When you are hurt in a collision with a driver who does not have insurance, you generally turn to your own insurance policy to cover your medical bills and lost wages. In Pennsylvania, your first source of recovery is typically your Personal Injury Protection (PIP) and your Uninsured Motorist (UM) coverage.
These portions of your policy exist specifically to provide financial support when the person responsible for the crash fails to carry the state-mandated insurance.
After seeking medical attention for your injuries, the next step is to locate your own auto insurance policy paperwork. In Pennsylvania, we follow a “no-fault” system for medical bills. This means your own insurance company pays for your initial medical treatment, no matter who was at fault for the crash.
You should look for the “Declarations Page” of your policy. This document lists your coverage limits. Specifically, look for “Medical Benefits” and “Uninsured Motorist” coverage. If you were hit by a driver who fled the scene or who admits they do not have a policy, your Uninsured Motorist coverage is what will address your physical pain, emotional distress, and any medical costs that exceed your basic PIP limits.
It is important to remember that even though you are dealing with your own insurance company, they may not automatically offer the full amount you need. Insurance companies are businesses, and they often try to settle claims for as little as possible.
Having a clear record of your injuries and how they affect your daily life—like being unable to walk through the Jimmy Stewart Museum or attend a football game at Penn State—is helpful when seeking accountability.
Pennsylvania law is unique compared to many other states. Under the Pennsylvania Motor Vehicle Financial Responsibility Law, every driver must carry at least $5,000 in medical benefits. This is the “no-fault” portion mentioned earlier. Even if the other driver has zero insurance, your own $5,000 (or higher, if you chose more) will go toward your hospital bills and physical therapy.
However, $5,000 does not go very far if you have a broken bone or a back injury. This is where Uninsured Motorist (UM) coverage becomes essential. While the law requires insurance companies to offer UM coverage, Pennsylvania allows drivers to opt out of it in writing. If you did not sign a waiver to reject this coverage, you likely have it.
UM coverage steps into the shoes of the driver who hit you. It is meant to provide the money that the other driver’s insurance would have provided if they had been responsible and followed the law. This can cover:
Understanding these different layers of insurance is the first step toward getting the financial help you need to move forward.
In Pennsylvania, you must choose between “Full Tort” and “Limited Tort” when you buy insurance. This choice has a huge impact on who pays for your injuries if the other driver is uninsured. If you have Full Tort, you maintain the right to seek financial recovery for all your damages, including pain and suffering, no matter how minor the injury.
If you have Limited Tort, you have given up the right to seek compensation for “non-economic” damages (like pain and suffering) unless your injury is considered “serious.” The law defines a serious injury as one that results in:
However, there are exceptions. If the driver who hit you is driving a vehicle registered in another state or is convicted of driving under the influence (DUI), you may be automatically moved to the “Full Tort” category, even if you originally chose Limited Tort.
These choices on your policy determine the path of your recovery. It is a complex system, and many people do not realize what they signed until after a crash happens.
You might wonder what happens if you were a passenger in someone else’s car or if you were hit while walking in downtown Indiana. Pennsylvania has a “priority of coverage” system. This is a list that determines which insurance company must pay first.
If you do not own a car and do not have an auto policy, you may be covered by the policy of a family member you live with. This is called “household coverage.” If there is no household coverage available, you may be able to seek benefits from the insurance of the vehicle you were riding in.
For pedestrians who do not have their own insurance, the insurance of the vehicle that hit them usually covers their medical bills—but if that driver is uninsured, there is a state fund called the Assigned Claims Plan.
The Pennsylvania Assigned Claims Plan provides limited benefits to people who have no other insurance available to them. This plan can help cover up to $5,000 in medical bills and up to $15,000 for other losses, though the rules for qualifying are very strict.
To successfully recover money from a UM claim, you must prove two things: first, that the other driver was at fault for the crash, and second, that the other driver truly did not have insurance. Proving the lack of insurance can sometimes be difficult if the driver gave false information at the scene or if it was a hit-and-run incident.
In hit-and-run cases, Pennsylvania law generally requires that there was actual physical contact between the vehicles for UM coverage to apply. If a “phantom vehicle” cut you off and caused you to crash but did not touch your car, your insurance company might try to deny the claim. Collecting evidence from home after you are safe can include:
Keeping these documents organized in one place will make it much easier to prove your case when the insurance company asks for proof of your losses.
Time is a factor that many people overlook while they are focused on their physical recovery. In Pennsylvania, the statute of limitations for personal injury claims is generally two years. This means you have two years from the date of the accident to file a lawsuit.
While two years might seem like a long time, it moves quickly. Evidence can disappear, and memories of the crash can fade. Additionally, your insurance policy may have specific requirements about how quickly you must notify them of an uninsured motorist claim. If you wait too long to tell your insurance company that you were hit by an uninsured driver, they might try to argue that they were “prejudiced” by the delay and refuse to pay.
Starting the process as soon as you are physically able is the best way to ensure that your rights are protected.
It is a common misconception that your own insurance company will be “on your side” because you are their customer. Unfortunately, when you file an Uninsured Motorist claim, your interests and the insurance company’s interests become opposite. They want to pay the least amount possible, and you need the full value of your claim to recover.
Insurance adjusters may call you and ask for a recorded statement. They might seem friendly, but they are often looking for reasons to blame you for the crash or to suggest your injuries are not as bad as you say. You are not required to give a recorded statement immediately. You have the right to speak with a legal professional before providing information that could be used to devalue your claim.
Advocating for yourself means being careful about what you say and ensuring that every piece of medical evidence is presented clearly.
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When a person is hurt by someone without insurance, they often have many questions about how the legal and financial process will unfold.
Yes, you can file a lawsuit against the individual driver. However, most people who do not have insurance also do not have significant assets or money in the bank. This means that even if you win a judgment in court, it may be impossible to actually collect the money. This is why pursuing a claim through your own Uninsured Motorist coverage is usually the most effective way to get the funds you need for your recovery.
In Pennsylvania, insurance companies are generally prohibited from raising your premiums if you were not at fault for the accident. Since an Uninsured Motorist claim is based on the other driver being at fault, filing this claim should not cause your rates to increase. It is a protection you have already paid for through your monthly or yearly premiums.
Uninsured Motorist coverage typically focuses on bodily injuries. Damage to your vehicle is usually covered under your “Collision” coverage. If you do not have collision coverage, some policies offer “Uninsured Motorist Property Damage” (UMPD), but this is less common in Pennsylvania than in some other states. You should check your declarations page to see if you have collision or UMPD listed.
This is known as an “Underinsured Motorist” (UIM) claim. It is similar to an Uninsured Motorist claim, but it applies when the at-fault driver has some insurance, but their limits are too low to pay for all your damages. For example, if the driver has the state minimum of $15,000 but your medical bills are $50,000, your own UIM coverage would help pay the remaining $35,000.
If you are struggling with medical bills and physical pain after a crash with an uninsured driver, you deserve to have someone in your corner who means business. At Marcus & Mack, we have over 100 years of combined legal experience helping people across Pennsylvania seek justice. We understand the games insurance companies play, and we are here to hold them accountable for the coverage you have paid for.
Our team is available 24 hours a day, 365 days a year, to answer your questions and provide the support you need during this difficult time. We work on a contingency fee basis, which means you do not owe us any attorney fees unless we recover financial compensation for you.
Whether you are in Indiana, State College, DuBois, Altoona, or Johnstown, we are part of your community and ready to fight for what is right. Call Marcus & Mack today to schedule your free consultation and take the first step toward changing your life for the better.
