Being involved in a car accident is stressful under any circumstances, but discovering that the other driver doesn’t have insurance adds an extra layer of uncertainty. If you’ve recently had a crash like this, it’s worth considering how to handle a car accident involving an uninsured driver.
We won’t sugarcoat it -- a lack of insurance on the part of the at-fault driver can make things much more difficult. However, there are still plenty of options at your disposal when it comes to seeking compensation. To learn more about them, keep reading.
Regardless of the specific circumstances of a car accident, there are a few steps you can always take that will improve your chances of recovering compensation later on. Whether or not the at-fault party is insured, taking sensible measures in the moments following your crash will give you a better chance of recovering the compensation you need to get your life back on track.
First, check yourself and any other accident victims for injuries. If anyone is hurt, call 911 immediately to request medical assistance.
If the vehicles are in a dangerous spot, move them to a safer location if possible. If not, turn on your hazard lights to alert other drivers.
In Pennsylvania, you’re required to contact the police about any accident that results in injury or significant property damage.
The police report will also serve as crucial evidence for your claim, especially if the other driver is uninsured. If it emerges at the scene of the collision that the other driver is uninsured, inform the responding officer of this.
Gather as much information as you can at the scene, including:
If the other driver is uninsured, this information can help you locate them later if legal action becomes necessary.
Take pictures of the damage to both vehicles, any visible injuries, and the surrounding area. Pay particular attention to traffic signs, weather conditions, and anything else that might have contributed to the crash.
Report the accident to your insurance company as soon as possible, mentioning that the at-fault driver is uninsured. Pennsylvania is a choice no-fault state, so you may be able to file a claim against your own Personal Injury Protection (PIP) coverage even if you weren’t at fault for your accident.
Motor insurance is a legal requirement for every driver in Pennsylvania, so you might imagine cases involving uninsured drivers would not be the norm. However, uninsured driving is actually quite common; statistics from the Insurance Information Institute (III) state that about one in seven drivers in the U.S. is on the road without insurance.
Uninsured motorist (UM) coverage is designed to protect you in situations like this (it will also cover you if you get into an accident with a hit-and-run driver). If you’re hit by a driver without insurance, your UM policy steps in to cover medical bills, lost wages, and other damages.
In Pennsylvania, UM coverage is not mandatory. However, insurers are required to offer it, and many drivers choose to add it to their policy. If you do carry it, the minimum limitations are.
In our experience, uninsured motorist coverage is often insufficient to cover accident-related damages. Hospital stays in Pennsylvania often cost over $2,000 a day; considering that you’ll also need to pay other medical expenses, deal with lost wages, and cover other costs, it’s easy to see how anything more than minor injuries will quickly cause you to exceed the limits of your UM coverage.
If your UM coverage isn’t enough to compensate for your losses, you still have options. Here’s what you can do:
If your car is damaged and UM doesn’t cover the repairs, your collision coverage may help. Unlike UM coverage, collision insurance applies regardless of who is at fault. This means it can cover your vehicle repair costs even when the other driver is uninsured.
If your insurance coverage doesn’t fully compensate you, you may consider suing the at-fault driver directly. However, it’s important to remember that, a lot of the time, uninsured drivers are uninsured for financial reasons. If someone doesn’t have the money to pay a car insurance premium, they’re not going to have the money to pay you a five- or six-figure personal injury settlement.
However, if you do succeed in holding them liable for your injuries via a lawsuit, you might be able to compel them to sell assets (such as their home or assets linked to their business) to meet their obligation to you. You should discuss this possibility with your lawyer to see if it’s likely to be a worthwhile strategy.
If the uninsured driver was on the road for work (as an Uber driver, for example), their employer might be responsible for covering your damages. This is known as vicarious liability.
Alternatively, if a defective vehicle part or poorly maintained road contributed to the accident, you might have a claim against a third party, such as the vehicle manufacturer or local government.
Determining who’s liable in a situation like this can be tricky. To gain a proper understanding of what you might be entitled to (and from whom), you may need to schedule a free initial consultation with a car accident attorney.
Handling a car accident involving an uninsured driver can be complicated, especially if your damages exceed your uninsured motorist coverage. To have any chance of making a proper financial recovery in this situation, you’ll need to hire a car accident attorney with plenty of experience in cases like this.
If you come to the Cochran Firm in Philadelphia, one of our lawyers will identify all possible sources of compensation for you and advise you on how best to pursue them. We offer free initial consultations, so you don’t need to worry about spending money you don’t have at this difficult time. If we don’t think the case is worth pursuing, we’ll tell you directly, and it won’t cost you a penny.
You can reach us at 800-969-4400 or via our website.
