Personal Injury · Auto Accidents
Uninsured and Underinsured Motorist Claims in Pennsylvania
Pennsylvania law requires insurers to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage under 75 Pa.C.S. § 1731, allowing injured parties to recover compensation from their own policy when the at-fault driver carries no insurance or insufficient limits. These coverage types provide a path to recovery for medical expenses, lost wages, and pain and suffering when the responsible driver cannot pay. UM coverage applies when the at-fault driver has no insurance or fled the scene in a hit-and-run accident. UIM coverage applies when the at-fault driver’s liability limits are exhausted and your damages exceed those limits.
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. Pennsylvania insurers routinely dispute UM and UIM claims on liability, causation, and damages grounds, and understanding the procedural requirements is essential to preserving your rights.
If the driver who hit you had no insurance or not enough, your own policy may cover the difference.
Call 412-351-4422 or schedule a consultation to find out what coverage applies to your claim.
What Is Uninsured Motorist Coverage?
Uninsured and underinsured motorist coverage protects you when the at-fault driver has no insurance or insufficient coverage to compensate your injuries. This coverage is part of your own auto insurance policy and provides a source of recovery when the responsible party cannot pay, though you must pursue a claim against your own insurer and may face coverage disputes over policy limits and causation.
Uninsured motorist coverage applies when the at-fault driver has no insurance or cannot be identified in a hit-and-run accident.
Uninsured motorist coverage protects you when you are injured by a driver who carries no automobile liability insurance. Pennsylvania law requires insurers to offer UM coverage when selling an auto policy under 75 Pa.C.S. § 1731, though policyholders may reject it in writing. This 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. The coverage steps into the position of the uninsured driver and provides compensation up to your policy limits for injuries, lost wages, and pain and suffering. Without UM coverage, an accident caused by an uninsured driver may leave you with no practical source of recovery beyond your own first-party medical benefits, which do not compensate for pain and suffering or wage loss beyond limited amounts.
What Is Underinsured Motorist Coverage?
Underinsured motorist coverage applies when the at-fault driver has insurance but their policy limits are not sufficient to fully compensate you for your injuries. UIM coverage is available when your damages exceed the at-fault driver’s liability limits, and it 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. 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 and foreclose any ability to recover additional compensation from your own policy.
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, and 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 under 75 Pa.C.S. § 1738. 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. Stacked coverage can make the difference between full recovery and a settlement that leaves significant damages uncompensated, and identifying all stackable policies in a household is an essential step in maximizing recovery.
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 a Pittsburgh personal injury 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.
Frequently Asked Questions
Pennsylvania law requires insurers to offer UM and UIM coverage when you purchase an auto policy. You may reject this coverage in writing, but doing so leaves you without a source of recovery if you are injured by an uninsured or underinsured driver. Most insurance professionals recommend maintaining UM and UIM coverage at the same limits as your liability coverage.
Yes. Pennsylvania law allows you to stack UM and UIM coverage across multiple vehicles on the same policy or across multiple policies in the same household. Stacking must be elected on your policy. If you waived stacking in exchange for lower premiums, your available coverage is limited to the per-vehicle limit.
Most Pennsylvania auto policies require you to notify your UIM carrier and obtain consent before settling with the at-fault driver’s insurer. Settling without that consent may waive your UIM rights and foreclose your ability to recover additional compensation from your own policy.
Yes. If you were struck by a vehicle that fled the scene and the driver was never identified, your UM coverage applies as though the at-fault driver had no insurance.
Yes. Passengers in the covered vehicle and, in many cases, household members may be entitled to claim under the policy. Pedestrians and bicyclists struck by an uninsured or underinsured driver may also have access to UM coverage through a resident relative’s policy.
Personal Injury · Pittsburgh
This page relates to our work in Personal Injury and Car and Truck Accidents. For an overview of how negligence works in Pennsylvania injury claims, see negligence law in Pennsylvania. For information on limited tort and full tort elections, see limited tort vs. full tort in Pennsylvania. Pennsylvania law governing UM and UIM coverage is found in 75 Pa.C.S. § 1731 and related statutes. Additional guidance is available through the Pennsylvania Unified Judicial System.
This page is part of our guide to Personal Injury claims in Pennsylvania.