Uninsured and Underinsured Motorist Accident Attorney
If you or a loved one suffers personal injury or death from a car accident with an uninsured or underinsured driver, you may be feeling vulnerable and unsure about how to cover the costs of damages and medical expenses. Typically, if the at-fault driver lacks insurance, your own insurance policy’s uninsured motorist coverage comes into play. This coverage is designed to protect you financially, covering damages and medical bills up to the limit of your policy.
However, navigating the claims process can be complicated, and understanding your rights and the best course of action often requires the expertise of the skilled Philadelphia auto accident lawyers at PhillyLaw who specialize in uninsured motorist claims. Call us today for a free consultation if you have been injured in an auto accident with an uninsured driver.
How Car Insurance Works in Pennsylvania
Pennsylvania car insurance operates under a choice no-fault system, providing drivers with the option to choose between “full tort” and “limited tort” insurance for coverage in the occurrence of a car accident.
Full Tort Insurance
Choosing “full tort” insurance gives Pennsylvania drivers the unrestricted right to sue for pain and suffering following a car accident. This option, while typically more expensive in terms of premiums, does not limit compensation to physical injuries and medical costs alone. With full tort coverage, you can seek financial redress for emotional distress and other noneconomic damages, offering more comprehensive protection than its “limited tort” counterpart.
Limited Tort Insurance
Limited tort insurance in Pennsylvania allows for a lower premium cost but has certain restrictions on the ability to sue for non-monetary damages. Under a limited tort policy, you can still receive compensation for all medical and other out-of-pocket expenses as a result of a car accident. However, unless your injuries meet a legally defined threshold of severity, often referred to as a “serious injury,” you may be unable to sue for pain and suffering. This threshold typically includes significant impairments that affect a person’s ability to perform daily activities. Choosing limited tort coverage can offer savings on premiums but it is important to understand the prospective limitations on recovering for pain and suffering.
Requirements Under Pennsylvania Law for All Drivers
Pennsylvania law requires all drivers to carry a minimum amount of auto insurance, which includes Personal Injury Protection (PIP) to cover medical expenses regardless of who is at fault for an accident, as well as liability insurance to cover damages to others if you are at fault. Understanding these choices and the coverage they provide is crucial for drivers in Pennsylvania to protect themselves financially in the event of an accident, particularly if the at-fault driver was uninsured at the time of the auto accident.
Will Your Insurance Company Compensate You?
Dealing with the aftermath of an accident with an uninsured motorist raises a critical question: Will my insurance company cover me? Fortunately, if you have uninsured motorist coverage as part of your auto insurance policy, you should be covered. This specific coverage is designed to step in and cover damages and medical expenses up to the limits of your policy, ensuring you are not financially burdened by the irresponsible actions of an uninsured driver.
It’s imperative to file a claim with your insurance company immediately after the accident and provide all necessary documentation to facilitate the claims process. Understanding the specifics of your coverage and working closely with your insurance provider will help ensure that your claim is processed smoothly and efficiently.
What if the Other Driver was Uninsured?
If the other driver involved in the car accident in Pennsylvania was insured, the process for obtaining compensation for your losses becomes somewhat more straightforward. Initially, a claim would be filed against the at-fault driver’s insurance policy. Pennsylvania’s at-fault insurance system means that the insurance company of the driver who caused the accident is responsible for covering the damages and losses. However, it’s important to remember that dealing with another person’s insurance company can still be complex and fraught with challenges. They may attempt to minimize the compensation you receive or dispute the claim’s legitimacy. In such instances, having the support and representation of an experienced Philadelphia motorist accident attorney can be invaluable in negotiating fair compensation and navigating the complexities of insurance claims.
What is an Uninsured Driver?
An uninsured driver in Pennsylvania refers to an individual operating a vehicle without the mandatory auto insurance coverage required by state law. Pennsylvania law mandates that all drivers carry a minimum level of insurance, which includes Personal Injury Protection (PIP) and liability insurance. An uninsured driver lacks this compulsory coverage, leaving them without financial protection in the event of an accident and potentially subjecting them to legal penalties. Driving uninsured not only exposes the driver to significant risk but also places other road users in financial jeopardy should an accident occur.
What is an Underinsured Driver in Pennsylvania?
An underinsured driver in Pennsylvania is a motorist whose auto insurance coverage limits are too low to cover the full extent of damages or medical expenses resulting from an accident they cause. While these drivers have insurance, their policy limits are not sufficient to fully compensate the injured party for their losses. In such cases, your underinsured motorist coverage (UIM) can provide additional compensation beyond what the at-fault driver’s insurance can offer, up to the limits of your own UIM policy. This coverage is crucial for protecting yourself against situations where the other party’s insurance is inadequate to cover all associated costs stemming from an accident.
Uninsured Motorist Coverage
Uninsured motorist coverage in Pennsylvania is an essential part of your auto insurance policy designed to protect you financially if you’re involved in an accident with a driver who is at fault and does not have auto insurance. This form of coverage is designed to ensure that you and your passengers will not be left covering the full burden of damages and medical costs out-of-pocket.
Specifically, uninsured motorist coverage can compensate you for bodily injury and, depending on your policy specifics, may also cover property damage caused by an uninsured or hit-and-run driver. It’s important to note that while Pennsylvania law mandates certain types of auto insurance, uninsured motorist coverage is optional. However, given the risks associated with uninsured drivers, electing this coverage is a prudent decision for comprehensive financial protection on the roads. In addition, it is important to note that Pennsylvania law requires that a hit-and-run accident must be reported to the police within 30 days of the accident.
What If I Do Not Have Uninsured Coverage with My Insurance Company
If you do not have uninsured motorist coverage as part of your insurance policy and find yourself in an accident caused by an uninsured driver, your options for financial recovery may be significantly limited. Without this coverage, you are responsible for covering all repair costs to your vehicle, medical bills, and any other related expenses out of your own pocket. This can be a financially devastating situation, especially if the damages and medical expenses are substantial. It highlights the importance of carefully considering the inclusion of uninsured motorist coverage in your policy, providing you with an important safety net. Additionally, victims may explore legal avenues to seek compensation from the uninsured driver, although this process can be lengthy and there is no guarantee of recovery if the uninsured driver lacks the financial resources to pay for the damages caused.
Underinsured Motorist Coverage
Underinsured motorist coverage is a component of your auto insurance policy designed to protect you when you’re involved in an accident with a driver whose liability limits are too low to cover the damage or medical expenses. It’s an important safety net that kicks in to cover the shortfall between the at-fault driver’s coverage and your actual costs, up to the limit of your policy. This type of coverage is especially valuable in accidents resulting in significant medical bills or property damage, ensuring you’re not left to cover the difference out of your own pocket. Like uninsured motorist coverage, the specifics and requirements of underinsured motorist coverage can vary by state, making it crucial to understand how it works within the context of your insurance policy and local laws.
Steps to File an Uninsured Motorist Claim in Pennsylvania
When you’re involved in an accident with an uninsured or underinsured driver in Pennsylvania, it’s crucial to act promptly and follow the correct procedures to file a claim with your insurance. Here is a step-by-step guide on how to do so:
- Report the Accident: Immediately following the accident, ensure everyone’s safety and call the police to report the incident. A police report is a vital document when filing any auto insurance claim, including those involving uninsured or underinsured motorists.
- Document Everything: Take detailed notes and photographs of the accident scene, all vehicles involved, and any visible injuries. Gather contact information from any witnesses. This documentation will support your claim.
- Notify Your Insurance Company: Contact your insurance provider as soon as possible to report the accident. Most policies require prompt reporting for uninsured and underinsured motorist claims.
- Review Your Policy: Familiarize yourself with the specifics of your insurance policy, focusing on the uninsured/underinsured motorist coverage portion. Understanding the limits and terms of your coverage will help you know what compensation you may be entitled to.
- Submit a Claim: Your insurance company will guide you through the process of officially filing your claim. This typically involves completing specific forms and providing the documentation you’ve collected.
- Cooperate with Your Insurer: Once your claim is filed, your insurance company may request additional information or documentation. Cooperate fully and provide whatever is needed promptly. They may also arrange for an assessment of the damage to your vehicle.
- Claim Evaluation: The insurance company will evaluate your claim, which includes verifying the details of the accident, reviewing medical reports if injuries were involved, and assessing vehicle damage. This process determines the amount of compensation you’re eligible to receive.
- Settlement: If the claim is approved, your insurance company will offer a settlement up to the limit of your underinsured/uninsured motorist coverage. Review the offer carefully to ensure it covers your expenses and losses. If you agree to the terms, you’ll receive compensation.
- Legal Consultation (if necessary): If disagreements arise during the claim process or you’re unsatisfied with the settlement offer, consulting with an attorney from PhillyLaw experienced in motor vehicle insurance law in Pennsylvania can provide guidance and assist in negotiations and settlement.
By following these steps and working closely with your insurance provider, you can effectively manage the aftermath of an accident with an uninsured or underinsured driver and secure the financial compensation you’re entitled to under your policy.
We Understand Pennsylvania Insurance Law So You Can Focus on Recovery from Your Car Accident
At PhillyLaw, we possess in-depth knowledge and experience in dealing with car accidents with uninsured drivers in Pennsylvania. Our skilled legal team is adept at navigating the complexities of insurance laws, ensuring your rights and interests are fiercely protected. We understand the stress and financial strain an accident with an uninsured driver can impose. Therefore, our approach is tailored to manage every aspect of your case, from filing the claim to negotiating with insurance companies so that you can concentrate on your recovery. Trust in PhillyLaw to safeguard your right to fair compensation, alleviate the burdens of legal processes and maximize your financial recovery. See our car accident lawyers for a free consultation to better learn your options if you have been involved in a car accident with an uninsured driver.