There are over 9.1 million licensed drivers in Pennsylvania, with an estimated 7.6 percent of those motorists driving uninsured. Although a troubling figure, thousands more drive underinsured. Underinsured drivers are a cause for concern, resulting in injured motorists not having access to the compensation they deserve.
If you were hit by an underinsured driver in Pennsylvania, you may be unable to recover the amount you need to cover lost income and your medical bills. Keep reading to learn what legal options you may have in this situation.
No-Fault Coverage
Pennsylvania is a “no-fault” state when it comes to car insurance claims. This means that no matter who is responsible for the crash, each driver will file a claim with his or her respective car insurance. However, this only applies to bodily injury claims. Property damage claims will be filed with the at-fault driver’s insurance company.
Pennsylvania drivers can purchase limited tort or full tort coverage. If you have limited tort insurance, you will only be compensated for economic damages if an at-fault motorist hits you. This will cover lost income, medical expenses, and other out-of-pocket costs you incur. Pain and suffering damages are not covered under a limited tort policy unless you can prove that your injuries are serious, as defined by state law.
If you select full tort coverage, any economic and non-economic losses you suffer will be covered. Basically, you can exit the “no-fault system,” making it much simpler to sue the at-fault driver if necessary.
Minimum Liability Insurance in PA
By law, drivers in Pennsylvania must have the minimum liability insurance:
- $15,000 for the death or injury of one person
- $30,000 for death or injury of more than one person
- $5,000 in property damage
Anyone driving without this minimum coverage is underinsured. Below, we discuss the options available to you if you are in an accident with an underinsured driver.
File an Underinsured Motorist Claim
The Commonwealth of Pennsylvania allows drivers to purchase uninsured/underinsured motorist (UM/UIM) coverage, additional coverage to a standard liability policy. This will cover medical expenses and lost wages for drivers and their passengers if they are hit by an at-fault driver. However, this additional coverage does not apply to claims for property damage.
Sue The At-Fault Driver
As discussed, it is much simpler to sue the other driver if you have “full tort” coverage since you do not need to have severe injuries to do so. Before filing a lawsuit, it is important to know the other driver’s financial situation. If they do not have the personal assets that cover your losses, then pursuing litigation is probably not a good option.
Additionally, if an underage drunk driver hits you, you may be able to take legal action against the person who provided the driver with the alcohol. Under Pennsylvania Dram Shop Law, a social host is liable for third-party injuries if he or she served the minor the alcohol, knowing that the individual was intoxicated and would soon be driving.
Gathering the evidence to prove social host liability is tricky, requiring the skills of an experienced Pennsylvania personal injury attorney.
Speak with a PA Personal Injury Attorney Now
A motor vehicle crash can be detrimental to your physical and emotional health. The impact of a crash does not stop there, also affecting your checkbook. If you have suffered an injury due to another driver’s negligence, our PA personal injury attorney wants to hear from you. To schedule your consultation, contact us online or by phone at 717-231-5219.