulting an attorney. Saying 'I want to consult counsel before giving a statement' is not refusal to cooperate.
What if MVAIC denies my claim?▼
MVAIC denials are appealable through arbitration before the American Arbitration Association under the MVAIC arbitration rules. Common denial reasons include late notice (the 90-day rule), failure to make 'reasonable efforts' to identify the hit-and-run driver, or coverage exclusions. Arbitration generally has shorter timelines than litigation and is decided on written submissions plus a hearing.
About QOLA
About QOLA’s Matching Service
QOLA is a free service that matches accident victims with verified personal injury attorneys. It is not a law firm, and the matching service is separate from the guidance above. The match is optional. The information above stands on its own.
Your Consultation Is Always Free
Every attorney on QOLA works on contingency. You pay nothing upfront, and no attorney fee unless your attorney wins or settles your case.
Government-Sourced, Attorney-Verified
Every guide is built from official state records, federal statutes, and government data — then reviewed by a licensed New York attorney with a verified clean disciplinary record.
Re-Verified Every 90 Days
Content is reviewed on a 90-day cycle with the reviewing attorney's name and Bar number listed transparently on every page.
24/7 Intake — English & Spanish
Every QOLA partner firm provides round-the-clock intake in both English and Spanish so you can get answers the moment you need them.
Your Privacy Is Protected
We never share your personal information without your explicit consent — your eligibility check is free, confidential, and carries zero obligation.
Want to be matched with a verified New York City attorney?
Free, no obligation. You can also use this guide on its own.
How this was verified
Reviewed by: Not Yet Claimed · NY Bar #0000000 · Data as of: Jan 2025 · Next review: 2026-Q3.
What we did not verify: the facts of your specific crash, or any outcome.
Sources & Citations
- statute[1] NY VTL § 311(4): Mandatory UM Coverage ↗
- statute[2] NY Insurance Law § 5208: MVAIC Notice Deadline ↗
- statute[3] NY Insurance Law § 3420(f): SUM Coverage ↗
- .gov[4] MVAIC: Motor Vehicle Accident Indemnification Corporation ↗
This guide applies to New York State law.
Related New York City Accident Guides
Deep-dive service guides written with our verified partner attorneys.
Hit-and-Run Accidents in New York City
Hit by a driver who fled the scene in NYC? New York's Motor Vehicle Accident Indemnification Corporation (MVAIC) covers victims of unidentified drivers. Learn VTL § 600, MVAIC claims, and your 30-day filing deadline.
What to Do After a Car Accident in New York City
Injured in a NYC car accident? NY's no-fault law limits lawsuits unless injuries meet § 5102(d). Learn the 30-day NF-2 deadline and 3-year SOL. Free.
Check My Case Value & Protect My Claim
Free · No obligation · 24/7 intake open
⚡ Free · No Obligation
See If You Qualify in 60 Seconds
Step 1: Select accident type
What type of accident were you in?