Personal Injury · Auto Accidents
What Happens If the Driver Who Hit You Has No Insurance in Pennsylvania
Pennsylvania law requires all registered motor vehicles to carry liability insurance under 75 Pa.C.S. § 1786, but thousands of drivers operate without coverage. When an uninsured driver causes a collision, Pennsylvania’s uninsured motorist coverage provisions under 75 Pa.C.S. § 1731 allow injured drivers to seek compensation through their own automobile insurance policy. This statutory framework transforms what might appear to be an unrecoverable claim into a viable insurance recovery, provided the injured driver’s policy includes uninsured motorist coverage at the time of the collision.
What Is Uninsured Motorist Coverage in Pennsylvania?
If the person who caused your crash has no insurance, you may still recover compensation through uninsured motorist coverage on your own Pennsylvania auto policy. UM coverage is designed specifically for situations where the at-fault driver lacks insurance, and it functions as a substitute liability policy.
Uninsured motorist coverage, commonly abbreviated as UM coverage, is a component of Pennsylvania automobile insurance policies that provides compensation when the at-fault driver carries no liability insurance. Under 75 Pa.C.S. § 1731, insurance carriers in Pennsylvania must offer uninsured motorist coverage to every policyholder, though policyholders may reject this coverage in writing. When UM coverage is in effect, the injured driver’s own insurance company evaluates the claim and compensates the injured party 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. This coverage effectively converts an otherwise unrecoverable claim against an uninsured individual into a claim against a solvent insurance carrier.
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 required by Pennsylvania law 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 and total damages exceed the at-fault driver’s liability limits. Determining the total available insurance coverage is often one of the most important steps in evaluating the claim. Pennsylvania law permits stacking of uninsured and underinsured motorist coverage in certain circumstances, which can substantially increase the total coverage available.
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 under 75 Pa.C.S. § 1794 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. The Assigned Claims Plan assigns the claim to a participating insurance carrier selected at random, and that carrier then evaluates the claim under Pennsylvania law. 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 under 75 Pa.C.S. § 1705.
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 under the uninsured motorist claim.
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 under 42 Pa.C.S. § 5524. 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.
When an uninsured driver causes a serious accident in Pennsylvania, your own insurance policy may be the only realistic source of compensation. Uninsured motorist coverage applies when the at-fault driver has no insurance, and underinsured motorist coverage applies when their limits are too low.
Understanding what coverage you have and how to file a claim with your own carrier is the first step toward recovery. Call 412-351-4422 or schedule a consultation to evaluate your options.
Pennsylvania estate planning documents must satisfy the execution requirements of the Probate, Estates and Fiduciaries Code, found in Pennsylvania statutes. Estate and inheritance tax obligations are administered by the Pennsylvania Department of Revenue.
Quick Answers About Uninsured Driver Accidents in Pennsylvania
What is uninsured motorist coverage in Pennsylvania?
Uninsured motorist coverage (UM coverage) is a component of Pennsylvania automobile insurance policies that provides compensation when the at-fault driver carries no liability insurance. Under 75 Pa.C.S. § 1731, insurance carriers in Pennsylvania must offer uninsured motorist coverage to every policyholder. When UM coverage is in effect, the injured driver’s own insurance company evaluates the claim and compensates the injured party for medical expenses, lost wages, and in many cases pain and suffering damages.
What happens if the driver who hit me has no insurance in Pennsylvania?
When an uninsured driver causes a collision in Pennsylvania, the injured driver can seek compensation through their own automobile insurance policy if they have uninsured motorist coverage. Pennsylvania law under 75 Pa.C.S. § 1731 allows injured drivers to file a claim with their own insurance carrier, which then evaluates liability and damages similar to a standard injury claim.
What is the Pennsylvania Assigned Claims Plan?
The Pennsylvania Assigned Claims Plan under 75 Pa.C.S. § 1794 provides limited benefits when an injured person has no uninsured motorist coverage available and the at-fault driver was uninsured. The program assigns the claim to a participating insurance carrier selected at random, which then evaluates the claim under Pennsylvania law. This program may allow recovery of medical expenses and certain other benefits, though eligibility requirements are strict and benefits are relatively limited.
Does limited tort versus full tort matter in uninsured motorist claims?
Yes. Pennsylvania drivers must choose between limited tort and full tort 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 under 75 Pa.C.S. § 1705. In uninsured driver cases, whether the injured person elected limited or full tort coverage affects what types of damages are available under the uninsured motorist claim.
What is the statute of limitations for uninsured motorist claims in Pennsylvania?
Pennsylvania generally requires personal injury claims arising from motor vehicle accidents to be filed within two years of the date of the crash under 42 Pa.C.S. § 5524. 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.
At Lebovitz & Lebovitz, P.A., we represent injured drivers in uninsured and underinsured motorist claims throughout Allegheny County and Western Pennsylvania.
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.
