Personal Injury · Auto Accidents

Uninsured and Underinsured Motorist Claims in Pennsylvania

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Being injured by a driver who has no insurance — or not enough insurance — does not mean your claim is worthless. Pennsylvania law requires auto insurers to offer uninsured motorist and underinsured motorist coverage, and that coverage may become your primary source of recovery when the at-fault driver cannot fully compensate you for your injuries.

UM and UIM claims are made against your own insurance policy, not the at-fault driver’s. Many injured people do not realize this coverage exists, do not know how to trigger it, or accept settlements that leave significant recoverable compensation on the table.

At Lebovitz & Lebovitz, P.A., we represent injury victims throughout Pittsburgh and Allegheny County in uninsured and underinsured motorist claims. We identify all available coverage, navigate the claims process, and pursue the full compensation our clients are entitled to recover.

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage, commonly called UM coverage, protects you when you are injured by a driver who carries no automobile liability insurance at all. Pennsylvania law requires insurers to offer UM coverage when selling an auto policy, though policyholders may reject it in writing.

UM coverage also applies in hit-and-run accidents where the at-fault driver cannot be identified. If you were struck by a vehicle that fled the scene and the driver was never identified, your UM coverage may be your only avenue for recovery.

What Is Underinsured Motorist Coverage?

Underinsured motorist coverage, commonly called UIM coverage, applies when the at-fault driver has insurance but their policy limits are not sufficient to fully compensate you for your injuries. If your damages exceed the at-fault driver’s liability limits, your UIM coverage may cover the gap up to the limits of your own policy.

UIM claims typically arise after the at-fault driver’s liability coverage has been exhausted or tendered. The process requires coordination between the liability claim and the UIM claim, and there are procedural requirements that must be followed to preserve your UIM rights.

How UM and UIM Coverage Works in Practice

When you make a UM or UIM claim, you are making a claim against your own insurance company. Your insurer steps into the position of the uninsured or underinsured driver and is obligated to evaluate and pay the claim up to your policy limits.

This does not mean your insurer will simply pay the claim. Insurance companies routinely dispute UM and UIM claims on liability, causation, and damages grounds — the same defenses the at-fault driver could have raised. Your insurer has the right to investigate the claim, demand examinations under oath, request medical records, and contest the value of your damages.

In some cases, UM and UIM disputes proceed to arbitration rather than court. Many Pennsylvania auto policies contain mandatory arbitration clauses for UM and UIM claims. Understanding how that process works and preparing the claim properly for arbitration is essential to a successful outcome.

Stacking of UM and UIM Coverage

Pennsylvania allows policyholders to stack UM and UIM coverage across multiple vehicles on the same policy or across multiple policies in the same household. Stacking multiplies the available coverage limits. If you have two vehicles on one policy, each with $100,000 in UIM coverage, stacked coverage gives you $200,000 in available UIM benefits.

Stacking must be elected on the policy. Insurers are required to offer stacking, but policyholders can waive it in exchange for lower premiums. Whether stacking is available on your policy is one of the first questions to answer in a serious injury case involving an underinsured driver.

Preserving Your UIM Rights

One of the most common mistakes in underinsured motorist claims is settling with the at-fault driver’s insurer without first notifying your own insurer and obtaining consent to settle. Most Pennsylvania auto policies require you to notify your UIM carrier before settling the underlying liability claim. Settling without that consent can result in a waiver of your UIM rights.

If you are considering accepting a liability settlement from the at-fault driver’s insurer, and you believe your damages exceed that amount, consult with an attorney before signing any release. Once the liability claim is settled and a release is signed, the ability to pursue UIM benefits may be foreclosed.

Coverage Available to Passengers and Pedestrians

UM and UIM coverage is not limited to the named insured. Household members and, in many cases, passengers in the covered vehicle may also be entitled to claim under the policy. Pedestrians and bicyclists struck by an uninsured or underinsured driver may have access to UM coverage through a resident relative’s policy even if they were not in a vehicle at the time of the accident.

Identifying all potentially applicable policies — the vehicle you were in, your household policies, and any other policies under which you may qualify as an insured — is an essential part of maximizing recovery in a serious injury case.

When the At-Fault Driver Had No Insurance

Pennsylvania requires drivers to carry minimum liability insurance, but a significant percentage of drivers on the road carry no insurance at all or let their coverage lapse. If the driver who caused your accident was uninsured, your UM coverage is typically your primary source of compensation for pain and suffering, lost wages, and other non-economic damages beyond what first-party medical benefits cover.

For a closer look at what happens when an uninsured driver causes an accident in Pennsylvania, see our Insight on uninsured driver accidents in Pennsylvania.