You did everything right. You drove safely, carried insurance, and obeyed the law. Then a driver with no insurance — or nowhere near enough of it — crashed into you. Now you're facing medical bills, missed work, and a claim against someone with nothing to offer. If this is your situation in Queens, you are not stuck. New York law provides real pathways to recovery, and our experienced attorneys know how to use every one of them.
Call (646) 647-3398 for a free consultation | Se Habla Español
What's in this video?
The attorneys at The Orlow Firm explain how medical bills get paid after a car accident in New York, including the role of no-fault coverage and what happens when the other driver has no insurance.
Our analysis of NYC Open Data motor vehicle collision records found that Queens drivers experienced more than 152,000 crashes between 2019 and 2025, second only to Brooklyn among all five boroughs. Jamaica and South Queens alone account for nearly 29,000 of those crashes. On roads like Northern Boulevard, Queens Boulevard, and the corridors feeding into Jamaica and Ozone Park, the odds of encountering an uninsured or underinsured driver are real.
When it happens, three layers of recovery become available to you:
No-fault/PIP coverage pays your medical bills and a portion of lost wages first, regardless of who caused the accident. Every New York driver must carry at least $50,000 in personal injury protection (PIP/no-fault) under state law.
UM/SUM coverage is the primary route to recovering pain and suffering and amounts beyond your no-fault limits. Uninsured Motorist (UM) and Supplementary Uninsured/Underinsured Motorist (SUM) coverage pays when the at-fault driver has no insurance or insufficient insurance. Every New York policy must include UM coverage. SUM has been automatically included at matching bodily injury limits for policies issued since June 16, 2018, unless you signed a written waiver declining it.
MVAIC is the option if you have no household auto policy at all. New York's Motor Vehicle Accident Indemnification Corporation provides a safety net. We explain this in detail below.
The Orlow Firm has maintained its primary office in Queens since 1982. Adam Orlow, a Managing Partner, is a former President of the Queens County Bar Association (2022-2023). Our attorneys know how insurance companies in this borough handle UM and SUM claims, and how to push back when they undervalue them.
View text version of this infographic
Your Coverage Options After an Uninsured Driver Accident in NY
| Coverage Feature | No-Fault (PIP) | UM / SUM | MVAIC | |---|---|---|---| | Who it pays | You (regardless of fault) | You & household members (uninsured driver) | NY residents with no household auto policy | | Max benefit (medical) | $50,000 per person | Up to your policy limit (often $100K+) | $50,000 PIP + $25K/$50K bodily injury | | Covers pain & suffering | No | Yes (serious injury threshold) | Yes (within statutory limits) | | Applies to hit-and-run | Yes | Yes (physical contact required) | Yes (90-day notice required) | | Requires own policy | Yes | Yes | No (safety net for uninsured residents) |
Not sure which coverage applies? Call (646) 647-3398 for a free consultation.
Understanding UM, SUM, and No-Fault: What Your Policy Actually Covers
New York's auto insurance system is layered, and most injured people don't realize how much coverage they may actually have. Here is how it works.
No-Fault (PIP) — First in Line
No-fault insurance pays regardless of who caused the crash. Under New York Insurance Law and NY Department of Financial Services regulations, your no-fault benefits cover:
- Medical expenses in full, with no deductible
- Lost wages at 80% of your gross income, up to $2,000 per month for up to three years
- Reasonable necessary expenses (transportation to treatment, household help)
- A death benefit of $2,000
The total no-fault payout is capped at $50,000 per person per accident. If your medical bills and lost wages exceed that threshold — which is common after surgery or long-term treatment — you need UM/SUM recovery to close the gap.
UM Coverage — When the At-Fault Driver Has No Insurance
Uninsured Motorist (UM) coverage is mandatory in New York. Your insurer must provide minimum limits of $25,000 per person and $50,000 per accident for bodily injury. UM coverage applies when:
- The at-fault driver carried no auto insurance at all
- The at-fault driver was unidentified (hit-and-run)
For hit-and-run claims, you must show proof of physical contact. Your vehicle must have actually been struck by the fleeing vehicle. Being forced off the road without contact does not qualify for UM coverage.
SUM Coverage — When the At-Fault Driver Didn't Have Enough Insurance
Supplementary Uninsured/Underinsured Motorists (SUM) coverage is New York's more powerful version of UM. Under New York Insurance Law § 3420(f)(2)(A), SUM pays when the at-fault driver's liability limits are lower than your own SUM limits.
Here is a practical example. If you carry SUM coverage of $100,000/$300,000 and the at-fault driver has the state minimum of $25,000, SUM pays you up to $75,000 more after their policy is fully exhausted. SUM also covers you when the at-fault driver has no insurance at all, making it the most useful protection available.
For policies issued on or after June 16, 2018, SUM coverage must equal your bodily injury liability limits. The exception: you specifically declined it in writing. Many drivers don't realize they have SUM coverage at those levels, or that their insurer may try to contest it.
Statute of Limitations" loading="lazy" style="width:100%;height:100%;object-fit:cover;border-radius:0.5rem;"/>What's in this video?
The Orlow Firm explains New York's no-fault insurance laws and the time limits that apply to car accident claims, including what happens when coverage runs out.
MVAIC: The Safety Net When No Coverage Exists
The Motor Vehicle Accident Indemnification Corporation (MVAIC) was created by the New York State Legislature in 1958 and is now governed by Article 52 of the New York Insurance Law. It exists for one purpose: to compensate people injured by uninsured or unidentifiable drivers when no other insurance is available.
In Queens neighborhoods like Jackson Heights, Corona, and Flushing, many residents don't own vehicles and have no household auto policy. MVAIC is often the only way to get any compensation at all. Our analysis of NYC Open Data crash records found that more than 12,000 pedestrians were injured in Queens between 2019 and 2025. Cyclists saw a record 943 injuries in 2025 alone. Many of these individuals have no household auto policy and would receive nothing without MVAIC.
Who Qualifies for MVAIC
To file a MVAIC claim, you must be:
- A New York State resident
- Injured in an accident that occurred in New York
- Without any household auto insurance policy that would cover the claim
- Not the owner (or spouse of the owner) of the uninsured vehicle that caused the accident
What MVAIC Covers
MVAIC provides:
- Up to $50,000 in no-fault (PIP) benefits
- Up to $25,000 per person / $50,000 per accident in bodily injury coverage
These are the statutory minimums, and they are the ceiling, not the floor. MVAIC does not pay beyond these limits, which is why having an attorney handle the claim from the start matters.
MVAIC Deadlines — Missing These Can End Your Claim
| Event | Deadline | |-------|----------| | Hit-and-run: report to police | Within 24 hours | | Hit-and-run: file Notice of Intention with MVAIC | Within 90 days of accident | | Identified uninsured driver: file Notice of Intention with MVAIC | Within 180 days of accident | | No-fault application (NF-2 form) to MVAIC | Within 30 days of accident |
MVAIC claims are routinely denied when applicants miss these deadlines or submit incomplete documentation. Having an attorney file the Notice of Intention and no-fault application on your behalf is not optional. It is critical.
View text version of this infographic
Critical Deadlines: Uninsured Motorist Accident in Queens
- 24 Hours — Report hit-and-run accident to police (MVAIC eligibility requirement)
- 30 Days — File no-fault (PIP) claim with your insurer (NY DFS Regulation 68)
- 90 Days — Notify your insurer of uninsured driver; file Notice of Intention with MVAIC (hit-and-run accidents)
- 180 Days — File Notice of Intention with MVAIC (identified uninsured driver)
- 3 Years — File personal injury lawsuit (NY CPLR § 214)
Warning: Missing even one of these deadlines can eliminate your right to compensation. Call (646) 647-3398 — we review every policy deadline at your free consultation.
Why Filing Against Your Own Insurance Company Is Not as Simple as It Sounds
Many people assume that because a UM or SUM claim goes to their own insurer, the process will be straightforward. It is not.
Your insurance company has the same financial incentive to minimize your payout that any adversary would. Even when the claim is valid, insurers routinely:
- Dispute the severity of your injuries
- Argue that your damages don't exceed the at-fault driver's policy limits (required before SUM is triggered)
- Claim you failed to meet notice deadlines
- Use independent medical examiners to challenge your treatment
Arbitration vs. Litigation
Most New York auto policies require arbitration to resolve SUM disputes. You go before an arbitrator rather than a jury. The process is adversarial: you present medical evidence, establish the extent of your injuries, and often need expert witnesses. For UM coverage disputes, New York law gives the insured the right to choose between arbitration and litigation in court. An experienced attorney can advise which path is likely to produce the better result for your case.
Insurance Bad Faith
If your insurer denies a valid UM/SUM claim, or handles it in a way that violates its duty of good faith, you may have grounds for a bad faith claim. That can mean damages beyond the policy limit. This is uncommon, but it is a real consequence for insurers who act unreasonably.
Disclosure Obligations
Under New York Insurance Law § 3420(f), the at-fault driver's insurer must disclose its coverage limits within 45 days of a written request. That disclosure determines whether your SUM coverage is triggered. We send this request in every case so the SUM clock doesn't run against you while you wait for information the other insurer is legally required to provide.
Critical Deadlines After a Queens Uninsured Motorist Accident
Missing any of these deadlines can eliminate your right to recover compensation entirely.
| Deadline | Action Required | |----------|----------------| | Immediately | Call 911 — a police report is required for hit-and-run UM claims | | Within 24 hours | Report a hit-and-run accident to police (MVAIC eligibility requirement) | | Within 30 days | File no-fault (PIP) claim with your insurer (NY DFS Regulation 68) | | Within 45 days | Submit medical bills to your no-fault insurer after each date of service | | Within 90 days | Notify your insurer that the at-fault driver was uninsured or unidentified | | Within 90 days | File Notice of Intention with MVAIC (hit-and-run accidents) | | Within 90 days | Submit lost wage documentation to no-fault insurer | | Within 180 days | File Notice of Intention with MVAIC (identified uninsured driver) | | Within 3 years | File personal injury lawsuit (NY CPLR § 214) | | Varies by policy | Demand arbitration for SUM claims — check your policy's specific deadline |
The three-year statute of limitations is the outer boundary, but your SUM policy may set a shorter deadline for demanding arbitration. We review insurance policies as part of every initial consultation to make sure no policy-specific deadline is missed.
Compensation You Can Recover in a Queens UM/SUM Case
No-fault coverage handles medical bills and partial wage loss up to $50,000. For serious injuries — surgery, extended rehab, or permanent limitations — the real recovery comes through UM/SUM.
The Serious Injury Threshold
To pursue pain and suffering damages beyond no-fault in New York, your injury must meet the "serious injury" threshold defined by Insurance Law § 5102(d). Qualifying injuries include:
- A fracture
- Significant limitation of use of a body function or system
- Permanent consequential limitation of use of a body organ or member
- A medically determined injury preventing you from performing substantially all daily activities for 90 of the first 180 days after the accident
Most cases involving surgery, herniated discs, torn ligaments, or long-term impairment meet this threshold. Our attorneys evaluate this early in every case.
What UM/SUM Damages Cover
- Medical expenses — past and future treatment, surgery, physical therapy, medications
- Lost wages — actual income lost while you could not work
- Lost earning capacity — if your injuries affect your ability to earn going forward
- Pain and suffering — physical pain, emotional distress, diminished quality of life
- Permanent disability or disfigurement
- Wrongful death damages if a loved one was killed
New York's mandatory minimum bodily injury coverage — $25,000 per person — has not been raised since 1975. It is woefully inadequate for any serious injury. SUM coverage exists because minimum limits almost never cover the full scope of damages in a serious crash.
Our Track Record in Motor Vehicle Cases
The Orlow Firm has recovered compensation for injured people throughout Queens and New York City in motor vehicle accident cases:
$997,997 — Taxi driver struck head-on by a truck; back surgery required.
$750,000 — Passenger in a work vehicle collision; neck and back surgeries.
$675,000 — Rear-ended by a tractor trailer; both shoulders required arthroscopic surgery.
$650,000 — Bus passenger struck by a tractor trailer; hand and shoulder surgery.
$435,000 — Client struck by a vehicle making an illegal left turn; ankle and wrist fractures.
Prior results do not guarantee a similar outcome.
What's in this video?
The Orlow Firm walks through the types of compensation available after a New York car accident, including medical expenses, lost wages, and pain and suffering damages.
Why Queens Residents Choose The Orlow Firm
Our main office is at 71-18 Main Street in Queens — not a satellite location, but our home since 1982. We know the courts in Kew Gardens, the corridors in Jamaica, the intersections in Flushing and Astoria where crashes concentrate. That local presence shapes how we investigate, negotiate, and litigate.
Four decades of Queens experience. Steven S. Orlow, our Founder and a Cornell Law graduate, served as a former Assistant District Attorney and former NYC Council Member-At-Large representing Queens County. That background in government and prosecution informs how our firm reads complex insurance contracts and anticipates insurer arguments.
Community leadership. Adam Orlow, Managing Partner, served as President of the Queens County Bar Association (2022-2023) and remains on its Board of Managers. Brian Orlow, Managing Partner, has represented injured clients throughout Queens for more than 25 years.
A family firm. When you call us, a partner handles your case. Your file is not passed to a junior associate or a paralegal. You work directly with the attorneys whose names are on the door.
No fee unless we win. We handle every case on contingency. Your initial consultation is free. If we don't recover compensation for you, you owe us nothing.
Se Habla Español | Four NYC office locations | We can come to you
What's in this video?
The Orlow Firm's Queens car accident attorneys discuss what they look for in these cases and why local knowledge of Queens roads and courts matters when pursuing maximum compensation.
Frequently Asked Questions About Uninsured/Underinsured Motorist Claims in Queens
Does New York require uninsured motorist coverage?
Yes. New York Insurance Law § 3420(f) requires all auto policies issued in the state to include uninsured motorist coverage with minimum limits of $25,000 per person and $50,000 per accident. This UM coverage applies to you, your passengers, and household family members. Supplemental SUM coverage at higher limits is separately available and has been automatically included in most policies issued since June 2018.
What is the difference between UM and SUM coverage in New York?
UM (Uninsured Motorist) coverage pays up to mandatory minimum limits when you're hit by a driver who has no insurance. SUM (Supplementary Uninsured/Underinsured Motorists) coverage goes further. It raises that protection to the full limits of your own policy and covers underinsured drivers whose limits fall below yours. SUM bridges the gap between a minimum-limit policy and your actual losses.
What if the driver who hit me fled the scene?
Hit-and-run accidents qualify for UM/SUM coverage, but you must show "proof of physical contact" — your vehicle must have been physically struck by the fleeing vehicle. Report the accident to police right away (within 24 hours if you plan to file with MVAIC). Witness statements and photographs of vehicle damage that corroborate contact are critical evidence.
Can I get compensated if there is no auto insurance anywhere — no household policy, no UM coverage?
Yes. MVAIC — the Motor Vehicle Accident Indemnification Corporation — provides up to $50,000 in no-fault benefits and $25,000/$50,000 in bodily injury coverage for New York residents injured by uninsured or unidentified drivers when no other policy applies. You must be a NY resident, have no household auto insurance, and file a Notice of Intention within 90 days (hit-and-run) or 180 days (identified uninsured driver).
Do I have to go to court, or is my claim resolved through arbitration?
Most SUM claims in New York are resolved through mandatory arbitration under your policy's terms. UM claims give the insured a choice: arbitration or litigation in court. Arbitration is generally faster but can limit discovery; litigation allows a full evidentiary process. Which path produces a better outcome depends on the facts of your case, and we advise on this during the initial consultation.
How long does a UM/SUM claim take in New York?
No-fault (PIP) claims typically resolve within weeks to a few months. UM/SUM arbitrations or litigation take longer — often one to three years — depending on injury severity, coverage disputes, and how hard your insurer contests the claim. Serious injury cases with ongoing treatment tend to resolve after maximum medical improvement is reached.
What if my own insurance company denies my UM/SUM claim?
A denial is not the end of the road. You have the right to challenge it through arbitration or litigation. If your insurer acted unreasonably in denying or undervaluing a valid claim — delaying without cause, misrepresenting coverage, or failing to conduct a fair investigation — it may be liable for bad faith damages beyond the policy limit. An attorney should review any denial letter before you accept it.
I was struck by an uninsured driver as a pedestrian in Queens. Am I covered?
Yes. Uninsured motorist coverage extends to you as a pedestrian or cyclist struck by an uninsured or unidentified vehicle. If you have no household auto policy, MVAIC is your avenue for recovery. Our analysis of NYC Open Data records found that Queens pedestrians suffered more than 12,000 injuries from 2019 through 2025. Many of those crashes involved drivers who may have been uninsured. Knowing your options matters.
Contact a Queens Uninsured/Underinsured Motorist Lawyer Today
Learning that the driver who hurt you had no insurance — or not nearly enough — can feel like a second blow after the accident itself. But it does not end your claim. Our attorneys have spent four decades helping Queens residents work through exactly this situation, using every layer of New York's UM, SUM, and MVAIC framework to recover what they're owed.
View text version of this infographic
What to Do After Being Hit by an Uninsured Driver in Queens
- Call 911 — Get a police report. A police report is required for hit-and-run UM claims.
- Document the Scene — Take photos of damage, get witness information, note the vehicle description and any license plate numbers.
- Seek Medical Care — See a doctor within 24–72 hours. Gaps in treatment hurt your claim.
- Notify Your Insurer — File your no-fault claim within 30 days. Report the uninsured driver within 90 days.
- Check for MVAIC — If you have no household auto policy, file a Notice of Intention with MVAIC right away.
- Call The Orlow Firm — (646) 647-3398. Free consultation — no fee unless we win.
Call (646) 647-3398 for a free consultation. We work on contingency — you pay nothing unless we recover compensation for you.
Se Habla Español | Main office in Queens since 1982 | We can come to you
Sources & Official Resources
New York Laws Cited
- NY Insurance Law § 3420(f) — Uninsured and Supplementary Uninsured/Underinsured Motorist Coverage Requirements
- NY Insurance Law Article 52 — Motor Vehicle Accident Indemnification Corporation (MVAIC)
- NY Insurance Law § 5102(d) — Serious Injury Definition
- NY Insurance Law § 5103 — No-Fault Personal Injury Protection
- CPLR § 214 — Three-Year Statute of Limitations for Personal Injury
New York Insurance Regulations
- NY DFS Regulation No. 68 (11 NYCRR Part 65) — No-Fault Claim Deadlines (30-day notice, 45-day medical bills, 90-day lost wages)
- NY DFS — No-Fault Auto Insurance Consumer FAQ
Helpful Resources
- MVAIC — Motor Vehicle Accident Indemnification Corporation (Official Site)
- NYC Open Data — Motor Vehicle Collisions Dataset (NYPD)
Data Methodology
Borough and neighborhood breakdowns cited on this page were calculated by The Orlow Firm's research team from publicly available NYC Open Data records. The Motor Vehicle Collisions dataset (NYPD, 2019-2025) reports crash data at the individual incident level. We aggregated these records by borough, neighborhood zip code, and year to produce the Queens-specific statistics cited above, as the dataset does not include pre-calculated borough-level breakdowns for all metrics.
