What Happens If I Am in an Accident With an Uninsured Driver in Pennsylvania?

Being involved in an accident is stressful enough, but what happens when the other driver is uninsured? If you’re asking, “What happens if I am in an accident with an uninsured driver in Pennsylvania?” here’s what you need to know.

In Pennsylvania, if you’re in an accident with an uninsured driver, you can seek compensation through your uninsured motorist coverage, if available, or rely on your Personal Injury Protection (PIP) benefits for medical expenses. In some cases, you may file a lawsuit against the uninsured driver to recover additional damages.

Understanding your options and knowing how to approach this process is essential. With decades of experience as a personal injury attorney in Pennsylvania, I’ve helped countless clients secure fair compensation after accidents. In this article, I’ll explain how uninsured motorist claims work, your rights under Pennsylvania law, and how Mattiacci Law can assist you.

 

What Is Uninsured Motorist Coverage?

Uninsured motorist (UM) coverage is an optional insurance add-on in Pennsylvania that protects you if the at-fault driver lacks insurance.

• UM coverage helps pay for:

  • Medical bills
  • Lost wages
  • Pain and suffering

• It functions similarly to liability insurance by compensating you as if the uninsured driver had coverage.

Quick tip: Check your insurance policy to confirm whether you have UM coverage. It can be invaluable in accidents with uninsured drivers.

What Is the Difference Between Uninsured and Underinsured Motorist Coverage?

Understanding the distinction between uninsured motorist (UM) and underinsured motorist (UIM) coverage is crucial for protecting yourself after an accident.

• Uninsured Motorist (UM) Coverage: Protects you when the at-fault driver has no insurance.
• Underinsured Motorist (UIM) Coverage: Applies when the at-fault driver’s insurance is insufficient to cover your damages.

Quick tip: Many Pennsylvania drivers bundle UM and UIM coverage to ensure comprehensive protection.

How Does Pennsylvania’s No-Fault System Apply?

Pennsylvania follows a no-fault system for medical expenses, which means your PIP benefits cover your medical bills regardless of who caused the accident.

• PIP covers:
  • Medical expenses up to your policy’s limit.
  • Some lost wages, depending on your coverage.

Quick tip: PIP benefits do not cover pain and suffering or property damage, which may require filing a claim or lawsuit.

What Are the Benefits of Having Uninsured Motorist Coverage in Pennsylvania?

Uninsured motorist (UM) coverage offers several advantages, including:

1. Immediate Access to Compensation: Covers medical bills, lost wages, and pain and suffering without waiting for a lawsuit.
2. Protection Against Financial Losses: Ensures you aren’t left paying out of pocket for another driver’s lack of responsibility.
3. Coverage in Hit-and-Run Accidents: Applies when the at-fault driver flees the scene and cannot be identified.

Quick tip: Adding UM coverage to your policy can provide peace of mind in unpredictable situations.

Can You Sue an Uninsured Driver in Pennsylvania?

Yes, you can sue an uninsured driver in Pennsylvania, but recovering compensation may be challenging.

• When to sue: If the uninsured driver has personal assets, a lawsuit may help recover damages.
• Challenges: Many uninsured drivers lack the financial means to pay, making lawsuits time-consuming and costly.

Quick tip: Consult an attorney to evaluate whether suing the at-fault driver is a viable option.

What Happens if the Uninsured Driver Was Driving Illegally?

If the uninsured driver was operating illegally, such as driving with a suspended license, it can strengthen your case.

• Criminal penalties for the driver: May include fines, license suspension, or even jail time.
• Impact on your claim: Illegal activity can further demonstrate negligence, bolstering your case in court or settlement negotiations.

Quick tip: A police report documenting illegal activity can be a powerful piece of evidence in your claim.

What Steps Should You Take After an Accident With an Uninsured Driver?

Follow these steps to protect your rights and strengthen your claim after an accident with an uninsured driver:

1. Call the police: File a report documenting the accident and lack of insurance.
2. Seek medical attention: Document your injuries with a healthcare provider.
3. Gather evidence: Take photos of the scene, vehicle damage, and injuries.
4. Notify your insurance company: Report the accident promptly, especially if you plan to use UM coverage.
5. Contact an attorney: A lawyer can help navigate the claims process and explore additional options for compensation.

Quick tip: Avoid accepting any settlement or signing documents without consulting an attorney.

What Are the Costs of Suing an Uninsured Driver?

Suing an uninsured driver can be costly and may not always be the best option, especially if the driver lacks assets.

Expense	Description
Court Filing Fees	Costs to initiate a lawsuit, typically a few hundred dollars.
Attorney Fees	Often handled on a contingency basis but may include upfront costs.
Expert Witness Fees	Costs for accident reconstruction or medical experts to testify.
Time and Stress	Litigation can take months or years to resolve.

Quick tip: Before suing, consult with an attorney to evaluate the driver’s financial situation and the likelihood of recovering damages.

How Can You Protect Yourself From Uninsured Drivers in Pennsylvania?

Taking proactive steps can help minimize your risk of financial loss from accidents involving uninsured drivers:

1. Purchase Uninsured Motorist Coverage: Ensure your policy includes UM coverage for added protection.
2. Add Collision Coverage: Covers vehicle repairs, even if the other driver lacks insurance.
3. Review Your Policy Regularly: Make sure your coverage limits align with your needs.
4. Keep Records of the Accident: Documentation strengthens your claim, even if the at-fault driver is uninsured.

Quick tip: Work with an insurance agent to create a policy that fully protects you from uninsured or underinsured drivers.

How Does Comparative Negligence Impact Your Claim?

Pennsylvania follows a comparative negligence rule, which allows you to recover damages as long as you are not more than 50% at fault.

• Your compensation will be reduced by your percentage of fault.
• For example, if you are 20% at fault and your total damages are $100,000, you can recover $80,000.

Quick tip: An attorney can help challenge fault assignments to maximize your compensation.

What Role Does Mediation Play in Uninsured Driver Claims?

Mediation is a cost-effective way to resolve disputes with your insurance company or the at-fault driver:

• What it involves: A neutral third party helps both sides negotiate a fair settlement.
• Benefits: Faster resolution, lower legal fees, and less stress compared to litigation.

Quick tip: An attorney experienced in mediation can guide you through the process to secure the best outcome.

Call Now for a Free Consultation

Dealing with an accident involving an uninsured driver can be complex, but you don’t have to face it alone. With the right legal guidance, you can explore your options and recover the compensation you deserve.

Call Mattiacci Law today at 856-219-2481 for a free, no-obligation consultation. Let us fight for your rights and help you secure the recovery you need.

Related Content:

• A Simple Explanation Of Uninsured & Underinsured Motorist Coverage In PA
• What is Additional Personal Injury Protection?
• What Does Personal Injury Protection Cover?
• Can I Claim Personal Injury if it Was My Fault?
• How Much to Ask for in a Personal Injury Settlement
• How to Win Your Personal Injury Claim