What Happens When the At-Fault Driver Is Uninsured

You’re Hit by an Uninsured Driver in Rochester, Now What?

Imagine you’re driving through downtown Rochester, maybe along East Main or coming off the Inner Loop, when another driver blows through a red light. Your car spins. You hear metal crunch. And when you finally get your bearings, the other driver admits they don’t have insurance.

This situation can feel overwhelming. You’re probably shaken, angry, and extremely stressed out. You start thinking about medical bills, car repairs, time off work, and how any of that gets paid. If you’re in Monroe County and the at-fault driver is uninsured, you still have legal options. New York laws and your own insurance may protect you more than you think.

At Horn Wright, LLP’s car accident attorneys, we help people in Rochester handle difficult accident claims every day. If you’re facing an uninsured driver situation, our attorneys can guide you through your options, protect your rights, and take that stress off your shoulders. We know the system, we know Rochester, and we’re ready to help.

What New York’s No-Fault Insurance Actually Covers

In New York, no-fault insurance is the starting point for most car accidents. That includes crashes where the other driver is clearly at fault. It also applies when that driver has no insurance at all.

No-fault means your own insurance pays for certain costs, no matter who caused the crash. This coverage includes:

• Reasonable medical expenses related to the accident
• A portion of your lost wages (up to a set limit)
• Transportation to and from medical appointments
• Some essential services, like household help if your injuries prevent daily tasks

You can get treatment at any Rochester-area facility, such as Strong Memorial Hospital or Highland Hospital. Your insurer handles the bills, not the at-fault driver’s.

However, no-fault has limits. It doesn’t pay for damage to your vehicle. It won’t cover pain and suffering. And it won’t help if your medical expenses or lost income go beyond certain caps. That’s where other coverage steps in.

New York State’s Department of Financial Services outlines no-fault basics and coverage caps in detail.

When Your Own Insurance Steps In: Uninsured Motorist Coverage

If the driver who hit you doesn’t carry valid insurance, your uninsured motorist (UM) coverage can help fill the gap. In New York, every auto insurance policy includes UM protection by law.

This coverage applies when:

• The other driver has no insurance
• You were not at fault
• The crash caused serious injuries

Picture this: You’re heading down Monroe Avenue when another driver pulls out from a side street without looking. You brake, but it’s too late. The impact totals your car, and you’re left with a fractured arm and weeks off work. The driver has no coverage. Your UM policy can now step in.

Suing the Uninsured Driver: Is It Worth It in Rochester?

New York lets you sue a driver who causes serious injury, even if they have no insurance. But suing someone doesn’t always lead to compensation. That’s especially true when the defendant has no income or assets.

You can file suit in Rochester City Court or, for larger claims, in Monroe County Supreme Court. But if the at-fault driver is judgment-proof, meaning they lack wages to garnish or property to seize, collecting on a verdict can be impossible.

Before you file, ask these key questions:

• Does the other driver own property in Monroe County?
• Do they have a stable job or income?
• Have they faced lawsuits before, and were those judgments collected?

In many cases, even a successful lawsuit won’t lead to real recovery. However, in some scenarios, a lawsuit may push the driver to cooperate or allow partial settlements.

What If You Were a Passenger or Pedestrian in the Crash?

Being hit by an uninsured driver doesn’t just affect other drivers. If you were walking along Park Avenue or waiting to cross Lake Avenue when a vehicle hit you, the stress hits just as hard.

In pedestrian or passenger cases, your options depend on whose policy can apply. If you have your own auto insurance, that no-fault policy typically pays first. If not, the car you were in or even a household family member’s policy may apply.

For Rochester pedestrians or rideshare passengers injured by uninsured drivers, coverage may come from:

• Your personal no-fault insurance
• The vehicle owner’s policy
• A household family member’s insurance
• New York’s Motor Vehicle Accident Indemnification Corporation 

MVAIC acts as a last resort when no policy applies. It offers basic benefits similar to no-fault, but filing is complex and time-sensitive. Victims must prove they had no other options, and documentation must be thorough.

When the Other Driver’s Insurance Lapsed in Monroe County

Sometimes a driver has insurance on paper but let their policy lapse. Maybe they missed payments or failed to renew on time. If their insurance was canceled before the accident, they count as uninsured under New York law.

After a crash in Rochester, you can request the other driver’s insurance info on-site. You might suspect something’s wrong if they avoid giving you details, produce an outdated card, or seem uncertain about their policy.

You can:

• File an MV-104 with the DMV
• Request a police report from the Monroe County Sheriff or Rochester Police Department
• Follow up with the DMV to verify insurance status

If their coverage had expired, your UM policy takes over. But the earlier you gather evidence, the smoother your claim goes.

Steps You Should Take Immediately After the Crash

Every accident feels chaotic, especially when the other driver admits they have no insurance. But what you do in those first few hours can make a huge difference.

Here’s a checklist for Rochester drivers:

• Call 911 and wait for officers from RPD or the Monroe County Sheriff’s Office
• Get a formal accident report
• Take photos of both vehicles, license plates, and street signs
• Talk to witnesses and get their contact info
• Ask the other driver directly for insurance proof
• Go to a medical provider like Unity Hospital, even if you feel okay
• Notify your insurance carrier immediately
• Ask for a UM claim packet and review your policy limits

UM claims often require detailed forms and deadlines. Don’t wait too long. If you can, write down everything you remember while it’s fresh.

How an Attorney Can Help You Recover Damages

Insurance companies don’t always play fair, especially when an uninsured driver is involved. They may question your injuries, delay your claim, or offer less than you deserve.

That’s where legal help comes in. A Rochester attorney familiar with New York’s no-fault and UM laws can:

• Review your insurance policy and explain what’s covered
• Handle communication with adjusters
• Fight for full compensation through UM claims
• Build a case if a lawsuit becomes necessary

They also know how to document injuries, gather medical records, and estimate long-term costs. In Monroe County, where uninsured drivers remain a real issue, having a strong legal advocate can make all the difference.

Final Takeaway: Protect Yourself Before and After a Crash

Uninsured drivers put responsible people at risk every day on Rochester roads. While you can’t control what others do, you can prepare. Check your own insurance policy. Review your UM limits. Know who to call and what to do if the worst happens.

And if you ever find yourself in that position, confused, shaken, and unsure after a crash, Horn Wright, LLP, is here to help. Our Rochester-based team understands how to fight for compensation, hold others accountable, and let you focus on recovery. We’re here when you need us most.