Car accidents are, at best, a headache and, at worst, life-shattering. They can be made all the more stressful if you are involved in a wreck with an uninsured driver. If you have been hit by an uninsured or underinsured motorist in Pennsylvania, you are not alone.
Navigating the aftermath of a car accident is stressful enough, but dealing with a driver who lacks sufficient insurance can add even more complications. At Shenderovich, Shenderovich & Fishman, P.C., our experienced team of car accident attorneys is here to help you recover the compensation you deserve. Call us today at (412) 391-7610 to discuss your case.
Understanding Uninsured/Underinsured Motorist Coverage
Uninsured motorist (UM) and underinsured motorist (UIM) coverage are critical safeguards for drivers in Pennsylvania. These coverages are part of your auto insurance policy and protect you when the at-fault driver:
- Has no insurance (uninsured)
- Does not have enough insurance to cover your damages (underinsured)
UM/UIM coverage steps in to pay for expenses such as medical bills, lost wages, and pain and suffering when the responsible driver cannot. In Pennsylvania, while UM/UIM coverage is optional, it is highly recommended due to the significant number of uninsured and underinsured drivers on the road.
Pennsylvania’s No-Fault Insurance System and UM/UIM Coverage
Pennsylvania is one of only 3 states that does not follow either a no-fault or at-fault insurance system. Pennsylvania follows a unique hybrid insurance system that we refer to as “choice no-fault”, allowing drivers to choose between no-fault and fault-based insurance options. This impacts how claims involving uninsured and underinsured motorists are handled.
Understanding the No-Fault System
Pennsylvania follows a no-fault insurance system, which means that after a car accident, your own Personal Injury Protection (PIP) coverage is used to pay for certain expenses, regardless of who caused the accident. PIP coverage ensures that you have immediate access to compensation for medical bills and lost wages, helping you recover more quickly without waiting for a fault determination. This system is designed to reduce delays in receiving financial support for injuries and to decrease the burden on the court system for minor claims.
However, it is important to note the limitations of PIP coverage. While it covers medical expenses, rehabilitation costs, and a portion of lost wages, it does not compensate for non-economic damages, such as pain and suffering, emotional distress, or inconvenience caused by the accident. Additionally, PIP coverage does not address property damage, which must be pursued through other avenues.
Fault-Based Coverage and UM/UIM Claims
For drivers who opt out of the no-fault system, a fault-based approach determines compensation. If you are hit by an uninsured or underinsured driver, you may rely on your own UM/UIM coverage to recover damages. Key points include:
- Uninsured Motorist (UM) Coverage: Protects you when the at-fault driver has no insurance.
- Underinsured Motorist (UIM) Coverage: Steps in when the at-fault driver’s insurance limits are insufficient to cover your damages.
Minimum Insurance Requirements in Pennsylvania
In Pennsylvania, drivers are required to carry liability insurance with the following minimum limits:
- $15,000 for injury to one person
- $30,000 for injury to multiple people
- $5,000 for property damage
While these minimums may provide basic protection, they are often inadequate for serious accidents. Medical bills, lost wages, and repair costs can quickly exceed these limits, especially in collisions involving catastrophic injuries or multiple vehicles. Victims of such accidents may face significant out-of-pocket expenses, highlighting the importance of additional coverage options like uninsured/underinsured motorist protection. Ensuring comprehensive insurance coverage helps shield you from the financial risks posed by underinsured or uninsured drivers on Pennsylvania's roads.
Why UM/UIM Coverage is Essential
Although UM/UIM coverage is optional in Pennsylvania, it is a crucial safeguard. Without it, you may be left paying out-of-pocket for significant expenses. Our attorneys at Shenderovich, Shenderovich & Fishman, P.C. can review your policy to help you understand your coverage and advocate for your full compensation.
Statistics on Drivers Without Insurance
The risk of encountering uninsured or underinsured motorists is higher than most people realize. Nationwide, about 14% of drivers lacked insurance in 2022, equating to one in seven drivers, according to the Insurance Research Council (IRC). In Pennsylvania, approximately 7% of drivers are uninsured, one of the lower rates in the country, but still significant enough to warrant concern.
Additionally, many insured drivers in Pennsylvania carry only the state's minimum liability coverage, which often falls short of covering severe injuries or extensive property damage. The importance of uninsured/underinsured motorist (UM/UIM) coverage becomes evident when you consider the financial risk of being hit by a driver without adequate insurance.
How An Attorney Can Help Your Claim
Recovering compensation after being hit by an uninsured or underinsured driver can be complex. Insurance companies often resist paying UM/UIM claims, even when they are clearly valid. Hiring an experienced attorney ensures that your rights are protected and your claim is handled effectively.
Proving Liability in UM/UIM Claims
The most important question in many of these cases is “Who will pay for my medical bills?” Typically, the insurance company of the driver responsible for the accident will cover any necessary medical bills or the cost to repair your vehicle or other property that was damaged in the wreck. Obviously, if the other driver does not have sufficient insurance, this is more complex. To recover compensation, you must prove that:
- The other driver was at fault for the accident.
- The other driver lacked sufficient insurance to cover your damages.
Evidence such as police reports, witness statements, accident reconstruction, and medical records are crucial in building a strong case. Our attorneys at Shenderovich, Shenderovich & Fishman, P.C. understand the tactics insurers use to minimize payouts and are skilled in countering those strategies.
What Damages Can You Recover?
Under UM/UIM coverage, you may be entitled to a variety of compensatory damages, depending on the severity of your injuries and the circumstances of the accident. These include:
- Medical Expenses: Coverage for immediate medical costs, such as emergency care, surgeries, and hospital stays, as well as future treatment needs like rehabilitation and therapy.
- Lost Income: Compensation for wages lost during your recovery period, and in cases of permanent disability, loss of future earning capacity.
- Pain and Suffering: Monetary compensation for the physical pain and emotional distress caused by the accident, which can significantly impact your quality of life.
- Property Damage: Costs to repair or replace your vehicle and any other personal property damaged in the collision.
- Other Costs: Depending on the policy and state laws, you may also recover compensation for out-of-pocket expenses like transportation to medical appointments or home modifications due to injuries.
Our experienced attorneys at Shenderovich, Shenderovich & Fishman, P.C. will diligently assess all aspects of your losses to ensure you recover the full amount of compensation you deserve. No detail is overlooked as we advocate for your rights and financial recovery.
Contact Us Today To Speak To An Attorney About Your Case
If you have been injured in an accident caused by an uninsured or underinsured driver, the attorneys at Shenderovich, Shenderovich & Fishman, P.C. are ready to help. With decades of experience and a commitment to maximizing compensation for our clients, we will guide you through the legal process and fight for your rights.
Call us today at (412) 391-7610 or fill out our online contact form to schedule a free consultation. Don’t wait—get the legal support you need to secure your future.
FAQs
What should I do after an accident with an uninsured or underinsured driver?
After ensuring safety and seeking medical attention, collect as much evidence as possible. This includes taking photos of the scene, exchanging information with the other driver (if possible), and obtaining a police report. Notify your insurance company and consult an attorney to protect your rights.
Do I need uninsured/underinsured motorist coverage in Pennsylvania?
While not legally required, UM/UIM coverage is essential for financial protection. Pennsylvania’s minimum liability coverage may not be sufficient to cover severe injuries or property damage, leaving you vulnerable without UM/UIM coverage.
Can I still recover compensation if I don’t have UM/UIM coverage?
If you lack UM/UIM coverage, you may need to pursue compensation through the at-fault driver’s assets, which can be challenging if they have limited resources. An attorney can evaluate alternative options for recovery.
What is the time limit for filing a UM/UIM claim?
In Pennsylvania, the statute of limitations for filing a UM/UIM claim is generally two years from the date of the accident. However, your insurance policy may have additional deadlines for notifying the insurer.
Can I file a UM/UIM claim if the at-fault driver fled the scene?
Yes, you can file a UM (uninsured motorist) claim if the at-fault driver fled the scene of the accident. Hit-and-run accidents are typically treated as uninsured motorist claims under your insurance policy. To strengthen your case, it’s essential to report the accident to law enforcement immediately and provide any available evidence, such as witness statements or surveillance footage. Your attorney can help you navigate the claims process to ensure you pursue the compensation you are entitled to.
What happens if my insurance company denies my UM/UIM claim?
If your insurance company denies your UM/UIM claim, you may still have options. Denials often occur due to disputes over fault, coverage limits, or documentation issues. An experienced attorney can help you challenge the denial by:
- Reviewing your policy for coverage terms and conditions.
- Gathering additional evidence to support your claim.
- Negotiating with the insurer or pursuing litigation if necessary.
