In Pennsylvania, all motorists are required by law to have a minimum mandatory liability coverage. However, a significant share of drivers violate that requirement. The Insurance Information Institute (III) reports that approximately 11 percent of motorists in Pennsylvania are unlawfully uninsured. In other words, you likely pass uninsured drivers every time you drive.
A crash with an uninsured driver can be especially stressful. At Gibbons Legal, we have extensive experience with PA uninsured motorist coverage. Within this article, our Philadelphia car accident attorney explains what you should do after a crash with an uninsured driver in Southeastern Pennsylvania.
Know the Law: Minimum Mandatory Auto Insurance Requirements in Pennsylvania
You need liability coverage to lawfully operate a motor vehicle in the Commonwealth of Pennsylvania. Pennsylvania law mandates minimum liability coverage for every registered motor vehicle. Under 75 Pa.C.S. § 1702 and 75 Pa.C.S. § 1705, drivers must maintain bodily injury liability coverage of at least $15,000 per person and $30,000 per accident. They must all maintain at least $5,000 in property damage coverage. These minimums establish the baseline financial responsibility required to compensate others for crash-related harm. To be clear, it makes sense for most drivers to carry liability coverage that is above the minimum mandatory limits.
Note: The failure to carry the required coverage exposes a driver to registration suspension, fines, and license penalties. From a civil liability perspective, an uninsured driver remains legally responsible for damages caused by negligence.
What to Know About Uninsured Motorist Coverage in Pennsylvania
Uninsured motorist coverage is designed to protect insured drivers when the at-fault party lacks liability insurance. In Pennsylvania, uninsured motorist coverage applies when the negligent driver:
- Has no liability insurance at all;
- Has insufficient insurance to cover the damages; and/or
- Cannot be identified (hit-and-run crash).
The coverage operates as a first-party claim against your own insurer. The insured must still prove fault, causation, and damages. The legal burden mirrors a negligence claim against the at-fault driver, but the opposing party is your insurance carrier. Policy language controls the scope of coverage. Limits vary, and stacking may apply depending on how the policy was purchased and whether stacking was waived.
Common Misconceptions About Uninsured Motorist Coverage in PA
Uninsured motorist coverage cases can be complicated. There are a lot of myths about how this type of insurance coverage actually works. Here are some key misconceptions to be aware of:
- Uninsured Motorist Coverage is Automatic: False. Many drivers assume uninsured motorist coverage applies by default. That assumption is wrong. Pennsylvania insurers must offer uninsured motorist coverage, but policyholders can reject it in writing. If the coverage was waived, no benefits are available after a crash with an uninsured driver. You should make sure that you have uninsured motorist insurance coverage.
- Uninsured Motorist Cases are Easier Because You are Dealing With Your Own Insurer: False. The big insurance companies are not on your side. That is true even when you are dealing with your own insurer. Many drivers assume uninsured motorist coverage applies by default. That assumption is wrong. Pennsylvania insurers must offer uninsured motorist coverage, but policyholders can reject it in writing. If the coverage was waived, no benefits are available after a crash with an uninsured driver.
- Uninsured Motorist Coverage Does Not Cover Minor Injuries: False. Some injured victims hesitate to pursue uninsured motorist benefits for injuries that appear minor at first. That hesitation is costly. Soft tissue injuries, spinal trauma, and head injuries often worsen over time. Delayed treatment and delayed claims give insurers grounds to dispute causation. Uninsured motorist coverage exists precisely to address these incidents. If you were hurt in a crash in Philadelphia, you should pursue full and fair compensation.
- Uninsured Motorist Claims Are Quick and Simple: False. Not every claim is a huge fight, but it would be a mistake to view uninsured motorist claims as quick, simple legal cases. Many injured victims believe uninsured motorist claims resolve faster than third-party claims because liability is clear. That is rarely true. These claims often involve extended investigation, medical reviews, and coverage disputes. Insurers may delay decisions.
Car Accident Victims in Philadelphia Deserve Full and Fair Financial Compensation
Were you hurt in a motor vehicle wreck with an uninsured driver in Philadelphia? You have the right to seek compensation for the full value of your damages, including both economic losses and non-economic losses. Do not trust any insurance company to look out for your financial interests. Our Philadelphia uninsured motorist accident attorneys have the skills and experience to help you secure the maximum financial recovery, including for:
- Property damage, including vehicle repairs;
- Ambulance costs and emergency room care;
- Hospital bills and other medical expenses;
- Rehabilitative medical care;
- Loss of current and future wages;
- Pain and suffering & emotional distress;
- Long-term physical disability;
- Wrongful death of an immediate family member.
Why Car Accident Victims Trust Our Philadelphia Uninsured Motorist Lawyer
Uninsured motorist coverage can be complicated. Knowing what to do to deal with a claim is not easy. If you were hurt by an uninsured driver in Philadelphia or elsewhere in Southeastern Pennsylvania, professional legal representation is just a phone call away. Our case results and client testimonials tell the story best of what we can do for victims and their families. Your initial consultation with our Philadelphia uninsured motorist lawyer is free, confidential, and carries zero additional obligations.
Get Help From Our Philadelphia Uninsured Motorist Lawyer for a Free Case Review
At Gibbons Legal, Personal Injury and Accident Lawyers, our Philadelphia car accident attorney has extensive experience handling uninsured motorist claims. If you were hurt in a crash with an uninsured driver, we can help. Call us now or contact us online today to set up your free, no strings attached initial case review. From our law office in the 19103 zip code of Philadelphia, we handle uninsured motorist claims throughout the broader region, including in 19146, 19123, 19139, 19132, and 19145.
