When a serious car accident happens, the last thing you expect is to find out the other driver has no insurance or not nearly enough to cover your losses. Yet, in Pennsylvania, this scenario is far too common. According to the Insurance Research Council, roughly one in eight drivers nationwide lacks coverage, and many others only carry minimum liability insurance. For injured Pennsylvanians, this often means looking to their own auto policy for help through uninsured motorist (UM) or underinsured motorist (UIM) coverage. These claims can be complicated, and insurance companies rarely make the process simple.
Understanding UM and UIM Insurance in Pennsylvania
Pennsylvania requires auto insurers to offer UM and UIM coverage, though policyholders may decline it in writing. Uninsured motorist coverage protects you if you are hit by a driver with no liability insurance at all. Underinsured motorist coverage applies when the at-fault driver has some coverage, but not enough to pay for your medical bills, lost wages, or other damages. These protections follow you whether you’re driving your own vehicle, riding as a passenger, or even walking as a pedestrian struck by a car. The governing law can be found in 75 Pa.C.S. § 1731, which outlines UM and UIM availability and rejection requirements.
How Pennsylvania’s “Limited Tort” Choice Affects UM/UIM Claims
Pennsylvania is unique because drivers must choose between “full tort” and “limited tort” when purchasing insurance. Limited tort generally restricts your right to recover damages for pain and suffering unless your injuries meet a “serious injury” threshold defined by law. Importantly, UM and UIM coverage can give you a pathway to compensation even under limited tort, especially when economic losses like medical bills or lost income exceed the at-fault driver’s policy. This interplay between tort election and UM/UIM is often misunderstood, making legal guidance critical.
Common Scenarios Where UM/UIM Coverage Applies in Pennsylvania
For instance, you may need to turn to UM or UIM coverage in situations like:
• A driver runs a red light, crashes into your car, and flees the scene (a hit-and-run).
• You are rear-ended by a driver who admits fault but carries only Pennsylvania’s minimum $15,000 liability limit.
• A distracted driver strikes you while you’re jogging, and you learn they had let their insurance lapse.
• You’re badly injured as a passenger in a friend’s car when another motorist causes a crash with inadequate coverage.
These examples highlight why UM/UIM coverage is considered a vital safeguard, even if it adds slightly to your premium.
The UM/UIM Claim Process in Pennsylvania
Filing a UM or UIM claim is not as simple as sending a form to your insurer. It involves multiple steps that can be confusing without legal guidance. Typically, the process follows this sequence:
- Notify your insurer promptly of the accident and potential UM/UIM claim.
- Submit supporting evidence, including the police report, medical records, and repair estimates.
- Demonstrate the other driver’s lack of coverage (for UM) or inadequate coverage (for UIM).
- Participate in investigations or examinations under oath, as requested by your insurer.
- Negotiate the claim value, which may lead to arbitration or litigation if disputes arise.
While this sequence appears straightforward, insurers often challenge claims on technicalities, such as late notice, coverage rejections, or disputes over medical necessity. Having an attorney involved early can prevent costly mistakes.
Challenges Unique to Pennsylvania UM/UIM Claims
In practice, Pennsylvania courts have strictly enforced the written waiver requirement for rejecting UM and UIM coverage. If an insurer cannot produce a valid rejection form under 75 Pa.C.S. § 1731(c), coverage may still apply. Another frequent issue arises with “stacking.” Under Pennsylvania law, unless waived, insureds may “stack” UM/UIM coverage across multiple vehicles on the policy, increasing available compensation. For example, if you insure three vehicles with $50,000 UIM coverage each, stacking could raise your protection to $150,000.
Examples of UM/UIM Claims in Pennsylvania
Consider a real Pennsylvania case: a driver suffered permanent back injuries after being struck by an underinsured motorist carrying only $15,000 in coverage. The victim’s medical bills exceeded $100,000. Because the driver had UIM coverage of $50,000 stacked across two vehicles, their available coverage rose to $100,000. After negotiations, the insurer initially offered only $30,000, citing pre-existing conditions. With legal representation, the claim proceeded to arbitration, where the victim was awarded the full $100,000 limit. This scenario underscores how stacking, medical evidence, and skilled advocacy can drastically change outcomes.
Key Benefits of UM/UIM Coverage in Pennsylvania
Uninsured and underinsured motorist (UM/UIM) coverage provides critical protection for Pennsylvania drivers. It offers financial recovery when an at-fault driver lacks sufficient insurance, and it can also extend to injured passengers and pedestrians. Policyholders may have the option to stack coverage across multiple vehicles for higher payouts, and it serves as a vital safeguard in hit-and-run situations. Even drivers who have chosen Pennsylvania’s limited tort election can benefit from UM/UIM coverage, making it an essential layer of security against unpredictable roadway risks. These advantages underscore why declining this coverage can leave drivers financially exposed.
Tips for Strengthening a Pennsylvania UM/UIM Claim
- Review your policy promptly after an accident to confirm available coverage.
- Document all accident-related evidence, including photos and witness statements.
- Seek immediate medical care and keep detailed records of your treatment.
- Avoid signing insurance forms or giving recorded statements without legal advice.
- Consult with an experienced Pennsylvania car accident attorney to ensure compliance with notice deadlines and arbitration procedures.
Why Legal Guidance Matters in Pennsylvania UM/UIM Cases
UM and UIM claims often trigger disputes over whether injuries meet the “serious injury” standard, whether stacking applies, or whether the insurer’s denial violates Pennsylvania’s bad faith statute, In practice, insurers may undervalue claims until faced with experienced legal representation. A knowledgeable attorney can challenge denials, represent you in arbitration, and, if necessary, pursue a bad faith lawsuit for additional damages.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Recovering from a car accident in Pennsylvania is already stressful, and it can feel overwhelming when you discover the other driver lacks sufficient insurance. UM and UIM claims are supposed to provide peace of mind, but in reality, they are often some of the hardest battles with your own insurer. At Brandon J. Broderick, Attorney at Law, our team has helped countless Pennsylvania drivers secure the compensation they deserved after crashes caused by uninsured or underinsured motorists. Whether your case involves a hit-and-run, stacking disputes, or an insurer delaying payment, we understand the strategies insurers use to deny fair recovery. We will stand by your side from filing the claim to arbitration or litigation, ensuring your rights are protected at every stage. Don’t let an insurance company’s tactics leave you without the financial support you need.