Being hit by an uninsured driver in Pennsylvania does not necessarily mean you are out of options for recovering compensation. Depending on your auto insurance policy and the circumstances of the crash, uninsured motorist (UM) coverage may provide compensation for injuries and other covered losses caused by a driver who has no applicable liability insurance.
Pennsylvania requires registered vehicles to carry liability insurance, but uninsured drivers are still on the road. When one of those drivers causes an accident, understanding your own insurance coverage can become especially important.
What Happens When an At-Fault Driver Has No Insurance in Pennsylvania?
Normally, when another driver causes a collision, the injured person may pursue compensation through the at-fault driver’s liability insurance. If that driver has no insurance, there may be no liability policy available to cover the losses that would ordinarily be pursued against the responsible driver.
That does not automatically end your claim.
One potential source of recovery is your own uninsured motorist coverage. Pennsylvania law requires insurers to offer uninsured and underinsured motorist coverage, although policyholders can reject those coverages in writing.
If you purchased UM coverage, it may protect you when an uninsured driver’s negligence causes your injuries.
If you have been injured in a collision, MHK Attorneys’ Auto and Car Accident Attorneys can review the circumstances of the accident and the insurance policies that may apply.
What Is Uninsured Motorist Coverage in Pennsylvania?
Uninsured motorist coverage is designed to protect insured people who suffer injuries caused by drivers who do not have applicable insurance to pay for those losses.
UM coverage can become particularly important because Pennsylvania’s mandatory liability-insurance requirements do not guarantee that every vehicle on the road is actually insured at the time of a collision.
Your ability to make a UM claim and the amount potentially available will depend on factors such as your policy, its coverage limits, the facts of the collision, and the nature of your injuries.
Is Uninsured Motorist Coverage Required in Pennsylvania?
Pennsylvania insurers must offer uninsured and underinsured motorist coverage with applicable auto policies, but drivers are not required to purchase it. A named insured can reject UM and UIM protection in writing.
That makes it important to review your actual policy rather than assume that you have uninsured motorist protection.
MHK Attorneys also offers a Pennsylvania Car Insurance Buying Guide explaining insurance choices motorists should understand before an accident occurs.
What Is the Difference Between UM and UIM Coverage?
Although the terms are sometimes used together, uninsured motorist and underinsured motorist coverage address different situations.
Uninsured motorist (UM) coverage applies when an at-fault driver has no applicable liability insurance.
Underinsured motorist (UIM) coverage may apply when the at-fault driver has insurance, but the available liability coverage is not enough to compensate you fully for covered losses.
For example, a driver could technically comply with Pennsylvania’s insurance requirements but still have liability limits that are far below the losses caused by a serious crash. In that situation, UIM coverage may become important.
Knowing the difference can help you understand which part of your insurance policy may apply after an accident.
What Should You Do After an Accident With an Uninsured Driver?
The steps you take immediately after a collision can affect both your health and your ability to document a claim.
After an accident:
- Call the police. An official accident report can help establish who was involved and document important information about the crash.
- Seek medical attention. Some injuries are not immediately obvious, and prompt treatment creates a medical record connecting your injuries to the collision.
- Exchange information. Obtain the other driver’s name, contact information, vehicle information, and any insurance information they provide.
- Photograph the scene. Take pictures of vehicle damage, roadway conditions, visible injuries, and other relevant evidence when it is safe to do so.
- Collect witness information. Independent witnesses may provide important evidence if liability is later disputed.
- Notify your insurance company. Your policy may contain notice requirements for an uninsured motorist claim.
- Keep records of your losses. Preserve medical bills, treatment records, wage information, repair estimates, and accident-related correspondence.
- Consider speaking with an attorney before resolving the claim. Insurance and liability issues can become complicated when the responsible driver has no coverage.
MHK’s Personal Injury Attorneys can help evaluate potential sources of compensation and deal with insurance issues following a serious collision.
Can You Sue an Uninsured Driver Personally?
An injured person may have a legal claim against a negligent driver even when that driver does not have insurance.
However, obtaining a judgment and actually collecting money are two different issues. A driver without insurance may have limited assets or income available to satisfy a judgment.
That is one reason identifying all potential sources of insurance coverage can be so important. Depending on the circumstances, an attorney may review your policy, household policies, available UM coverage, and other potentially applicable sources of recovery before determining how a claim should proceed.
What If the Uninsured Driver Leaves the Scene?
Hit-and-run accidents present another challenge because the responsible driver may never be identified.
Do not assume that an unidentified driver means you have no options. Depending on the terms of your insurance policy and the facts of the crash, uninsured motorist coverage may be relevant to injuries caused by a hit-and-run driver.
After a hit-and-run accident, report the collision to law enforcement promptly and provide as much information as possible about the fleeing vehicle. Details such as the vehicle’s color, make, model, direction of travel, partial license plate, or identifying damage can be useful.
Nearby surveillance or traffic-camera footage may also become important, which is another reason to begin investigating quickly.
What Compensation May Be Available After an Uninsured Driver Accident?
The compensation available depends on the facts of the accident, the insurance coverage involved, and the extent of the injuries.
A claim may potentially involve losses such as:
- Medical expenses related to accident injuries
- Lost wages and loss of earning capacity
- Pain and suffering when legally recoverable
- Other losses resulting from the collision
Serious injuries can create expenses that continue long after the crash itself. Understanding the available policy limits and documenting the full extent of your losses can therefore be an important part of an uninsured motorist claim.
Does Pennsylvania’s Full Tort or Limited Tort Choice Matter?
Pennsylvania drivers may select full tort or limited tort coverage when purchasing auto insurance. Those choices can affect the ability to pursue certain non-economic damages after an accident, although exceptions may apply depending on the circumstances.
Uninsured motorist coverage and tort selection are separate insurance concepts. Having UM coverage does not automatically mean that every category of damages will be recoverable.
Because the interaction between policy language, tort status, injuries, and the facts of an accident can be complicated, it is important to have the specific policy reviewed rather than relying on general assumptions about coverage.
How Can MHK Attorneys Help After an Accident With an Uninsured Driver?
A crash involving an uninsured driver can turn what is already a difficult situation into a complicated insurance dispute.
MHK Attorneys represents people injured in auto accidents throughout Eastern Pennsylvania, including the Stroudsburg, Brodheadsville, and Pocono Summit areas.
Our attorneys can investigate the collision, review available insurance policies, evaluate potential UM or other claims, gather evidence of your injuries and losses, and communicate with insurance companies on your behalf.
If an uninsured driver caused your injuries, contact MHK Attorneys to discuss your situation with an experienced Pennsylvania Personal Injury Attorney. Personal injury consultations are free, and MHK does not collect attorney’s fees unless compensation is successfully recovered.