What Happens If the Other Driver Doesn’t Have Insurance in Pennsylvania?

Quick Answer

If the other driver doesn’t have insurance in Pennsylvania, you may still have options for recovering compensation after a car accident.

One important possibility is uninsured motorist coverage, or UM coverage, under an automobile insurance policy that applies to you. UM coverage is intended to protect an insured person injured by a driver who has no applicable liability insurance.

Whether UM coverage is available depends on the insurance policies involved and the circumstances of the accident.

Key Takeaways

• An uninsured at-fault driver does not necessarily mean there is no source of recovery.
• UM coverage may apply when the responsible driver has no applicable liability insurance.
• Pennsylvania policyholders can reject UM coverage, so the actual policy matters.
• Other potentially applicable automobile policies should also be identified.
• Preserve insurance information, photographs, witness information and the police-report information.

What Happens If the Other Driver Doesn’t Have Insurance in Pennsylvania?

When another driver causes a crash, that driver’s liability insurance would ordinarily be one potential source of compensation.

If the driver is uninsured, there may be no liability insurance available from that vehicle.

The next step is therefore to determine whether uninsured motorist coverage applies to the injured person.

Pennsylvania law provides for uninsured motorist coverage but also allows a named insured to reject that coverage in writing. That means you should not assume either that UM coverage exists or that it does not without reviewing the applicable policy.

How Can Uninsured Motorist Coverage Help?

UM coverage can provide protection when an insured person is legally entitled to recover damages from the owner or operator of an uninsured motor vehicle.

If applicable UM coverage exists, the claim is generally made under an insurance policy providing that protection rather than against an insurance policy belonging to the uninsured driver.

The available coverage and the requirements of a particular claim depend on the policy and the facts of the accident.

What If I Do Not Have UM Coverage?

If one policy does not provide UM coverage, that does not automatically answer the entire insurance question.

Depending on the circumstances, another automobile policy may need to be reviewed to determine whether it provides coverage that applies to the injured person.

The uninsured driver may also remain personally responsible for damages, although whether money can actually be recovered from that individual is a separate practical issue.

Need Help After an Accident With an Uninsured Driver?

Uninsured-driver claims can become complicated when determining which policies and coverages may apply.

When legal representation is needed, PhillyLegalConnect connects readers directly with The Oakes Firm — Philadelphia Injury Lawyers.

Speak Directly With The Oakes Firm

Free Car Accident Consultation. No fee unless there is a recovery.

Visit The Oakes Firm’s Philadelphia Car Accident Guide

Related PhillyLegalConnect Quick Answers

• Can I Sue With Limited Tort in Pennsylvania?
• What Is Limited Tort in Pennsylvania?
• What Is Full Tort in Pennsylvania?
• What Are the Exceptions to Limited Tort in Pennsylvania?
• Who Pays My Medical Bills After a Car Accident in Pennsylvania?

Learn More

• Philadelphia Injury Playbook
• Philadelphia Neighborhood Safety Guide
• Do I have to give a recorded statement?
• What To Do After an Accident in Philadelphia

What To Do Next

If the driver who caused your accident may be uninsured:

1. Get appropriate medical care for your injuries or symptoms.
2. Collect the driver’s information and do not rely only on what the driver says about insurance.
3. Preserve the police-report information, photographs and witness information.
4. Notify the appropriate insurance company and preserve all communications.
5. Review the automobile policies that may apply to you, including whether UM coverage is available.