Disclaimer: I am not an attorney, and this information does not constitute legal advice. The information provided herein is intended solely as a general overview and description of different types of motor vehicle accident (MVA) claims. Laws and insurance requirements may vary depending on your jurisdiction and the specific facts of your case.
If you have specific questions regarding a New York City motor vehicle accident or wish to understand your legal rights and options, you should contact a licensed attorney experienced in personal injury and automobile accident law.
Understanding MVA Claim Types and How to Initiate Them
Motor Vehicle Accident (MVA) claims are divided into several categories depending on the coverage available, the party at fault, and the type of loss sustained. When you are injured in a car accident in New York, the path to compensation can involve multiple overlapping coverages, including No-Fault/PIP, Uninsured Motorist (UM), Underinsured Motorist (SUM/UIM), Bodily Injury (BI) claims, and special cases such as hit-and-run accidents.
I. Host Vehicle (Vehicle You Are In)
These are claims made under the insurance policy of the vehicle you were occupying during the crash, regardless of fault.
1. No-Fault / PIP (Personal Injury Protection)
No-Fault or PIP coverage provides medical expense and lost wage reimbursement to occupants of a vehicle injured in an accident, regardless of who caused it. It is mandatory in most no-fault states such as New York, New Jersey, and Florida.
Minimum Limits: $50,000 per person in New York.
Steps to Initiate: File NF-2 form within 30 days, submit medical bills, wage verification, and police report.
2. Uninsured Motorist (UM) Claim
A UM claim applies when the at-fault driver has no valid insurance or flees the scene and is not identified. It allows recovery for bodily injuries and pain and suffering from your own vehicle’s or household policy.
Minimum Limits: $25,000 per person / $50,000 per accident in New York.
Steps to Initiate: Obtain police report, confirm uninsured status, notify your insurer, and file within 6 years.
3. Underinsured Motorist (SUM / UIM) Claim
A SUM/UIM claim applies when the at-fault driver has insurance, but the policy limits are too low to fully compensate you and your policy limits or the host policy limits are much higher. You can pursue your own policy for the difference between your damages and the at-fault driver’s coverage.
Offset Rule Example: If the at-fault driver has $25,000 BI and you have $100,000 SUM, you can recover $75,000.
Steps: Exhaust the BI limits, get consent to settle, and file a SUM claim with your insurer.
Note: It is imperative that you demand the policy declaration page and the affidavit of no excess if the case is settled for full policy or the policy is tendered. It will be required to open an SUM claim.
4. Property Damage (Host Vehicle with Collision Coverage)
If the host vehicle sustains damage, property damage can be recovered under collision coverage or from the at-fault driver’s insurance.
Steps: File with your host vehicle’s insurer, pay deductible, provide photos and repair estimates.
5. Possible Household Policy
If the host policy lacks UM/SUM coverage, your household policy may apply if you reside with a relative who has a valid auto policy.
Steps: Verify residency, notify the insurer, and provide proof that host coverage was exhausted.
II. Defendant Vehicle (Other Driver’s Policy)
1. Bodily Injury (BI) Claim
A BI claim compensates for pain and suffering, lost quality of life, and related damages caused by the at-fault driver’s negligence.
Minimum Limits: $25,000 per person / $50,000 per accident in New York.
Steps: Identify at-fault driver and insurer, send notice, and submit medical documentation.
2. Property Damage Claim
Covers repairs or replacement of your vehicle damaged by the at-fault driver’s negligence. The minimum limit in New York is $10,000 per accident.
Steps: File claim with at-fault insurer, provide police report, and repair estimates.
3. Excess Policy / Umbrella Policy (Same thing)
In some cases, especially in commercial policies, an umbrella or excess policy may be available. An umbrella policy provides additional liability on top of the main bodily injury coverage beyond standard policy limits, often applicable in serious injury cases.
Steps: Confirm existence of umbrella coverage and pursue after BI limits are exhausted.
III. Hit & Run Accidents
1. MVAIC Claim (Motor Vehicle Accident Indemnification Corporation)
MVAIC protects uninsured victims of hit-and-run or uninsured driver accidents in New York when no other coverage exists.
Limits: $25,000 per person / $50,000 per accident. / $50,000 for death claims.
Steps: File police report within 24 hours, MVAIC application within 90 days, and attend hearings.
2. Household Policy (in Hit & Run)
If you live with a family member who has a valid auto policy, that policy’s UM coverage may apply before MVAIC coverage.
Steps: Notify the household insurer, submit documentation, and file a UM claim.
Motor vehicle accident claims are complex and often overlap. Always file your No-Fault claim first, then explore UM, SUM, and BI options as applicable. In hit-and-run cases, rely on household or MVAIC coverage as a last resort. Understanding coverage limits, deadlines, and offsets ensures you recover all available compensation.