You’re walking to the train or crossing a street in a marked crosswalk when a car hits you. Or you’re riding as a passenger in a friend’s car when another driver causes a collision. After the police arrive, you learn the driver who caused the crash has no insurance. If you don’t have car insurance of your own, the next question is immediate and practical: Who pays my medical bills—and do I still have legal rights?
In New Jersey and New York, not having your own auto policy does not automatically eliminate your ability to recover. Uninsured-driver cases are coverage-driven, and the right approach depends on where the crash happened, your role (pedestrian, passenger, cyclist), and what policies may apply.
What Happens If the At-Fault Driver Has No Insurance?
An “uninsured” driver generally means there is no liability policy available to pay for injuries caused by that driver. That can happen because the driver never had coverage, the policy lapsed, or coverage is denied for a policy reason.
This is different from “underinsured,” where the at-fault driver has insurance, but the limits are too low to cover the injuries. The practical issue becomes: what coverage can actually pay your losses?
Can You Still Recover Compensation If You Don’t Own a Car?
Yes. You can still recover compensation even if you don’t own a vehicle and do not have your own auto insurance. The difference is that you may need to make claims through coverage connected to (1) a household member, (2) the vehicle you were in, or (3) a state-created fund in limited situations.
Where Does Insurance Coverage Come From?
New York
New York’s no-fault system can pay for medical treatment and certain wage-related losses regardless of fault. Pedestrians and passengers are often eligible, and the claim is typically made through an auto policy connected to the vehicle involved in the crash.
For compensation beyond no-fault, uninsured motorist (UM) coverage can become the key issue. Even if you do not have your own auto policy, UM coverage may still apply through a household relative’s auto policy if you qualify as a covered household member. Passengers may also have UM rights through the vehicle they were occupying.
If there is no available household or vehicle policy, New York also has a state-created indemnification process for certain uninsured or hit-and-run crashes. These claims can have strict notice requirements and eligibility rules, so early legal review is important.
New Jersey
New Jersey uses PIP (no-fault) coverage to handle medical expenses in many auto injury cases, and the “person-first” priority rules often start with your own auto policy or a resident relative’s household policy.
If you don’t have your own auto insurance, the next step is often reviewing whether you are covered under a household member’s policy. If not, coverage may depend on whether you were a passenger in an insured vehicle or a pedestrian struck by an insured vehicle.
If there is no applicable household or vehicle coverage in a pedestrian/uninsured scenario, New Jersey provides a path for certain statutory benefits through a state fund process. These claims can be paperwork-heavy and deadline-sensitive, so getting guidance early can help avoid denial or delay.
When appropriate, health insurance may apply for some medical expenses, but coordination rules can affect what must be billed first.
Can You Recover Pain and Suffering Damages?
In New York, pain-and-suffering damages from a motor vehicle crash generally require meeting the “serious injury” threshold. Medical documentation is crucial, and the outcome often depends on objective findings and consistent treatment.
In New Jersey, pain-and-suffering rights often depend on whether the “limitation on lawsuit” (verbal threshold) applies to you through an applicable policy. When that limitation applies, you generally must prove a qualifying category such as a displaced fracture, significant scarring/disfigurement, loss of a fetus, or a permanent injury supported by objective medical evidence. If the limitation does not apply, you may be able to pursue pain and suffering without that statutory threshold—but the claim still depends on proof and case facts.
What If You Were a Pedestrian, Cyclist, or Passenger?
Your role affects where coverage may come from, but auto ownership and personal auto insurance are not required to have a claim. Pedestrians and cyclists can have claims even without a vehicle, and passengers may have rights through the vehicle they were occupying. Many people without their own insurance are still covered through a household member’s policy, depending on residency and policy definitions.
What You Should Do Immediately After the Accident
Get medical care promptly and make sure your symptoms and treatment are documented. Call the police so there is an official report. Gather identifying information for the at-fault driver and any vehicles involved. If you were a passenger, collect the driver and insurance information for the car you were in. Keep photos, discharge paperwork, and work notes. Avoid recorded statements or signing releases until you understand what coverage may apply and what rights you may be giving up. Early legal advice matters because uninsured-driver cases often turn on coverage identification and strict notice requirements.
Time Limits to File a Claim
In New York, most negligence-based personal injury lawsuits must be filed within three years, but claims involving public entities can have much shorter notice and filing deadlines. In New Jersey, the general personal injury statute of limitations is two years. Separate insurance notice deadlines can also apply, and missing a deadline can significantly reduce or eliminate a valid claim.
Why Uninsured-Driver Cases Require Legal Guidance
Uninsured-driver cases often involve multiple policies, priority disputes, and questions about household coverage. Coverage denials and delays are common when insurers disagree about who is primary. Early legal guidance helps identify the correct coverage path, preserve evidence, and avoid missteps that can lead to denial.
Talk to Song Law Firm
If you were injured by an uninsured driver and do not own a vehicle, you may still have strong legal options. You do not have to navigate complex insurance rules alone.
If you were injured in New Jersey or New York, contact Song Law Firm to discuss your situation.
Call 201-461-0031 or email pi@songlawfirm.com to inquire and receive a free consultation.
Song Law Firm is here to help protect your rights every step of the way.
Disclaimer: This column provides general information and is not legal advice. Legal rights, coverage, and deadlines depend on the facts and policy language. Consult an attorney for guidance about your situation.
