Personal Injury · Auto Accidents
What Happens If the Driver Who Hit You Has No Insurance in Pennsylvania
Many drivers assume that if the person who caused a crash has no insurance, there is no realistic way to recover compensation. That assumption is often incorrect. Pennsylvania motor vehicle insurance policies frequently include uninsured motorist coverage designed specifically for situations where the at fault driver lacks insurance.
Uninsured driver collisions occur more often than many people expect. In Pittsburgh and throughout Allegheny County, crashes involving drivers with expired policies, suspended licenses, or no coverage at all are a recurring problem. When an uninsured driver causes a serious accident, the injured person’s own insurance policy may become the primary source of recovery.
At Lebovitz & Lebovitz, P.A., our Pittsburgh personal injury practice evaluates uninsured driver cases by examining available insurance coverage, medical documentation, and liability evidence. These claims typically arise within motor vehicle accident litigation, where identifying all available sources of recovery becomes critical to protecting the injured person’s rights.
Discovering that the other driver has no insurance does not necessarily end the case. Your own automobile policy may contain uninsured motorist coverage that applies to the accident.
Understanding how that coverage works is often the first step toward determining whether compensation may still be available.
What Uninsured Motorist Coverage Does
Uninsured motorist coverage, commonly referred to as UM coverage, protects drivers when the person responsible for the crash carries no liability insurance. When this coverage is present, the injured driver’s own insurance company effectively steps into the role of the uninsured driver and evaluates the claim.
UM coverage can compensate injured drivers for medical expenses, lost wages, and in many cases pain and suffering damages. The amount available depends on the policy limits selected when the insurance policy was issued.
Underinsured Motorist Coverage
A related type of coverage known as underinsured motorist coverage applies when the at fault driver carries insurance but the limits are too low to fully compensate the injured person. For example, if the other driver has only the minimum liability coverage and the injuries are serious, underinsured motorist coverage may provide additional recovery through the injured driver’s own policy.
These claims frequently arise in serious accidents where medical treatment extends over months or years. Determining the total available insurance coverage is often one of the most important steps in evaluating the claim.
Pennsylvania Assigned Claims Plan
In some situations, an injured person may not have uninsured motorist coverage available through their own automobile policy. Pennsylvania maintains a program known as the Assigned Claims Plan that can provide limited benefits when no other insurance coverage applies. This program may allow recovery of medical expenses and certain other benefits when the injured person had no applicable insurance and the at fault driver was uninsured.
Assigned claims cases involve strict eligibility requirements and relatively limited benefits. Determining whether a claim qualifies requires careful review of the circumstances of the accident and the available insurance coverage.
Pennsylvania Limited Tort and Full Tort Issues
Pennsylvania drivers must choose between limited tort and full tort insurance coverage when purchasing automobile insurance. Drivers who selected limited tort generally cannot recover damages for pain and suffering unless the injuries meet the legal definition of a serious impairment of bodily function.
In uninsured driver cases, this distinction can become particularly important. Whether the injured person elected limited or full tort coverage may affect what types of damages are available.
How These Claims Are Handled
Uninsured motorist claims are usually presented to the injured driver’s own insurance carrier. Although the claim arises under the injured person’s policy, the insurance company still evaluates liability and damages much like any other injury claim.
Disputes sometimes arise regarding the value of the claim or the severity of the injuries. In those situations, the matter may proceed through arbitration or litigation depending on the policy language.
Evidence That Helps Establish the Claim
As with any motor vehicle accident case, documentation plays a significant role. Police reports, photographs of the crash scene, witness statements, and medical records all contribute to determining liability and damages.
Insurance policy documents are also important. Reviewing the coverage limits, UM and UIM provisions, and arbitration clauses within the policy helps determine how the claim will proceed.
Statute of Limitations
Pennsylvania generally requires personal injury claims arising from motor vehicle accidents to be filed within two years of the date of the crash. Missing the statute of limitations can permanently bar recovery. Because uninsured motorist claims often involve both liability investigation and insurance coverage analysis, addressing the issue early helps avoid complications later in the process.
For a full overview of UM and UIM coverage, stacking, and how these claims work in Pennsylvania, see our page on uninsured and underinsured motorist claims.
This article relates to our work in personal injury and negligence. For more information about vehicle collision claims, see our auto accident practice. For how fault is determined when the other driver does have insurance, see our article on rear end collision liability.