If an uninsured driver hits you in Rochester, your own insurance may pay. New York's no fault system covers your medical bills and lost earnings through your own or a household policy, and New York’s insurance law builds uninsured motorist coverage into every New York auto policy to stand in for the liability insurance the other driver should have had. A crash with an uninsured driver changes where the money comes from, not whether it exists. The sections below walk through no fault, UM, SUM, MVAIC, and the short deadlines attached to each.
William Mattar, P.C. has focused exclusively on motor vehicle accident cases for more than 30 years, with attorneys and offices and intake locations across New York State. In that time the firm has recovered more than $590 million in car accident cases across 13,600+ cases, and that experience shapes the guidance below.
Key facts about uninsured driver crashes in Rochester
- No fault coverage under Insurance Law 5103 pays your medical bills and lost earnings through your own insurer regardless of fault, up to $50,000 in basic economic loss.
- Insurance Law 3420(f)(1) requires every New York auto liability policy to include uninsured motorist coverage of at least $25,000 per person and $50,000 per accident for bodily injury.
- A hit and run driver who cannot be identified is treated as uninsured, and MVAIC eligibility rules require the crash to be reported to police within 24 hours.
- MVAIC provides no fault and bodily injury coverage only when no auto policy in your household applies to the crash.
- A lawsuit against an identified uninsured driver must generally be filed within three years under CPLR 214, and the notice deadlines for UM and MVAIC claims are far shorter. This deadline can sometimes be much shorter. Every case is unique.
Rochester drivers hit by uninsured motorists usually recover through their own policy rather than the other driver's.
Your no fault coverage still pays first
No fault benefits do not depend on the other driver having insurance. Under Insurance Law 5103, the no-fault insurance policy pays up to $2,000 a month in lost earnings, and certain other expenses, up to $50,000 in basic economic loss. If you were a pedestrian or cyclist, the vehicle that hit you is the usual source, and when that vehicle is uninsured, no fault can come from a policy in your own household. File the no fault application quickly, because Regulation 68 makes it generally due within 30 days of the crash. Missing that window can potentially cost you benefits you already paid premiums for.
Uninsured motorist coverage is already in your policy
You cannot buy a New York auto liability policy without uninsured motorist protection. Insurance Law 3420(f)(1) requires every policy issued in the state to include UM coverage of at least $25,000 per person and $50,000 per accident for bodily injury, and it applies when the other vehicle was uninsured, unregistered, stolen, or covered by an insurer that disclaims. Your injury claim proceeds against your own carrier much like it would have proceeded against the other driver's, and pain and suffering still requires a serious injury under Insurance Law 5102(d). The firm's UM and SUM coverage guide explains how these coverages fit together. Read your policy's notice requirements the same week as the crash, because UM endorsements demand written notice on a much shorter clock than the lawsuit deadline.
SUM coverage helps when the driver is underinsured
Many Rochester crashes involve a driver who carries only the state minimum limits, which can be a fraction of what a serious injury costs. Supplementary uninsured and underinsured motorist coverage, called SUM, is optional coverage that lets you draw on your own policy when the at fault driver's limits are lower than yours. Insurers must tell you every year that SUM is available. Before SUM pays, the at fault driver's policy generally must be exhausted by settlement or judgment, which is one of several sequencing rules that make these claims easy to get wrong without help.
A hit and run is treated as an uninsured crash
When a driver leaves the scene and is never identified, Insurance Law 3420(f) treats the unidentified vehicle like an uninsured one for UM purposes, and for claims involving an unidentified driver the statute requires physical contact between that vehicle and you or your car. Report the crash to the police immediately. MVAIC's eligibility rules require a police report within 24 hours, and a prompt report protects a UM claim as well by documenting that the driver could not be identified. The sooner the crash is on paper, the harder it is for any insurer to question what happened on a Rochester street with no other driver to ask. Every case is unique, but time is of the essence.
MVAIC is the backstop when no policy exists at all
Some injured people have no policy of their own, no policy in their household, and no occupied vehicle policy to claim under. For them, New York created the Motor Vehicle Accident Indemnification Corporation, a nonprofit established under Article 52 of the Insurance Law that pays no fault and bodily injury benefits to qualifying New York residents. The eligibility requirements are strict.
Deadlines and where a Rochester case is filed
If the uninsured driver is identified, you can still sue that driver personally within three years under CPLR 214, and a Rochester lawsuit is usually filed in the Supreme Court in Monroe County. Sometimes that time limitation is even shorter. Collecting a judgment from a driver who could not afford insurance is often unrealistic, which is why the UM, SUM, and MVAIC paths above usually matter more than the lawsuit. Each of those paths carries its own short notice deadline that arrives long before the three year mark. A Rochester car accident lawyer can identify every policy that applies and put each insurer on notice before any clock becomes a problem, and the same rules are covered for Western New York's other large city in the firm's Buffalo uninsured driver guide.
Frequently asked questions
Who pays if the other driver has no insurance in New York?
Your own coverage pays. No fault benefits come from the policy on the car you occupied or a household policy, and your injury claim proceeds under the uninsured motorist coverage that Insurance Law 3420(f)(1) requires in every New York auto policy. If no policy in your household applies at all, MVAIC may provide benefits to qualifying New York residents.
What is SUM coverage on a New York auto policy?
Supplementary uninsured and underinsured motorist coverage. It lets you recover from your own policy when the at fault driver's liability limits are lower than your SUM limits, up to the difference. It is optional coverage under Insurance Law 3420(f)(2), insurers must notify you that it is available, and the at fault driver's policy generally must be exhausted before SUM pays.
What should I do after a hit and run in Rochester?
Call the police right away, since MVAIC eligibility requires a report within 24 hours and a prompt report also supports a UM claim. Get medical care, photograph the scene and your vehicle, and notify your own insurer in writing quickly.
Can I get compensation if I do not own a car and was hit by an uninsured driver?
Usually yes. A policy belonging to a relative in your household can provide no fault and UM coverage even though you own no vehicle. If there is truly no household policy, MVAIC exists for exactly this situation, provided the crash was reported to police within 24 hours and the notice deadlines are met. Every case is unique.
How long do I have to make an uninsured motorist claim in New York?
The lawsuit deadline against an identified driver is generally three years under CPLR 214, but UM claims are governed first by the notice terms of your own policy, which require written notice promptly after the crash. MVAIC requires a notice of intention within 90 days for hit and run crashes and 180 days for identified uninsured drivers. Treat every one of these clocks as urgent.
Were you hit by an uninsured or hit and run driver in Rochester or anywhere in Monroe County? The attorneys at William Mattar, P.C. are available 24/7 with no fee unless your case recovers money. The firm has recovered more than $590 million in car accident cases across 13,600+ cases, including 22 recoveries of $1 million or more. Call (844) 444-4444. Offices and intake locations across New York State.
About William Mattar, P.C.
William Mattar, P.C. is a New York law firm that focuses exclusively on motor vehicle accident cases and has represented injured people for more than 30 years. The firm has recovered more than $590 million in car accident cases across 13,600+ cases, with 2,000 recoveries of $100,000 or more and 22 recoveries of $1 million or more, including $3.25 million (semi-truck) and $3 million (car). The firm’s principal office is in Williamsville, with offices and intake locations throughout New York State, including Rochester. Free case reviews are available 24/7 at (844) 444-4444, and there is no fee unless your case recovers money.
Related reading from William Mattar
- If You’re Injured By Someone With No Car Insurance, or Inadequate Car Insurance, What Should You Do?
- Explaining SUM Insurance Part 1
- What Happens If You're Injured in a Car Accident With an Uninsured Driver in Buffalo?
- What Is No Fault Insurance Coverage In New York?
Each of the above is part of William Mattar’s New York State accident resource library.
Sources
- New York Insurance Law 3420, liability insurance standard provisions including uninsured and supplementary uninsured motorist coverage, nysenate.gov/legislation/laws/ISC/3420
- New York Insurance Law 5103, entitlement to first party no fault benefits, nysenate.gov/legislation/laws/ISC/5103
- New York Insurance Law 5102, definitions including serious injury, nysenate.gov/legislation/laws/ISC/5102
- CPLR 214, three year limitation period for personal injury actions, nysenate.gov/legislation/laws/CVP/214
- Motor Vehicle Accident Indemnification Corporation, eligibility requirements and claim deadlines, mvaic.com
- New York Department of Financial Services, No-Fault Regulation 68, dfs.ny.gov
- William Mattar, P.C., Rochester car accident and UM/SUM coverage resources, williammattar.com, reviewed July 2026
Attorney Advertising. This article provides general information about New York law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated July 2026.