Hit by an Uninsured Driver in PA? Don't Panic! Here's What You Need to Do.

Ouch. Getting into a car accident is bad enough. Discovering the other driver doesn't have insurance? That's a whole new level of frustrating, especially if you're injured.  An estimated 30 million U.S. vehicle owners "go naked" - industry lingo for not having insurance - according to a study by the Insurance Research Council (IRC), an organization financed by insurance companies. We’ve seen this scenario play out countless times, and know it can feel overwhelming. But don't worry, you have options.

Here are five smart things to do after being injured by an uninsured driver in Pennsylvania to protect your health and your legal rights.

1. Secure the Scene & Report the Accident:

This is always rule number one, regardless of the other driver's insurance status. Your safety is paramount.

• Safety First: Move your vehicle to a safe location, away from traffic. If you can't move your car, turn on your hazard lights.

  
  

• Check on Everyone: Ensure you, your passengers, and the other driver are safe. Call 911 immediately if anyone is injured.

  
  

• Police Report is Key: Even if the other driver begs you not to do it, call the police and file a report. A police report documents the accident, identifies the driver (and lack of insurance), and provides valuable information for future claims. Don't rely on the other driver's word. Get it in writing from law enforcement. An uninsured driver might ask you not to report the accident to your insurer and promise to make good on your losses. Give them your sympathy but not your trust. If you don't report and you realize that your injuries are more severe than you originally thought, your insurer might not pay because its ability to investigate the claimed damage has been lost.

  
  

• Gather Information: If possible and safe, exchange information with the other driver (name, address, driver's license number, and vehicle information). Take pictures of the damage to both vehicles, the scene of the accident, and the other driver's license and vehicle registration (if they have them).

  
  

• Make Notes: Jot down key facts about the accident. What you recall about how it happened, how the other driver appeared and what they said.

2. Seek Immediate Medical Attention:

This is absolutely critical, even if you think you only have minor aches and pains.

• Who Pays the Bill?  Your auto insurance pays the bill. Your policy includes Medical Payments (Med Pay) Coverage. This coverage pays for your medical bills regardless of fault. It can be used to pay your deductibles, co-pays, and other out-of-pocket medical expenses. It's a valuable resource, even if you have health insurance. Using this coverage will NOT increase your rates.

  
  

• Document EVERYTHING: See a doctor or go to the emergency room as soon as possible. Explain how you were injured and describe all your symptoms in detail. This creates an important record of your injuries being directly related to the accident rather than some intervening cause.

  
  

• Hidden Injuries are Common: Some injuries, like whiplash or concussions, may not manifest immediately. Delaying treatment can complicate your claim and make it harder to prove the accident caused your injuries.

  
  

• Follow Your Doctor's Orders: Attend all follow-up appointments, take prescribed medications, and follow any rehabilitation recommendations. Non-compliance can be used against you in a future claim.

3. Review Your Own Auto Insurance Policy: Uninsured Motorist (UM) Coverage is Your Lifeline:

Pennsylvania law requires all auto insurance policies to offer Uninsured Motorist (UM) coverage. This coverage protects YOU when you're injured by an uninsured driver.

• Find Your Policy: Locate your auto insurance policy declaration page. Look for "Uninsured Motorist Coverage" or "UM."

  
  

• Understand Your Limits: Check the limits of your UM coverage. This is the maximum amount your insurance company will pay for your injuries and other nonmedical costs, such as lost wages when you’re injured by an uninsured driver. 

  
  

• Promptly Report the Accident: Notify your own insurance company about the accident and your intent to file a UM claim. Cooperate with their investigation. Even though they are "your" insurance company, they are now essentially adverse to you in pursuing the claim.

4. Consider Increasing Coverages: Uninsured Motorist (UM) and Underinsured Motorist (UIM) and Medical Payments (Med Pay):

• UM/UIM:  Your costs won't double if you do this. That's because insured-driver, UM/UIM coverage costs less. U.S. drivers spent an average of $792 for auto insurance but only $69 for UM/UIM in 2010 (the most recent year of available data), according to the Insurance Information Institute.  In other words, getting yourself some extra protection is cheap.

  
  

• Medical Coverage:  If you have good health insurance, buying more medical coverage may not be necessary.  But if you don’t have good health insurance or you have a high deductible, additional medical coverage is a worthwhile investment. 

5. Consult with a Pennsylvania Personal Injury Attorney ASAP:

Navigating the complexities of a UM/UIM claim can be tricky. An experienced Pennsylvania personal injury attorney can:

• Investigate the Accident: Thoroughly investigate the accident, gather evidence, and identify all potential sources of recovery.

  
  

• Negotiate with the Insurance Company: Deal with the insurance company on your behalf and fight for a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages.

  
  

• File a Lawsuit if Necessary: If a fair settlement cannot be reached, your attorney can file a lawsuit to protect your rights and pursue your claim in court.

  
  

• Understand the Law: We understand Pennsylvania's uninsured and underinsured motorist laws inside and out. We'll help you navigate the legal process and ensure you receive the compensation you deserve.  

Don't go it alone! 

Being injured by an uninsured driver is a stressful situation. Contacting a experienced Fiffik Law Group personal injury attorney is the best way to protect your rights and maximize your chances of recovering full compensation for your injuries.