The Person Who Caused My Car Accident in Brooklyn Is Too Poor to Pay: What Now?

There are few things more frustrating than discovering the person who caused your Brooklyn car accident doesn’t have enough money to cover your damages. In this situation, it makes sense to consult with Cohan Law, PLLC for further guidance. Our firm has helped injured New Yorkers pursue compensation after crashes caused by uninsured or underinsured drivers, including through SUM claims, MVAIC applications, no-fault benefits, and the identification of additional third-party defendants.

Why Crashes Caused by Low-Income Motorists Can Be Problematic

According to 2023 data from the Insurance Information Institute (III), about one in seven New York drivers is uninsured. This means that you have a one-in-seven chance of getting into an accident with a driver who has no insurance. Many drivers who lack insurance simply cannot afford it. New York has some of the most expensive auto insurance in the country, and the Chamber of Progress states that many people have been “priced out of mobility.” That problem can feel especially real in Brooklyn, where drivers face expensive insurance costs and heavy traffic on corridors such as the Brooklyn-Queens Expressway, Atlantic Avenue, Flatbush Avenue, Ocean Parkway, and Linden Boulevard. Our Brooklyn car accident attorney helps victims navigate these types of claims.

The fact that many drivers cannot afford insurance only makes car accidents worse. Victims injured by these uninsured motorists cannot even pursue personal assets to cover their costs. If a driver cannot afford insurance, they probably don’t own a home or any other assets that would otherwise help cover damages. A judgment against a driver with no insurance and no collectible assets may have little practical value. For that reason, the key question is often not simply “Can I sue?” The more important question is: “What insurance, statutory benefits, or additional defendants can actually pay the claim?”

You Should Start With New York No-Fault Benefits

New York is a no-fault state. Under New York Insurance Law § 5103, an injured person may be entitled to first-party no-fault benefits after a motor vehicle accident regardless of who caused the crash. These benefits can provide payment for basic economic losses, including medical expenses and a portion of lost earnings, subject to the limits and rules under the policy and New York law.

No-fault benefits are important, but they do not solve every case. They generally do not pay for pain and suffering. They may also fall short when a Brooklyn crash causes serious injuries, long-term medical treatment, surgery, or extended time away from work. When no-fault coverage is not enough, an attorney must look for other recovery paths.

Do You Have Supplementary Uninsured Motorist Coverage?

If you were injured by a low-income driver who lacks insurance, you should check to see whether you have Supplementary Uninsured Motorist Coverage. Not everyone has this type of coverage, as it is not mandatory. However, some people choose to go “above and beyond,” adding this coverage to their policy. If you have Supplementary Uninsured Motorist Coverage, your own insurance provider may cover more of your damages in this situation. You might also check to see whether you have additional no-fault benefits under your policy.

In New York, SUM coverage can apply when the at-fault driver has no insurance or does not have enough insurance to cover the full value of your injuries. SUM coverage is usually tied to the limits selected in your own policy. That means your lawyer should review the declarations page, endorsements, household vehicle policies, and any coverage available through a resident relative. A missed SUM issue can leave real money off the table.

You May Have a Claim Through MVAIC

New York also has a safety net for certain people injured by uninsured drivers. The Motor Vehicle Accident Indemnification Corporation, commonly called MVAIC, was created under Article 52 of the New York Insurance Law. MVAIC can provide no-fault and bodily injury coverage to eligible claimants when no other insurance coverage is available.

MVAIC may matter after a Brooklyn crash involving an uninsured driver, a hit-and-run driver, or a vehicle that cannot be identified. However, MVAIC has eligibility rules, deadlines, and documentation requirements. An injured victim should not assume they qualify automatically. Cohan Law can review whether an MVAIC claim is available, help prepare the required application materials, and protect filing deadlines.

Did Anyone Else Contribute to Your Crash?

You might also want to consider whether anyone else contributed to your accident, even slightly. If this is the case, you can name them as a defendant in your lawsuit, even if they were not the “main cause” of the crash. This may allow you to recover more compensation.

For example, another driver might have swerved into your lane seconds before the crash. This could have thrown you off guard, leading to the actual collision. In Brooklyn, multi-vehicle crashes on the BQE, Atlantic Avenue, Ocean Parkway, or busy intersections near Downtown Brooklyn may involve more than one negligent party. A second driver, commercial vehicle owner, rideshare company, delivery company, municipal defendant, or negligent vehicle owner may have contributed to the crash.

Key Takeaways

• If someone lacks the funds to cover your damages, you can turn to insurance
• This situation becomes even more challenging if the negligent driver lacks insurance coverage
• No-fault insurance in New York guarantees at least some level of compensation
• New York drivers must carry minimum bodily injury liability coverage, but the minimum limits may not come close to covering a serious injury claim
• SUM coverage and MVAIC may provide recovery options when the at-fault driver has no insurance, too little insurance, or no collectible assets
• A Brooklyn car accident lawyer can investigate whether another driver, vehicle owner, employer, or commercial defendant also contributed to the crash

Can a Brooklyn Car Accident Lawyer Help Me?

If you were struck by a low-income individual who has no assets or insurance coverage, the road to recovery may seem bleak. However, you should never give up hope. An experienced New York car accident lawyer can help you review your legal options.

Injured by a driver with no insurance or assets? Contact Cohan Law, PLLC to go over your options during a free-of-charge, no-obligation consultation. We can review every available source of compensation, including no-fault benefits, SUM coverage, MVAIC eligibility, bodily injury liability coverage, and claims against additional defendants. We can also pursue compensation for medical bills, lost wages, reduced earning power, future care, pain and suffering, and other damages available under New York law.

Sources:

 iii.org/fact-statistic/facts-statistics-uninsured-motorists

progresschamber.org/research/priced-out-mobility/

dfs.ny.gov/system/files/documents/2025/03/Automobile-Insurance_2024.pdf

nysenate.gov/legislation/laws/ISC/A52