What Happens When You Are Involved in an Accident With an Uninsured or Unidentifiable Driver?

by | Jul 29, 2023 | Personal Injury

Photo by engin akyurt on Unsplash

Motor vehicle accidents can be devastating, leading to injuries, property damage, and financial hardships. In New York City, the Motor Vehicle Accident Indemnification Corporation (MVAIC) plays a crucial role in providing compensation to those who lack any insurance coverage and have been injured in accidents involving uninsured or hit-and-run drivers. This article aims to shed light on the MVAIC rules in New York State, outlining the process and eligibility criteria for individuals seeking justice and compensation.

What is MVAIC?

The Motor Vehicle Accident Indemnification Corporation (MVAIC) is a New York State agency established to compensate victims of motor vehicle accidents caused by uninsured motorists or hit-and-run drivers. The New York State Legislature created MVAIC in 1958 through the enactment of Article 17-A, now Article 52, of the New York Insurance Law. MVAIC acts as a safety net for individuals injured in accidents when the responsible driver lacks insurance coverage or is unidentifiable.

When Will MVIAC Cover Your Motor Vehicle Accident?

MVAIC will provide coverage for any losses incurred resulting from injuries to an individual who has been involved in an accident through no fault of their own, if the accident was caused by

  1. An uninsured motor vehicle registered in a state other than New York
  2. An unidentified motor vehicle which fled the scene of the accident,
  3. An uninsured motor vehicle registered in the State of New York
  4. A stolen motor vehicle
  5. An unregistered motor vehicle
  6. An insured motor vehicle where the insurer disclaims liability or denies coverage
  7. A motor vehicle operated without the permission of the owner

How to Know if You are Eligible to Receive MVAIC Benefits

In addition to the circumstances listed above, there are additional requirements that must be met to qualify for MVAIC benefits. For instance:

  1. The motor vehicle accident must have occurred in New Yok State
  2. The individual seeking to get compensation must have been a resident of New York State at the time of the accident.
  3. The individual seeking compensation must NOT have been the owner of the uninsured vehicle involved in the accident OR the spouse of the owner of the uninsured vehicle involved in the accident.
  4. The individual seeking compensation must NOT have any other automobile insurance available to them, AND they must also not be eligible for coverage under any insurance policy held by a relative residing in the same household.

Moreover, there are specific time frame requirements that must be met, and failing to do so may affect an individual’s ability to receive compensation.

  1. The accident must be reported to the Police within 24 hours from the time it occurred
  2. A Notice of Intention (NOI) must be submitted to MVAIC within 90 days of the accident if the accident was with a hit & run or unidentified motor vehicle.
  3. A Notice of Intention (NOI) must be submitted to MVAIC within 180 days of the accident if the accident was with an identified motor vehicle.

How to file a Claim with MVAIC

If you were involved in a motor vehicle accident with an uninsured or unidentified driver, follow these steps to file a claim with MVAIC:

  1. Collect all relevant information about the accident, including photographs, witness statements, police reports, and medical records.
  2. Contact MVAIC promptly to notify them about the accident. You can visit their website or call their toll-free number to initiate the claims process.
  3. MVAIC will provide an application form that needs to be completed accurately. Include all necessary details and documentation to support your claim. These requirement documents ae available on their website www.mvaic.com
  4. Send the completed application and supporting documents to MVAIC within the prescribed timeframe. Failure to adhere to the deadlines may result in the denial of your claim

Evaluation and Compensation

Once MVAIC receives your claim, they will assess the information provided, investigate the accident, and review the supporting evidence. It is essential to cooperate fully with MVAIC and provide any additional information they may request during the evaluation process.

If your claim is approved, MVAIC will provide compensation for medical expenses, lost wages, property damage, and other relevant costs.

Legal Assistance and Time Limitations

Navigating the MVAIC process can be complex, and it is advisable to seek legal assistance to ensure you understand your rights and receive fair compensation. An experienced Personal Injury Attorney can guide you through the claims process, negotiate with MVAIC on your behalf, and help you build a strong case. The attorneys at Shalom Law can do just that. We are prepared to fight hard for you to ensure your rights are protected and you receive the maximum compensation you deserve.

Call us today for a free consultation: (718) 971-9474.

Get Started