After being hit by an uninsured driver in Pennsylvania you can recover compensation by filing a claim under your own uninsured motorist (UM) coverage, suing the at-fault driver personally, applying to the Pennsylvania Assigned Claims Plan, or pursuing a third-party liability claim against an employer or other responsible party.
The right path depends on what coverage you carry and the specific circumstances of your crash.
Pennsylvania’s Motor Vehicle Financial Responsibility Law requires insurers to offer UM coverage to every policyholder, yet many drivers waive it to save money on premiums, a decision that can prove costly after a crash with an uninsured driver.
Your tort selection, whether you chose full tort or limited tort when you bought your policy, also directly affects what you can recover for pain and suffering.
Your Options for Recovering Compensation From an Uninsured Driver
Being hit by an uninsured driver in Pennsylvania does not mean you are out of options. You can still recover compensation through one or more of the following paths:
- Uninsured motorist (UM) claim: File a claim under your own auto policy — this is the most common and fastest route.
- Personal lawsuit: Sue the at-fault driver directly to reach their personal assets.
- Pennsylvania Assigned Claims Plan: A state-run program that provides limited benefits when no other coverage exists.
- Third-party liability: Pursue the driver’s employer or another responsible party if the circumstances allow.
Pennsylvania’s Motor Vehicle Financial Responsibility Law requires insurers to offer UM coverage to every policyholder. Because roughly one in eight drivers on the road carries no insurance, knowing your options before you need them is critical.
What to Do Right After a Crash With an Uninsured Driver
The steps you take in the first few hours after the crash protect both your health and your legal claim. Here is what you need to do:
Call 911 and get medical attention. Move to safety, call 911, and request medical help even if you feel fine. Adrenaline masks injuries, and a gap in treatment can be used against you later.
Get a police report. The responding officer will document the other driver’s lack of insurance on the official report, which becomes critical proof for your UM claim. For hit-and-run crashes, most UM policies require a police report filed promptly, or your claim may be denied.
Collect evidence at the scene. Gather the other driver’s name, address, and plate number. Get witness contact information and photograph vehicle damage, your injuries, and road conditions. If the driver hands you an insurance card, photograph it even if it looks expired or fake.
Notify your insurer, but do not give a recorded statement yet. Auto policies require prompt notice of accidents, and a delay can compromise your rights. That said, speak with our Pennsylvania personal injury attorneys before giving a recorded statement, even to your own insurer. Insurance companies are not on your side, even when you are the policyholder.
What Uninsured Motorist Coverage Pays in Pennsylvania
UM coverage is the part of your own auto policy that pays for your injuries when the at-fault driver has no insurance. It is not a bonus, it is a protection you paid for. UM coverage typically pays for:
- Medical bills: Emergency care, surgery, physical therapy, and future treatment costs.
- Lost wages: Income you could not earn while recovering.
- Pain and suffering: Compensation for physical pain and emotional distress, subject to your tort selection.
- Wrongful death damages: Funeral expenses and survivor losses in fatal crashes.
One important limitation: UM coverage does not pay for damage to your vehicle. You will need your collision coverage for that. Pennsylvania’s minimum insurance limits, $15,000 per person and $30,000 per accident, are often far too low to cover serious injuries, which is why carrying higher UM limits matters so much.
You may also have underinsured motorist coverage, or UIM, on your policy. UIM is similar to UM but applies when the at-fault driver has some insurance, just not enough to cover your full losses.
How to File a UM Claim in Pennsylvania
Filing a UM claim is different from a typical injury claim because you are filing against your own insurer. Despite the premiums you have paid, the insurance company will look for every reason to minimize your payout. Here is how the process works:
Confirm the driver was uninsured. Verify through the police report or the driver’s alleged insurer that no valid policy existed at the time of the crash. Preserve all photos, witness information, and physical evidence.
Review your policy and provide written notice. Pull your declarations page, the summary sheet at the front of your policy, to confirm your UM limits, whether stacking applies, and whether your policy requires arbitration. Then provide formal written notice of the claim to your insurer.
Prove fault and damages. Even though you are dealing with your own insurer, you must prove the uninsured driver was at fault and that your injuries were caused by the crash. We build this case using your medical records, bills, wage loss documentation, and expert opinions when needed.
Negotiate or demand arbitration. At Wilk Law Personal Injury & Car Accident Lawyers, we submit a comprehensive demand package to the adjuster. If the insurer offers an unfair settlement or denies your claim, the next step is formally demanding UM arbitration.
Watch your deadlines. Pennsylvania’s general statute of limitations gives you two years from the crash date to file, but your specific policy may impose much shorter internal deadlines. Missing any one of them can permanently bar your recovery.
What UM Arbitration Is and How We Prepare Your Case
Arbitration is a private, binding hearing where a neutral arbitrator, or a panel of three, decides your case instead of a jury. Most Pennsylvania UM policies require arbitration by contract, meaning you cannot simply sue your insurer in court. Because arbitration awards are binding with very limited grounds for appeal, preparation is everything.
When we take your case to arbitration, we:
- Build a complete medical and economic damages package that documents every loss.
- Retain accident reconstruction or medical experts where the facts are disputed.
- Depose key witnesses and present clear documentary evidence.
- Challenge the insurer’s hired IME doctor, an independent medical examiner paid to minimize your injuries.
We treat every UM arbitration as seriously as a jury trial because the outcome is just as permanent.
What to Do If You Do Not Have UM Coverage
If you previously waived UM coverage to lower your premium, you still have real options. Here is what may be available to you:
- Pennsylvania Assigned Claims Plan: A state program providing limited medical benefits to crash victims with no other coverage. Eligibility is strict, and benefits are capped, but it can help bridge a gap.
- Suing the uninsured driver personally: Pennsylvania will suspend the uninsured driver’s license until they satisfy a court judgment, which often pressures payment. Collection can still be difficult, but it is not impossible.
- Third-party liability: If the uninsured driver was working a delivery route, driving for a rideshare platform, or on the clock for an employer, that employer’s commercial insurance may apply to your claim.
- Your own MedPay, collision, and health insurance: These coverages can pay for vehicle damage and medical bills regardless of who caused the crash.
Even without UM coverage, we can help you identify every available source of compensation.
How Your Tort Selection Affects Your UM Claim
When you bought your auto policy, you chose between two tort options that directly affect what you can recover. Full tort preserves your right to sue for pain and suffering without restriction. Limited tort lowers your premium but blocks pain-and-suffering claims unless your injuries meet a specific legal exception.
That same selection applies to your UM claim. If you chose limited tort, you can still recover pain and suffering if your injuries fall into one of these exceptions:
- Serious impairment of a bodily function
- Permanent disfigurement or severe scarring
- Death
- Injury caused by a DUI driver
- Injury caused by an out-of-state vehicle
If you are unsure which option you selected, check your declarations page or call us, it makes a significant difference in the value of your claim.
How Stacking Can Multiply Your UM Recovery
Stacking is a feature that multiplies your UM or UIM limits by the number of vehicles on your policy. For example, if you have $100,000 in UM coverage and three vehicles on your policy, stacking gives you $300,000 in total available coverage instead of $100,000.
| Scenario | UM Limit Per Vehicle | Vehicles on Policy | Total Available |
| Non-stacked | $100,000 | 3 | $100,000 |
| Stacked | $100,000 | 3 | $300,000 |
Check your declarations page to confirm whether you selected stacking. If you are unsure, we can review your policy and explain exactly what coverage is available to you.
How Insurance Companies Fight UM Claims
Your own insurer will often look for reasons to pay you less than you deserve. Here are the most common tactics we see:
- Disputing fault or claiming your injuries were not caused by the crash.
- Making a lowball initial offer hoping you will accept it out of financial pressure.
- Hiring IME doctors to understate the severity of your injuries.
- Arguing that a household vehicle exclusion voids your coverage.
- Blaming your pain on a pre-existing condition.
Pennsylvania law gives you a powerful tool against these tactics. Under 42 Pa.C.S. § 8371, if your insurer acts in bad faith, you may be entitled to punitive damages, interest, and attorney’s fees on top of your claim. We use this law aggressively to protect our clients from insurers who refuse to play fair.
Injured by an Uninsured Driver? Call Wilk Law Today
At Wilk Law Personal Injury & Car Accident Lawyers, we believe that being harmed by an uninsured driver should never mean walking away with nothing. Led by attorney Tyler Wilk, our firm handles UM and UIM claims throughout Pennsylvania, including West Chester, Reading, Coatesville, and Pottstown.
When you work with us, we review your full policy to find every dollar of available coverage, handle UM arbitration and bad-faith litigation when your insurer refuses to pay fairly, and help arrange your medical care while your case is pending. We charge no fee unless we recover compensation for you. Contact us today for a free consultation.
Frequently Asked Questions About Uninsured Driver Claims in Pennsylvania
Do Hit-and-Run Crashes Qualify for UM Coverage in Pennsylvania?
Yes. Pennsylvania UM policies generally cover hit-and-run crashes, treating the unknown driver as an uninsured motorist, as long as you report the incident to the police promptly.
Will Filing a UM Claim Raise My Insurance Premiums?
Pennsylvania law generally prohibits insurers from raising your premiums solely because you filed a UM claim for an accident you did not cause ; you are using the protection you already paid for.
Does UM Coverage Protect Me as a Pedestrian or Cyclist?
Yes, your UM coverage typically protects you even when you are hit by an uninsured driver while walking, cycling, or riding as a passenger in someone else’s vehicle.
What Is the Pennsylvania Assigned Claims Plan?
The Pennsylvania Assigned Claims Plan is a state safety net that provides limited medical benefits to crash victims who have no access to any auto insurance coverage, either through their own policy or a household member’s policy.
What Documents Do I Need to File a UM Claim?
You will need the official police report, photographs of the scene and damage, witness statements, complete medical records, and your auto policy declarations page confirming your UM limits.
Can I Sue the Uninsured Driver and Still Use My UM Coverage?
Yes, but any money you collect directly from the at-fault driver may offset what your insurer owes under your UM policy. We can help you coordinate both strategies to maximize your total recovery.
What Is the Household Vehicle Exclusion in a UM Policy?
The household vehicle exclusion is a policy clause insurers use to deny UM coverage when you are injured while occupying a vehicle you own but did not list on that specific policy, an exclusion we frequently challenge on behalf of our clients.
What Can I Do If My Insurer Delays or Denies My UM Claim?
If your insurer unreasonably delays or denies your claim, Pennsylvania’s bad-faith statute allows us to pursue punitive damages, interest, and attorney’s fees against them in addition to your underlying UM benefits.
