Steps To Take if An Uninsured or Underinsured Driver Hits You in New York

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Being involved in an accident is already a lot to deal with. When you discover that the driver who caused your accident does not have insurance or has insufficient coverage, things can get complicated. Luckily, in New York, drivers who get into accidents with uninsured or underinsured drivers are not without options. One of the main options is filing an uninsured or underinsured motorist (UM/UIM) claim. UM/UIM coverage is specifically designed to enable you to recover financial compensation when the at-fault driver lacks insurance or does not have enough coverage.

After being involved in an accident with an uninsured or underinsured driver, it is vital to take proactive steps to protect your well-being and rights. Below are the steps to take if an uninsured driver hits you in New York.

1.    Call 911 and Report the Accident

After any accident, your priority should be your safety and the safety of everyone else. Once you have ensured everyone’s safety, call 911 to report the accident. The officer who arrives at the scene will conduct a preliminary investigation and prepare an official accident report. This report is vital evidence for any insurance claim you file later.

2.    Seek Prompt Medical Attention

Even if your injuries seem minor, it is crucial to seek immediate medical attention. In New York, your own insurance company pays for your medical bills after an accident, regardless of fault. Seeking prompt medical attention can also help strengthen your UM/UIM claim by linking your injuries directly to the accident and helping establish their severity.

3.    Promptly Notify Your Insurance Company

You need to notify your insurance company about the accident as soon as you can. Let your insurance know that an uninsured/underinsured driver hit you. In New York, most insurance policies require that you notify your insurer about an accident within 30 days. However, it is best to act fast and report within 24 hours if possible.

After an accident with an uninsured or underinsured driver, you should provide your insurer with details about the incident, such as;

  • The date, time, and location of the accident
  • The police report number for the incident
  • The other driver’s number plate and details of the car (if possible)
  • Pictures of the accident scene and damage to your car

If the other driver doesn’t have insurance, your insurance company will handle your claim under your UM coverage. If they have insufficient insurance, you will file a UIM claim.

4.    Gather Evidence To Support Your Claim

UM/UIM claims are fault-based claims, meaning you must prove the other driver was negligent and caused the accident to recover compensation. To prove this, you need strong evidence. Some of the evidence to collect and keep includes;

  • The police report
  • Witness statements
  • Photos and videos from the accident scene
  • Your medical records

5.    Consult an Attorney

UM/UIM claims can be complex. Often, insurance companies try to minimize payouts, even under your own policy. An experienced New York personal injury lawyer can negotiate on your behalf and take your case to court if necessary.

Contact Us for Legal Help

If an uninsured or underinsured driver has hit you in New York, contact our skilled Long Island car accident lawyers at Jacobson Law for help evaluating your legal options and pursuing your deserved compensation.

By Jacobson Law | Posted on December 19, 2025