Although carrying auto insurance is mandatory under Pennsylvania law, the risk of encountering an uninsured or underinsured driver on the roads of Pittsburgh remains quite high.
But just because the other driver has no insurance coverage does not necessarily mean that you will have to pay for your expenses and damages after an accident involving an uninsured motorist out of your own pocket. We invited our Pittsburgh uninsured motorist accident attorney from Shenderovich, Shenderovich & Fishman to explain your legal options after a car crash involving an uninsured driver.
Steps to Take When Hit by an Uninsured Driver
Being involved in an accident with an uninsured driver can be stressful, but taking the right steps can make a significant difference in your case:
- Call the Police: Always report the accident to law enforcement. A police report will serve as critical evidence in your claim.
- Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries. Collect contact information from witnesses.
- Seek Medical Attention: Even if you feel fine, get checked by a medical professional. Some injuries may not be immediately apparent.
- Notify Your Insurance Company: Inform your insurer about the accident, but avoid providing detailed statements until you’ve consulted with an attorney.
- Consult an Attorney: Contact an experienced uninsured motorist accident attorney to understand your legal options and avoid low-ball settlement offers from insurance companies.
Pennsylvania Auto Insurance Laws
Pennsylvania requires all drivers to carry auto insurance, but not all comply. Here’s what you need to know about the state’s insurance requirements:
Mandatory Minimum Coverage
- Bodily Injury Liability: $15,000 per person / $30,000 per accident
- Property Damage Liability: $5,000
- First-Party Medical Benefits: $5,000
Optional Uninsured/Underinsured Motorist Coverage
While not required, many drivers choose to purchase additional uninsured/underinsured motorist (UM/UIM) coverage. This coverage can help pay for your damages if the at-fault driver lacks sufficient insurance. The minimum UM/UIM coverage in Pennsylvania matches the mandatory liability limits: $15,000 per person and $30,000 per accident.
How Uninsured Motorist Claims Work in Pennsylvania
When you’re hit by an uninsured driver, your ability to recover compensation often depends on your own insurance policy. Here’s how the process works:
- First-Party Benefits: Your insurance will first cover medical expenses and other damages up to the limits of your first-party benefits.
- Uninsured Motorist Coverage: If you have UM coverage, it will kick in once your first-party benefits are exhausted.
- Suing the Uninsured Driver: If your damages exceed your coverage limits and the at-fault driver has no insurance, you may need to file a lawsuit.
Our Pennsylvania uninsured motorist lawyers can help you navigate this process, ensuring you maximize your compensation while avoiding common pitfalls.
Why You Need a Lawyer for a Car Accident Where the Other Driver Has No Insurance
Dealing with an uninsured motorist claim can be complex and frustrating. Here’s why hiring an experienced uninsured car accident lawyer is essential:
- Insurance Company Tactics: Insurers often try to minimize payouts. A lawyer can negotiate on your behalf to secure a fair settlement.
- Legal Experience: An attorney understands Pennsylvania’s uninsured motorist laws and can identify all potential sources of compensation.
- Litigation Support: If a lawsuit is necessary, your attorney will build a strong case and represent you in court.
- Peace of Mind: Letting a professional handle your claim allows you to focus on recovery.
Additional Insurance Coverage in Uninsured Motorist Accidents
Some motorists in Pennsylvania also choose to purchase additional coverage to be covered in the event of a car crash with an uninsured or underinsured driver or hit and run accident, in which the other driver cannot be identified.
Our Pittsburgh uninsured motorist accident lawyer explains that any additional insurance coverage will be accessible when (a) you run out of your first-party insurance benefits to pay for your injury and damages, and (b) the other driver has no insurance coverage or his/her insurance coverage is not enough to cover the car accident.
Pennsylvania law does not require motorists to purchase uninsured or underinsured insurance coverage in addition to the mandatory standard auto insurance coverage. In our state, the minimum option for uninsured and underinsured motorist coverage is equivalent to the minimum coverage for mandatory auto insurance coverage ($15,000 per person and $30,000 per accident).
Suing the Uninsured Motorist
However, if you were injured in a car crash involving an uninsured or underinsured motorist and either has no additional insurance coverage or that coverage is not enough to cover all your expenses, suing the at-fault driver may be the only option to seek the maximum compensation.
Our uninsured driver accident lawyers at Shenderovich, Shenderovich & Fishman warn that you may run into several problems associated with recovering damages after a car crash involving an uninsured motorist:
- Pennsylvania law has a two-year statute of limitations for filing a personal injury lawsuit, which means you will have to sue the uninsured motorist within two years of the date of the accident
- Suing the uninsured motorist may be a waste of your time and money because if the driver could not afford auto insurance, he or she will most likely not have enough financial resources to cover the accident and
- Insurance companies in Pennsylvania are notorious for trying to settle uninsured motorist claims for as low as they can go (do not accept a low-ball settlement offer from insurance companies unless you have talked to a lawyer first)
Why Choose Shenderovich, Shenderovich & Fishman?
If you’ve been injured in an accident with an uninsured or underinsured driver, don’t navigate the legal process alone. At Shenderovich, Shenderovich & Fishman, our experienced uninsured motorist accident attorneys are here to help you recover the compensation you deserve.
Schedule a free consultation with our attorneys at Shenderovich, Shenderovich & Fishman by calling at (412) 391-7610.