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A sedan pulled to the shoulder of a Long Island parkway at dusk with police lights blurred in the background, representing New York's ghost-car and fake-license-plate enforcement crackdown and uninsured-driver accident claims
Personal Injury

Hit by an Uninsured Driver With a Fake Plate? Long Island's Ghost-Car Crackdown and Your Case

By Jason Tenenbaum 18 min read

Why Trust This Analysis

This article is part of our ongoing personal injury coverage, with 180 published articles analyzing personal injury issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.

This article was published May 3, 2026. Corrected September 22, 2026: The earlier text said medical bills were due to the no-fault insurer within 30 days and that MVAIC's deadline was 90 days for adults; the prescribed endorsement, 11 NYCRR 65-1.1, requires written notice of the accident within 30 days, proof of claim for medical bills within 45 days after the service and proof of work loss within 90 days. Under Insurance Law § 5208(a) the MVAIC affidavit is due within 90 days for an unidentified driver reported to the police within 24 hours and within 180 days for an identified uninsured driver. The text below states the rule as verified.

Last reviewed: September 22, 2026. Operation Plate Check ran May 2 to May 9, 2026.

From May 2 to May 9, 2026, the New York State Police and partner agencies ran Operation Plate Check, a statewide enforcement push aimed at what New Yorkers and the press call “ghost cars”: vehicles operating with fake plates, fraudulent or altered temporary tags, covered or obstructed plates, and other plate violations that make a vehicle untraceable.

The enforcement story is one thing. If you are someone who was just hit on the Long Island Expressway, the Northern State, or a town road in Nassau or Suffolk County by a driver whose plate turns out to be fraudulent, the legal story is something else. A fake-plate crash turns what would have been a routine bodily injury claim into an identification, insurance and coverage problem. This post is the practitioner-level read I would give a new client whose case starts with the words “the police couldn’t find the other driver.”

A fake plate does not automatically mean the driver is uninsured. It is a warning that the driver’s identity and insurance status will be contested, and that the path to recovery will run through your own policy’s first-party benefits and uninsured motorist coverage, or through MVAIC, and through an evidence record that cools within hours of the crash.

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Key Takeaway

If you were hit by an uninsured driver, a ghost car, or a fake-plate driver on Long Island, the case becomes a race to lock down identity, preserve the physical evidence, and route your claim through the right combination of the other driver’s liability coverage, your own first-party (no-fault) benefits, your uninsured motorist (UM) and supplementary uninsured/underinsured motorist (SUM) coverage, and, in some cases, MVAIC. Each has its own deadline and its own proof requirements, and our guide to UM, SUM and MVAIC claims lays them out side by side. Talk to a Long Island uninsured-driver accident lawyer before you give a recorded statement to any insurer.

What New York’s Ghost-Car Crackdown Is Targeting

Operation Plate Check was a multi-agency push aimed at vehicles that operate on New York roads with deliberately compromised identification. The rules it enforces are in Vehicle and Traffic Law § 402.

  • Plates must be “conspicuously displayed,” one on the front and one on the rear, and “kept clean and in a condition so as to be easily readable” (Vehicle and Traffic Law § 402(1)(a) and (1)(b)(i)).
  • A plate may not be “knowingly covered or coated with any material or substance that conceals or obscures” it or “that distorts a recorded or photographic image” of it (§ 402(1)(b)(ii)). Plate sprays and the practice of folding the plate to defeat plate-reader cameras fall under this paragraph.
  • A plate may not be covered by glass or plastic, or by “a material appearing to be a number plate for display as proof of lawful registration but which has not been lawfully issued” by the Commissioner of Motor Vehicles or another jurisdiction’s equivalent (§ 402(1)(b)(ii-a)). That is the fake temporary tag.
  • Operating a vehicle with plates “not proper for such vehicle” is an offense, and on conviction the plates are surrendered to the court (§ 402(4)). Knowingly letting your own plate be displayed on another vehicle is a separate offense (§ 402(5)).
  • The fine is $25 to $200 for most violations of the section, and $100 to $500 for the cover, obscure and fake-plate-material violations (§ 402(8)).

Enforcement totals for the May 2026 window were reported in the press; none was verified for this article, and the figures that appeared here earlier were removed.

Why Fake Plates Matter After a Crash

The legal significance of a fake-plate driver is not the criminal exposure the driver faces. It is the practical effect on your civil claim.

A standard New York car accident claim runs as follows: police identify the other driver at the scene; the other driver hands over an insurance card; the insurer of the car you were in pays your first-party benefits under your no-fault coverage; your bodily injury claim is then asserted against the at-fault driver and paid by that driver’s liability insurer; and the case settles or proceeds to litigation against an identified, insured defendant.

When the at-fault driver has a fake plate, every step of that chain bends or breaks.

  • Identification. The plate the responding officer wrote down may not correspond to the vehicle. Without a verified VIN, registered owner and insured driver, the liability carrier cannot be identified.
  • Coverage verification. Even if the driver hands over an insurance card, that card may be counterfeit, expired, or issued for a different vehicle. The actual coverage may be zero.
  • Evidence preservation. A fake-plate driver who realizes the situation is escalating may leave within minutes. Surveillance footage from nearby gas stations, storefronts, dashcams and plate-reader cameras can be retrieved if a request is made quickly; many of those systems overwrite within days.
  • Police investigation. A driver who leaves the scene of a personal injury accident without stopping and giving the required information commits an offense under Vehicle and Traffic Law § 600(2). For your own claim, the prescribed SUM endorsement, 11 NYCRR 60-2.3, which carries the mandatory uninsured motorist coverage, conditions a claim against an unidentified vehicle on a report of the accident “within 24 hours or as soon as reasonably possible to a police, peace or judicial officer or to the Commissioner of Motor Vehicles.”

The longer the evidence record is left to cool, the harder every subsequent step gets.

What To Do If You Were Hit by an Uninsured Driver on Long Island

Before the coverage scenarios below, here is the first-72-hours checklist for anyone who has just been hit by an uninsured driver, fake-plate or otherwise, on Long Island.

  1. Call 911 from the scene and get a police report. The endorsement, 11 NYCRR 60-2.3, requires a report within 24 hours or as soon as reasonably possible for a claim against an unidentified vehicle, and Insurance Law § 5208(a)(2) requires a report within twenty-four hours for an MVAIC claim against an unidentified driver.
  2. Photograph the other vehicle, the plate, the VIN if visible, and the driver. If the plate is fake, the photographs are often the only durable record of what the vehicle looked like.
  3. Get every witness’s name and telephone number. Independent witnesses decide contested-coverage cases.
  4. Get medical attention the same day. A gap between the crash and the first visit will be used against you.
  5. Give your own insurer written notice of the accident. 11 NYCRR 65-1.1 requires written notice within 30 days for first-party benefits, and the SUM endorsement requires written notice of claim “as soon as practicable” (11 NYCRR 60-2.3). Your policy requires cooperation with the insurer’s reasonable requests; speak with counsel before any recorded statement so that counsel can be present.
  6. Do not talk to anyone who says they represent the other driver’s carrier. You have no duty to give that insurer a statement. Refer the call to your lawyer.
  7. Call an uninsured-driver accident lawyer before you sign anything. A release signed in the first weeks ends the claim it covers.

Now to the coverage analysis itself.

How Uninsured and Underinsured Drivers Can Affect Your Case

A fake plate does not automatically mean the driver is uninsured. Some drivers commit plate fraud to evade unrelated enforcement or registration costs while still carrying coverage. A fake plate is, however, a strong sign that coverage and identity will be contested. A fake-plate crash usually resolves into one of five scenarios.

Scenario 1: Driver identified, fully insured

The investigation locates the driver, verifies that insurance was in force, and the case proceeds as a routine New York car accident claim. The fake plate is a charge against the driver; it does not change your civil recovery path. You collect first-party benefits from the insurer of the car you were in and pursue a bodily injury claim against the driver, paid by the driver’s liability insurer. Pain and suffering in that claim requires a serious injury under Insurance Law § 5102(d) and § 5104(a); for an action commenced on or after May 26, 2026 the 90/180-day category no longer exists, and an action commenced before that date is judged under the earlier definition.

Scenario 2: Driver identified, uninsured

The investigation locates the driver, but no valid insurance was in force. Your recovery path now runs through your own uninsured motorist (UM) coverage. Every New York auto liability policy must include it under Insurance Law § 3420(f)(1), at minimum limits of $25,000 per person and $50,000 per accident for bodily injury. Many drivers carry higher limits through a SUM endorsement.

A UM dispute does not go to court by default. Under the prescribed endorsement, 11 NYCRR 60-2.3, Condition 11, if you and the insurer do not agree that you are legally entitled to recover from the uninsured driver, or do not agree on the amount, the dispute “shall be settled by arbitration” at your option and on your written demand; where the SUM limit equals the statutory minimum, either side may demand arbitration. See the guide to Long Island uninsured and underinsured motorist coverage claims for the full process.

Scenario 3: Driver identified, has minimum-limit insurance, but you are seriously injured

The driver has the New York minimum 25/50 liability policy. Your losses exceed those limits. Recovery from the at-fault driver’s policy is capped at the policy limits. The gap is recoverable from your own supplementary uninsured/underinsured motorist (SUM) endorsement under Insurance Law § 3420(f)(2), which applies “if the limits of liability under all bodily injury liability bonds and insurance policies of another motor vehicle liable for damages are in a lesser amount than the bodily injury liability insurance limits of coverage provided by such policy” (§ 3420(f)(2)(A)). If your own limits are also 25/50, there is no gap for SUM to fill.

Here is the practical point on SUM. Under 11 NYCRR 60-2.3, Condition 9, if you settle with the at-fault driver for the available limit of that driver’s bodily injury liability coverage, “a release may be executed with such party after thirty calendar days from our receipt of your written notice to us, unless within this time period we agree to advance such settlement amounts to the insured in return for the cooperation of the insured in our lawsuit on behalf of the insured.” A release signed without that notice period puts the SUM claim at risk. Get counsel involved before you sign any release.

Scenario 4: Driver and vehicle never identified (true ghost car)

The driver leaves, the plate was fake, no camera picks the vehicle up, and the police close the file unsolved. This is a hit-and-run for coverage purposes. UM coverage from your own policy may apply, subject to two rules from the statute and the endorsement.

First, physical contact. Insurance Law § 3420(f)(3) provides that the UM protection “shall not apply to any cause of action by an insured person arising out of a motor vehicle accident occurring in this state against a person whose identity is unascertainable, unless the bodily injury to the insured person arose out of physical contact of the motor vehicle causing the injury with the insured person or with a motor vehicle which the insured person was occupying.” A phantom vehicle that made you swerve without touching you is outside that language. Insurance Law § 5217 applies the same physical-contact rule to MVAIC.

Second, the report. The endorsement, 11 NYCRR 60-2.3, requires that the accident be reported “within 24 hours or as soon as reasonably possible” to a police, peace or judicial officer or to the Commissioner of Motor Vehicles, and that you give the insurer written notice of claim as soon as practicable.

Scenario 5: You have no available household auto policy

You were a pedestrian, cyclist or passenger with no auto policy in your household, and the at-fault driver is uninsured or unidentified. Your fallback is MVAIC, the Motor Vehicle Accident Indemnification Corporation, created under Insurance Law Article 52 for a “qualified person” as defined in Insurance Law § 5202(b), which excludes an insured and the owner of an uninsured vehicle.

The deadlines are conditions precedent. Under Insurance Law § 5208(a)(2), a claim against a driver “whose identity is unascertainable” requires that the accident was reported within twenty-four hours to a police, peace or judicial officer or to the commissioner, and that an affidavit be filed with MVAIC within ninety days of the accrual of the cause of action. Under § 5208(a)(1), a claim against an identified uninsured driver requires the affidavit within one hundred eighty days. Under § 5208(a)(3), where the driver’s insurer has disclaimed or denied coverage, the affidavit is due within one hundred eighty days of receiving notice of the disclaimer. Section 5208(b) and (c) allow a late affidavit only on the showings they list, on an application made within one year from the beginning of the filing period. A judgment paid by MVAIC may not exceed $25,000 for injury to one person and $50,000 for injury to more than one person in one accident, or $50,000 and $100,000 in death cases (Insurance Law § 5210(a)), and § 5210(a) allows no recovery for non-economic loss without a serious injury. MVAIC is a real path for the right claimant; it is not a substitute for carrying UM/SUM coverage on your own policy.

Which Coverage Applies After a Fake-Plate Crash?

1

Driver identified, has valid coverage

Recovery path

Bodily injury claim against the driver, paid by the driver's liability insurer; serious injury required for pain and suffering (Insurance Law § 5104(a))

Deadline

Three years from the accident (CPLR 214(5))

2

Driver identified, uninsured

Recovery path

Your UM coverage (Insurance Law § 3420(f)(1)); arbitration on your written demand (11 NYCRR 60-2.3, Condition 11)

Deadline

Written notice of claim to your insurer as soon as practicable (11 NYCRR 60-2.3)

3

Driver identified, underinsured

Recovery path

Liability coverage up to its limits, then your SUM endorsement (Insurance Law § 3420(f)(2))

Critical deadline

Thirty calendar days' written notice to your SUM insurer before releasing the at-fault driver for the policy limit (11 NYCRR 60-2.3, Condition 9)

4

Driver fled, plate fake, physical contact

Recovery path

Your UM coverage for an unidentified vehicle (Insurance Law § 3420(f)(1) and (f)(3))

Critical deadline

Report to the police or the DMV within 24 hours or as soon as reasonably possible; written notice of claim as soon as practicable (11 NYCRR 60-2.3)

5

Driver fled, no contact (true phantom vehicle)

Recovery path

Outside UM coverage under Insurance Law § 3420(f)(3) and outside MVAIC under § 5217; a liability claim only if the driver is later identified

Deadline

Three years from the accident for the liability claim (CPLR 214(5)); first-party benefits still apply

6

No household auto policy available

Recovery path

MVAIC, Insurance Law Article 52, for a qualified person (§ 5202(b))

Critical deadline

Affidavit within 90 days for an unidentified driver (reported within 24 hours) or 180 days for an identified uninsured driver (Insurance Law § 5208(a))

7

Medical bills and lost wages, regardless of fault, in parallel with all of the above

Recovery path

First-party (no-fault) benefits from the insurer of the car you were in, or your own policy as a pedestrian: up to $50,000 basic economic loss per person (Insurance Law § 5102(a))

Critical deadlines

Written notice of the accident within 30 days; each medical bill within 45 days after the service; proof of lost wages within 90 days (11 NYCRR 65-1.1)

First-party benefits run in parallel with whichever liability path applies. Even in a true ghost-car case where the driver is never identified, the no-fault insurer pays basic economic loss up to $50,000 per person: medical expenses, lost earnings up to $2,000 per month for up to three years, and other reasonable expenses up to $25 per day for a year, less the deductions in Insurance Law § 5102(b), including 20 percent of lost earnings. The deadlines are in the prescribed endorsement, 11 NYCRR 65-1.1: written notice of the accident within 30 days, written proof of claim for each health service within 45 days after the service, and proof of work loss within 90 days after it is incurred, each excusable only by “written proof providing clear and reasonable justification” for the delay. See the breakdown of the no-fault 30-day notice deadline for the procedure.

Evidence to Preserve Before the Trail Goes Cold

In a fake-plate case, the evidence collected in the first days determines whether the driver can be identified, and therefore whether the case stays a UM claim or becomes a bodily injury case against an identified defendant. The priorities, in order:

  1. Photograph everything before the vehicles move: their positions, the damage patterns, the road surface, signage and traffic-control devices. Photograph the offending vehicle if it is still there, including the plate, the make and model, decals, unique damage, the windshield (parking permits, inspection stickers, dealer frames), and the driver’s face if it is safe to do so.
  2. Get every available witness’s name and telephone number. In a UM arbitration where the carrier contests the basic facts of the crash, an independent witness carries more weight than your own account.
  3. Note nearby surveillance: gas stations, restaurants, storefronts, residential doorbell cameras and municipal traffic cameras. Many systems overwrite within days. A written preservation request from your attorney is often the difference between getting the footage and being told it is gone.
  4. Toll-tag and plate-reader data. The MTA, the Thruway Authority and municipal enforcement programs retain plate-reader data. Counsel can subpoena those records once a case is filed; a preservation letter sent in the first week improves the chance the data still exists.
  5. Dashcam footage from your vehicle and from any rideshare or delivery vehicle present. Most dashcams overwrite on a loop. Pull the card or copy the file as soon as it is safe to do so.
  6. The police accident report. Inconsistencies between the report and the actual plate or VIN are themselves evidence that the plate was fraudulent, and Insurance Law § 5208(b) allows a late MVAIC filing within thirty-one days of discovering an identification error in the police report.
  7. Your own injury record. See a physician the same day if you have any complaint. A gap in treatment will be used against you when the claim is valued.

The identification evidence exists in the first days after the crash and not later.

What Operation Plate Check Meant for Your Existing Case

If you were injured in a fake-plate or ghost-car crash before May 2026, the enforcement push was not abstract for you.

  • Identification. Plate-reader sweeps during the enforcement week may have resolved identification questions in older cases, including stolen vehicles and vehicles with fraudulent plates that match earlier crashes.
  • New evidence. A vehicle seized during the window may carry damage patterns, paint transfer or windshield decals tying it to an earlier unsolved crash.
  • MVAIC claims. If your claim is pending with MVAIC as an unidentified-driver claim and the vehicle is later identified, Insurance Law § 5208(b) allows an affidavit against the identified driver within thirty-one days of discovering the identification error in the police report or receiving the Department of Motor Vehicles’ written correction.

If you have an open case involving an unidentified vehicle, ask your attorney whether a follow-up status request to the investigating agency is warranted.

Talk to a Long Island Uninsured-Driver Accident Lawyer

If you were hit by an uninsured driver, a ghost car, or a fake-plate driver on the LIE, the Northern State, a town road in Nassau County or Suffolk County, or anywhere in the five boroughs, the case will not unfold like a routine fender-bender. The investigation must move quickly. The coverage analysis must be precise. The notices and deadlines stack on each other, and waiting is expensive.

The Law Office of Jason Tenenbaum handles identification-disputed, hit-and-run, uninsured motorist, underinsured motorist (SUM) and MVAIC claims across Long Island. We know the carriers, the arbitration process under the endorsement, the police-report and surveillance-preservation sequence, and the Vehicle and Traffic Law and Insurance Law provisions that control these cases.

For a free, confidential consultation about your Long Island car accident case, call (516) 750-0595 or contact the firm. Our Long Island personal injury practice handles motor vehicle, premises and catastrophic injury cases across Nassau County, Suffolk County and the five boroughs.


Editor’s note (September 22, 2026): the post-enforcement totals for Operation Plate Check were never added to this article, and the enforcement figures that appeared in the May 3, 2026 version were not verifiable and were removed. Nothing in this post is legal advice for any specific individual or claim, and reading it does not create an attorney-client relationship. If you were injured in a fake-plate or ghost-car crash on Long Island, speak with a licensed New York attorney as soon as possible; many of the deadlines that govern your recovery start running on the day of the crash.

Legal Context

Why This Matters for Your Case

Personal injury law in New York is governed by a complex web of statutes, case law, and procedural rules that differ from most other states. The statute of limitations for most personal injury claims is three years under CPLR 214(5), but claims against municipalities require a Notice of Claim within 90 days. Motor vehicle accident victims must meet the serious injury threshold under Insurance Law §5102(d) before they can recover pain and suffering damages.

The Law Office of Jason Tenenbaum has recovered over $100 million for injured clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. With 24+ years of trial and appellate experience, more than 1,000 appeals written, and 2,600+ published legal articles, Jason Tenenbaum provides the authoritative legal analysis that practitioners and injury victims need to understand their rights.

This article reflects real courtroom experience and a deep understanding of how New York courts actually evaluate personal injury claims — from the initial filing through discovery, summary judgment, trial, and appeal.

About This Topic

New York Personal Injury Law

When negligence causes serious injury, New York law entitles victims to compensation for medical bills, lost income, pain and suffering, and more. From car accidents and slip-and-falls to construction injuries and medical malpractice, the Law Office of Jason Tenenbaum has recovered over $100 million for injured Long Islanders and New Yorkers since 2002.

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Frequently Asked Questions

Common Questions About This Topic

10 answers from the firm's New York personal-injury and employment-law practice. Click any question to expand.

What is a ghost car exactly?

There is no statutory definition of a ghost car in New York. Police and the press use the term for a vehicle whose identification has been deliberately defeated: a counterfeit or stolen plate, a fictitious or altered temporary tag, or a plate that is covered, folded or obscured so officers and plate-reader cameras cannot trace the vehicle to a registered owner. The State Police enforcement week the post describes, Operation Plate Check, targeted those violations statewide from May 2 to May 9, 2026. For an injured person the practical meaning is that the other driver's identity, registration and insurance will be contested from the first day.

Does a fake license plate automatically mean the driver had no insurance?

No. A fake or obscured plate is a registration and traffic offense; it does not by itself establish that the vehicle lacked liability insurance. Some drivers with fraudulent plates carry a valid policy; others are uninsured. Insurance status is confirmed through the police report, the Department of Motor Vehicles, and the carrier itself; Insurance Law § 5208(e) directs the commissioner to tell the Motor Vehicle Accident Indemnification Corporation, on request, whether a vehicle in an accident was insured. Until coverage is confirmed, treat the case as one in which your own policy's uninsured motorist coverage and first-party benefits may be the source of recovery, and preserve evidence accordingly.

What if the driver gave me an insurance card at the scene?

Treat the card as unverified information, not proof of coverage. An insurance card can be counterfeit, expired, or issued for a different vehicle, and a fake-plate driver has a reason to produce one to end the encounter. Photograph the front and back, record the policy number, carrier and named insured, and give the information to your lawyer, who will confirm with the carrier whether a policy covering that vehicle was in force on the accident date. Send your own insurer written notice of the accident within 30 days, as 11 NYCRR 65-1.1 requires, so your first-party benefits are not put at risk while the other driver's coverage is sorted out.

Can I file an uninsured motorist claim if police never find the driver?

Yes, if there was physical contact. Insurance Law § 3420(f)(1) requires every New York auto liability policy to include uninsured motorist coverage for damages recoverable from the owner or operator of an uninsured motor vehicle, including an unidentified motor vehicle which leaves the scene of an accident. Under Insurance Law § 3420(f)(3), that protection does not apply against an unidentifiable person unless the injury arose out of physical contact of that vehicle with the insured or the vehicle the insured was occupying. The prescribed endorsement, 11 NYCRR 60-2.3, also requires a report to the police or the Commissioner of Motor Vehicles within 24 hours or as soon as reasonably possible.

How does no-fault work if the driver is never identified?

First-party benefits are paid by the insurer of the vehicle you were in, or your own policy if you were a pedestrian or bicyclist, regardless of fault or whether the driver is identified. Basic economic loss under Insurance Law § 5102(a) covers up to $50,000 per person: medical expenses, lost earnings up to $2,000 per month for three years, and other expenses up to $25 per day for a year, less the § 5102(b) deductions. The endorsement, 11 NYCRR 65-1.1, sets the deadlines: written notice of the accident within 30 days, medical bills within 45 days after each service, and lost-wage proof within 90 days, excusable only with written justification.

What if I do not have my own auto policy?

If no policy covers you, the Motor Vehicle Accident Indemnification Corporation (MVAIC) is the fallback under Insurance Law Article 52 for bodily injury caused by an uninsured or unidentified driver, for a qualified person as defined in Insurance Law § 5202(b). The deadlines are strict. Under Insurance Law § 5208(a)(2), a claim against an unidentified driver requires a report to the police or the commissioner within twenty-four hours and an affidavit filed with MVAIC within ninety days of the accident. Under § 5208(a)(1), a claim against an identified uninsured driver requires the affidavit within one hundred eighty days. Late filing may be excused only as § 5208(b) and (c) allow.

Will my own insurance rates go up if I file an uninsured motorist claim?

Not for a hit-and-run you reported promptly. The merit rating rules, 11 NYCRR 169.1(d)(1)(iii), prohibit any points or surcharge for an accident in which the insured's vehicle was struck by a hit-and-run vehicle, if it is reported to the proper authority within 24 hours. The same rule bars a surcharge when the vehicle was lawfully parked or struck in the rear without a moving-violation conviction. Under 11 NYCRR 169.1(c), a bodily injury surcharge is permitted only where the vehicle was in operation and the insured was at fault. Insurance Law § 2335(a) separately bars a premium increase solely for an accident with property damage of $2,000 or less.

What is the deadline to sue after a New York car accident?

Three years from the accident for a personal injury claim against a private driver (CPLR 214(5)), and two years from the death for wrongful death (EPTL 5-4.1(1)). Claims against a city, county, town, village or school district require a notice of claim within ninety days and a lawsuit within one year and ninety days (General Municipal Law § 50-e(1)(a), § 50-i(1)). MVAIC affidavits are due under Insurance Law § 5208(a) within ninety days for an unidentified driver and one hundred eighty days for an identified uninsured driver. Uninsured and SUM claims follow the policy endorsement, 11 NYCRR 60-2.3, which requires written notice of claim as soon as practicable.

Should I talk to the other driver's insurance company if they call me?

Refer the call to your lawyer. You have no legal duty to give a recorded statement to the insurer of the driver who hit you; any duty to cooperate runs to your own insurer under your own policy. In a fake-plate case you may not even know whether the caller represents the carrier that actually insured the vehicle. A recorded statement given early, before your injuries are diagnosed, can be used later to dispute fault, causation or the extent of injury. Give the caller your lawyer's contact information only. Your own insurer is different: 11 NYCRR 65-1.1 requires written notice within 30 days and cooperation with its reasonable requests.

How do I find out what UM/SUM limits I actually have?

Read the declarations page of your auto policy; it lists each coverage and its limit. Look for Uninsured Motorists and for Supplementary Uninsured/Underinsured Motorists, often labeled SUM. The statutory minimum uninsured motorist coverage is $25,000 per person and $50,000 per accident for bodily injury (Insurance Law § 3420(f)(1)). SUM coverage is optional and can be purchased up to your own bodily injury liability limits (Insurance Law § 3420(f)(2)(A)); for policies entered into after § 3420(f)(2-a) took effect, SUM equals your liability limits unless you signed a written waiver selecting less or declining it. If your limits are at the minimum, ask your broker what higher SUM limits cost.

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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.

New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.

If you need legal help with a personal injury matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.

Part of the Car, Truck & Motorcycle Accident Claims archive in the Personal Injury Law section of the New York Legal Encyclopedia.

Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

Written By

Jason Tenenbaum, Esq.

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2008, he has authored more than 2,600 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
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