Someone Hit Me and They Do Not Have Insurance, What Should I Do?

Each year, more than 6 million motor vehicle crashes occur, with roughly 2.5 million people visiting the ER for accident-incurred injuries. Following a crash, even if you sustained minor injuries, you could experience losses that may make it difficult to financially hold on. In Pennsylvania, you do have the option to file a personal injury protection (PIP) claim with your own insurance company to recover lost wages and medical expenses.

At HGSK Injury Lawyers, we are devoted to helping individuals obtain their entire extent of damages, helping them to move forward more easily. If you or a loved one have recently been hit by an uninsured driver, do not hesitate to contact our Allentown car accident attorneys.

Overview of Pennsylvania Car Insurance

The Commonwealth of Pennsylvania offers two different policies to drivers: a full tort policy and a limited tort policy. Under limited tort coverage, although you will be compensated for economic damages (actual financial losses), you will need to suffer a serious injury to pursue noneconomic damages, such as pain and suffering. Under a full tort policy, you will be entitled to both economic and noneconomic damages, regardless of the severity of your injuries.

Since Pennsylvania is a no-fault state, you will be able to file for lost wages and medical expenses under PIP. However, PIP typically only covers 60% of lost wages and 80% of reasonable and necessary medical expenses. This applies to the policyholder and any passengers, regardless of who caused the crash. The limit is up to $10,000.

Additionally, Pennsylvania is one of three states that requires its drivers to carry MedPay, which is more limited in scope than PIP. MedPay applies to medical expenses for a policyholder and their passengers if a family member drove the insured’s vehicle and if any bicyclists or pedestrians are injured. Like PIP, a MedPay claim can be filed regardless of fault. MedPay coverage starts at $5,000 per person.

What Should I Do if I suffered Injuries and the Other Driver does not have Insurance?

File an Uninsured Motorist Claim

If you have sustained more serious injuries and the other driver is uninsured, you may need to file an uninsured motorist claim. Under Pennsylvania law, all drivers must be offered uninsured motorist coverage. If a motorist chooses to reject it, he or she must do so in writing.

File Claims with Your Health Insurer

When drivers do not have enough PIP or MedPay coverage or if the other driver is uninsured, you do have the option to file claims through your health insurance. Since the insurance company will conduct a thorough investigation, the claims process may be much slower than filing through your auto insurance.

File a Personal Injury Lawsuit

If you do not carry uninsured motorist coverage or if your injuries exceed your policy’s thresholds, you may need to consider taking legal action. In filing a personal injury lawsuit, you will be holding the at-fault driver personally liable for your damages. However, if the other driver does not have sufficient assets to cover your losses, you may still not be compensated fairly.

Detail-Oriented Approach in the Midst of Chaos

If you have fallen victim to a collision, our Allentown car accident lawyers will examine the facts of your case to determine the best approach to helping you recover compensation for your losses. Filing a personal injury suit is not always the best answer, especially if the other driver does not have the financial resources to pay. Our legal team will pursue every avenue to fight for just compensation on your behalf.

Reach Out to Our Allentown Car Accident Attorneys Today

We believe that the liable party should be held accountable for your bills associated with a car accident. If you have experienced injuries in a crash caused by an uninsured driver, the Allentown car accident attorneys at HGSK Injury Lawyers are here to assist you. With the knowledge, skill, and experience you need, let us help you recoup maximum damages on your claim. To arrange your free consultation, contact us online or by phone.