Being hit by a driver who doesn’t have insurance can make things difficult in some cases. If your own insurance has the right coverages to pick up the slack, it might not be too big of an issue at the end of the day, but getting full compensation might be hard.
Because Pennsylvania uses a choice no-fault insurance system, a victim’s own insurance might have enough coverage to pay them for an accident whether the other driver has insurance or not. If the at-fault driver in your crash was uninsured or underinsured, you might also have UM/UIM coverage to make up the difference. In some cases, you also might be able to sue the driver directly, getting damages that way.
For help with a car accident case, especially if you have serious injuries, call The Reiff Law Firm’s Philadelphia car accident attorneys today at (215) 709-6940.
How Pennsylvania’s “Choice No-Fault” System Works With Uninsured Drivers
Under Pennsylvania law, every driver needs to have insurance. This insurance can either be “limited tort” or “full tort” insurance, which makes a difference when it comes to your ability to sue the at-fault driver. In both cases, your own insurance will have coverages that pay you in the event of a crash before you even need to consider getting damages from the other driver for your injuries.
Pennsylvania State Minimum Insurance
Pennsylvania drivers are required to have insurance that meets a “15/30/5” standard. This means having liability insurance that covers at least $15,000 per person for injuries, $30,000 per accident for injuries, and $5,000 per accident for property damage. This is quite a low insurance minimum, and many accidents are automatically going to cost more than this to set right.
In addition to this, auto insurance has to have at least $5,000 for “medical benefits.” These are first-party benefits that your insurance pays to you or anyone injured in your vehicle, regardless of who caused the crash. You can get higher benefits than this, but this will at least mean that $5,000 is covered even if the other driver doesn’t have insurance.
If the at-fault driver has state minimum insurance, this means there will be $15,000 from their insurance and $5,000 from your insurance. Many crashes need far higher than this in compensation, so being injured by a driver with Pennsylvania’s state minimum insurance is likely going to fit into the situation of an “underinsured” at-fault driver.
Optional Coverages: First-Party Benefits and UM/UIM
On top of these benefits, your insurance can have additional coverages that might help cover you regardless of fault.
The first is an array of first-party benefits that can cover your medical bills, lost wages, and other damages (such as vehicle repairs) in the event of a crash. You usually need to pay a deductible for these coverages to kick in, but they cover you whether the other driver has insurance or not. Many policies start at $100,000 and may have “extraordinary medical benefits” coverages for medical bills higher than this, covering up to $1 million.
Uninsured motorist (UM) and underinsured motorist (UIM) coverage are the other major optional coverage that pay you when the other driver doesn’t have insurance or doesn’t have enough insurance. These are again paid by your own insurance, but they cover what the other driver should have paid you if they had insurance (or had better insurance). Your policy might have different options for how much the limit is on UM/UIM coverage, including whether policies stack or not.
If you have these coverages on your policy, you may be able to get a lot of your bills and damages covered all from your own insurance, meaning it ultimately won’t matter if the other driver was uninsured or underinsured.
Full Tort vs. Limited Tort
Most states either work as “tort”/“at-fault” insurance states, where the at-fault driver’s insurance covers the victim’s damages, or as “no-fault” states, where your own insurance covers you regardless of fault. In no-fault states, you usually have to use your insurance first, and you cannot sue unless your case meets certain thresholds. Pennsylvania law uses first-party benefits but allows you a choice as to whether you can keep your right to sue or not.
If you have a “limited tort” policy, you often have to rely on your first-party benefits alone, as you also cannot sue the at-fault driver or file a claim against their liability insurance without meeting certain requirements under 75 Pa.C.S. § 1705(d)(1). If your injuries are severe enough or if the driver does ARD for drunk driving after the crash, for example, you can still sue. If you have a “full tort” policy, you can sue for any crash, but the policy is generally a bit more expensive.
If your ability to sue the at-fault driver is not blocked by your policy, then you can always go after the at-fault driver directly for damages. This is often the best way to get pain and suffering damages covered, as they are not usually paid through your insurance. However, lawsuits are always based on whether the defendant can afford to pay you; if they have no assets or money, then it is unlikely you will actually be able to get payment from them, even with a court order. However, if they do have money to cover your injuries and pain and suffering, our Chester County, PA car accident lawyers will be able to fight for every dollar you deserve in a lawsuit.
Personal Injury vs. Vehicle Damage in a Crash with an Uninsured Driver in Pennsylvania
All of these rules discussed above are for personal injury. Drivers must carry at least $5,000 in liability insurance for property damage in a car crash, but the first-party benefits discussed above cover personal injury, medical bills, lost earnings, and so on rather than property damage. There are, however, options for first-party coverage – called “collision” coverage – that can take care of your repairs whether the other driver has insurance or not.
If they have the $5,000 state minimum insurance and it is enough to cover your vehicle damage, it might be best to get the payment from them. Otherwise, your own collision coverage usually has a $500 deductible to get your car fixed up after a crash.
Call Our Pennsylvania Car Accident Lawyers Today
Call (215) 709-6940 for a free case evaluation with the experienced Aston, PA car accident lawyers at The Reiff Law Firm today.
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