Car accidents are stressful enough without the added complication of discovering that the other driver doesn’t have insurance or lacks enough coverage to pay for your damages. Unfortunately, uninsured and underinsured drivers are a serious problem in Pennsylvania, leaving victims unsure of how to cover medical bills, vehicle repairs, and lost wages.
If you’ve been in an accident with an uninsured or underinsured driver, you may be wondering:
- Who will pay for my medical expenses and damages?
- Can I sue the other driver for compensation?
- Does my insurance cover accidents involving uninsured motorists?
At Oakes Firm, we help car accident victims explore every available option to recover the compensation they need. In this guide, we’ll break down your legal options after an uninsured or underinsured motorist accident and what steps to take next.
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How Common Are Uninsured and Underinsured Drivers?
Despite Pennsylvania’s mandatory auto insurance laws, many drivers fail to carry the required coverage. The Insurance Research Council (IRC) estimates that about 1 in 8 drivers in the U.S. is uninsured.
In Pennsylvania, while the uninsured motorist rate is slightly lower than the national average, there are still thousands of underinsured drivers who don’t have enough coverage to compensate accident victims fully.
Pennsylvania’s Minimum Auto Insurance Requirements
Pennsylvania law requires all drivers to carry at least the following minimum insurance coverage:
- $15,000 per person for bodily injury
- $30,000 per accident for bodily injury
- $5,000 for property damage
While these limits satisfy state requirements, they are often not enough to cover serious injuries. For example, a traumatic brain injury or spinal cord injury can result in hundreds of thousands of dollars in medical bills, far exceeding the at-fault driver’s policy limits.
This is why many responsible drivers choose to add uninsured/underinsured motorist (UM/UIM) coverage to their own policies.
What Is Uninsured/Underinsured Motorist Coverage?
Uninsured (UM) and Underinsured Motorist (UIM) coverage is an optional but highly recommended part of your own auto insurance policy.
- Uninsured Motorist (UM) Coverage – Pays for your damages if the at-fault driver has no insurance.
- Underinsured Motorist (UIM) Coverage – Pays for damages when the at-fault driver’s insurance is not enough to fully cover your losses.
Why UM/UIM Coverage Is Critical
If you’re hit by an uninsured or underinsured driver, this coverage can help pay for:
- Medical bills (hospitalization, surgeries, rehab, etc.)
- Lost wages if you can’t work due to injuries
- Pain and suffering
- Vehicle repair or replacement costs
Without UM/UIM coverage, you may be forced to pay out of pocket or pursue a lawsuit against the at-fault driver, which may not always result in full compensation.
What If You Don’t Have UM/UIM Coverage?
If you don’t carry uninsured/underinsured motorist coverage, you may still have options to recover compensation, including:
- Filing a Personal Injury Lawsuit Against the At-Fault Driver – You can sue the uninsured driver, but if they don’t have insurance, they may lack the assets to pay a settlement.
- Using Your Health Insurance – Your personal health insurance can help cover medical expenses, but you may still be responsible for copays, deductibles, and out-of-pocket costs.
- Exploring Other Insurance Coverage – Some policies include med pay (medical payments coverage) or collision coverage that may help cover some expenses.
Each case is unique, and a lawyer can help you identify all available sources of compensation.
Steps to Take After an Accident with an Uninsured or Underinsured Driver
If you’ve been hit by a driver who doesn’t have enough insurance (or any at all), it’s crucial to protect your rights by following these steps:
1. Call the Police Immediately
Always report the accident to law enforcement, even if the other driver asks you not to. A police report documents the crash and can be crucial evidence when filing an insurance claim.
2. Gather Information
Even if the other driver is uninsured, collect as much information as possible, including:
- Their name, phone number, and address
- Their vehicle make, model, and license plate number
- Witness statements and contact information
- Photos of the accident scene, vehicle damage, and injuries
3. Seek Medical Attention
Even if you feel fine after the crash, some injuries (like whiplash or concussions) may not appear until hours or days later. Seeing a doctor immediately creates a medical record that connects your injuries to the accident.
4. Notify Your Insurance Company
Inform your insurance company about the accident as soon as possible, especially if you plan to use UM/UIM coverage. However, be cautious when providing statements—insurance adjusters often try to minimize payouts.
5. Consult a Car Accident Lawyer
Uninsured/underinsured motorist claims can be complicated, especially if your own insurance company refuses to pay your full damages. An experienced attorney can:
- Review your policy to see what coverage applies
- Negotiate with your insurer to maximize your payout
- File a lawsuit against the at-fault driver if necessary
A lawyer ensures you receive fair compensation instead of being shortchanged by insurance companies.
Challenges in Uninsured/Underinsured Motorist Claims
Even if you have UM/UIM coverage, getting your insurance company to pay what you deserve isn’t always easy. Common challenges include:
- Claim Denials – Insurers may wrongfully deny UM/UIM claims to avoid payouts.
- Lowball Settlement Offers – Insurance companies may offer less than your claim is worth.
- Delays in Processing – Some insurers drag out the claims process, hoping you’ll accept a smaller payout.
If you’re dealing with insurance company resistance, an attorney can fight back and demand full compensation.
Can You Sue an Uninsured Driver in Pennsylvania?
You can file a personal injury lawsuit against an uninsured driver, but there’s a major drawback:
- Many uninsured drivers don’t have the financial resources to pay for medical bills, lost wages, or pain and suffering.
- Even if you win a court judgment, collecting compensation may be difficult.
This is why UM/UIM coverage is crucial—it protects you when the at-fault driver cannot pay for your damages.
How Do Uninsured and Underinsured Motorist Claims Work in Pennsylvania?
If the other driver does not have insurance or lacks enough coverage, you may need to file a claim through your own insurance policy. However, these claims are not always straightforward.
Filing an Uninsured Motorist (UM) Claim:
- You notify your insurance provider that the at-fault driver was uninsured.
- Your insurance company reviews the claim and determines eligibility.
- If approved, UM coverage pays for medical expenses, lost wages, and pain and suffering up to the policy limit.
Filing an Underinsured Motorist (UIM) Claim:
- You first file a claim against the at-fault driver’s insurance.
- If their policy does not cover all of your damages, you then file a UIM claim with your own insurer.
- UIM coverage helps pay for remaining medical costs, lost income, and non-economic damages.
Many insurance companies try to limit payouts, so working with a lawyer ensures you receive the full compensation you deserve.
What Happens If an Uninsured Driver Flees the Scene?
A hit-and-run accident can be devastating, and if the other driver flees the scene, you may feel helpless. However, there are still ways to recover compensation:
Steps to Take After a Hit-and-Run Accident
- Call 911 – A police report helps track down the driver and supports your claim.
- Gather Evidence – Take photos of the scene, vehicle damage, and any witness statements.
- Check for Security Cameras – Nearby businesses or traffic cameras may have captured the hit-and-run driver’s vehicle.
- File a Claim Under Uninsured Motorist Coverage – If the driver is never found, your UM coverage can help pay for damages.
Even if the hit-and-run driver is identified, they may lack insurance—making UM coverage essential.
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Can I Sue My Insurance Company If They Deny My UM/UIM Claim?
If your own insurance company wrongfully denies or underpays your uninsured/underinsured motorist claim, you may have grounds for a bad faith insurance lawsuit.
What Constitutes Insurance Bad Faith?
- Unjustified claim denials without a proper investigation.
- Deliberate delays in processing your claim.
- Lowball settlement offers that do not cover your damages.
- Failure to communicate or explain policy limits and claim options.
If your insurance company fails to act in good faith, you may be entitled to additional compensation beyond your UM/UIM coverage.
What If I Was Partially at Fault for the Accident?
Pennsylvania follows a modified comparative negligence rule, meaning:
- You can still recover compensation if you were less than 51% at fault.
- Your compensation is reduced by your percentage of fault.
For example:
- If your damages total $100,000 but you are 20% at fault, you will receive $80,000.
- If you are found 51% or more at fault, you cannot recover damages.
Insurance companies often try to shift blame to reduce their payout, making legal representation critical.
Should I Accept a Settlement Offer from My Insurance Company?
Insurance companies often offer quick settlements to accident victims, but these offers are rarely fair. Before accepting, consider:
- Does the settlement cover future medical bills?
- Have you fully recovered, or will you need long-term treatment?
- Does the offer compensate for pain, suffering, and emotional distress?
If you accept a low settlement too soon, you may lose the right to seek further compensation. Consulting a lawyer ensures you receive the full amount you’re owed.
What If My Insurance Premium Increases After Filing a UM/UIM Claim?
Many accident victims hesitate to file UM/UIM claims because they worry about their insurance premiums increasing. However, in Pennsylvania:
- Insurance companies cannot legally raise rates for claims where you were not at fault.
- UM/UIM claims are filed against your own policy, but they do not count as an at-fault accident.
If your insurer unfairly raises your rates, you may have grounds to challenge their decision.
The Role of Witness Testimony in Uninsured/Underinsured Motorist Claims
If you’re involved in a hit-and-run accident or an uninsured driver dispute, witness testimony can be crucial in proving:
- How the accident happened and whether the other driver was at fault.
- Whether the other driver admitted they had no insurance.
- How severe the impact was (which may support injury claims).
Collecting witness statements at the scene can strengthen your case, especially when insurance companies challenge liability.
What If the At-Fault Driver Offers to Pay Out-of-Pocket?
Some uninsured drivers offer to pay out-of-pocket to avoid legal trouble. However, accepting a private settlement is risky because:
- They may not follow through on their promise to pay.
- They may offer far less than your medical bills and vehicle repairs cost.
- You waive your right to future legal action if you accept their payment.
Instead of accepting cash on the spot, file a police report and contact your insurance company.
What If My UM/UIM Coverage Is Not Enough to Cover My Expenses?
Even if you have uninsured/underinsured motorist coverage, your damages may exceed policy limits. If this happens, other potential compensation sources include:
- Personal Injury Lawsuit Against the At-Fault Driver – If they have assets, you may be able to collect a court judgment.
- Your Health Insurance – If UM/UIM coverage isn’t enough, your health insurer may cover additional medical expenses.
- Med Pay Coverage – Some auto policies include medical payments coverage, which helps with immediate medical bills.
An attorney can help you identify every possible source of compensation.
How Can an Attorney Help with an Uninsured/Underinsured Motorist Claim?
Insurance companies often try to deny or reduce UM/UIM payouts, but an experienced attorney can:
- Review your insurance policy to determine available coverage.
- Negotiate with your insurance company to maximize your payout.
- File a lawsuit if your insurer wrongfully denies your claim.
- Help you pursue additional compensation through personal injury lawsuits or other legal avenues.
With legal representation, you stand a better chance of securing full compensation.
Why Choose Oakes Firm for Your Uninsured/Underinsured Motorist Claim?
At Oakes Firm, we understand how frustrating it is to deal with an accident involving an uninsured driver. We help clients:
- Negotiate with their own insurance companies for full UM/UIM coverage payouts.
- File personal injury lawsuits against at-fault drivers when possible.
- Pursue every available compensation option to cover medical bills, lost wages, and more.
We fight for car accident victims in Philadelphia, Miami, and Boston, and we work on a contingency fee basis—meaning you don’t pay unless we win.
Contact a Philadelphia Car Accident Lawyer Today
If you were hit by an uninsured or underinsured driver, you don’t have to face the insurance battle alone. Let Oakes Firm handle your claim and fight for the compensation you deserve.
Call (267) 310-0656 today for a free consultation with a Philadelphia car accident lawyer.