Underinsured or Uninsured Driver? How to Handle Insurance Shortfalls
If you are in a collision with an uninsured or underinsured driver, you may be concerned about how to pay for your medical bills or vehicle repairs. Sadly, in 2023, one in seven motorists was driving uninsured in the United States. This startling figure means that at one point or another, you may be in an accident with a driver who has no insurance or insufficient coverage.
If you or a family member has recently been in a collision with an underinsured or uninsured driver, you may be overwhelmed. Thankfully, our Lancaster car accident lawyers are here to help. At HGSK Injury Lawyers, our legal team will handle your claim from beginning to end, dealing with any issues that come up in between.
Personal Injury Protection (PIP)
As a “no-fault” state, Pennsylvania allows drivers to file insurance claims with their own auto insurer, no matter who is at fault. Motorists are required to carry personal injury protection (PIP) insurance, which will cover medical expenses and lost wages (80% of lost gross wages). This applies to both you and your passengers. Drivers must carry at least $5,000 in coverage but can choose to purchase more. Medical bills will be applied first to your PIP insurance, regardless of whether the other driver is insured.
MedPay
Pennsylvania is one of three states that requires drivers to carry medical payments (MedPay) coverage. Unlike PIP, which will cover lost wages, MedPay only covers medical bills and funeral expenses. However, it offers more benefits than filing claims through your health insurer since it will cover both you and your passengers’ medical expenses. Policy limits range from $1,000 to $10,000, with some insurers offering higher coverage.
UM/UIM Insurance in Lancaster, PA
Given the severity of your injuries, PIP and MedPay insurance may not cover all of your medical expenses. In this case, you may need to file an uninsured/underinsured motorist (UM/UIM) claim. Pennsylvania auto insurance companies must offer this coverage, although many motorists decline it. UM/UIM insurance applies to you, members of your household, and passengers involved in a crash in which the other driver is at fault. Minimum coverage is the same as the state’s liability insurance minimum limit ($15,000 for bodily injuries per person and $30,000 per accident). In Pennsylvania, UM/UIM coverage only applies to bodily injury claims, not property damage claims.
How Do I Make a UM/UIM Claim in Pennsylvania?
Filing a UM/UIM claim requires that you take the following steps:
- Contact the police: If you are in an accident with an uninsured or underinsured driver, you should contact the police. The officer who responds to the accident scene will take down important information and file a report. You will need this report to submit your insurance claim.
- Contact a Lancaster car accident lawyer: A car accident lawyer will notify your insurance company, file your bodily injury claim, and handle all communications on your behalf.
- Gather evidence that the other driver is at fault: This may consist of photographs, video surveillance, eyewitness testimony, and the police report. This evidence can establish the other driver’s negligence, specifically pinpointing which actions caused the accident. Your car accident lawyer will determine what evidence is relevant and how to obtain it.
- Gather evidence of damages: To recover maximum compensation, you will need to provide proof of lost income and your medical bills. Lost income may be shown through W-2s, pay stubs, and bank statements. You will also need to remit any medical bills related to the accident, which you can request through your treating provider or access through an online patient portal. Again, your car accident attorney will handle collecting this documentation.
What if I Don’t Have UM/UIM Coverage?
If you do not have UM/UIM coverage, you can file medical claims through your health insurance. However, your deductible and co-pays will apply. If this does not cover all your medical expenses, then you may need to personally sue the other driver. Most personal injury attorneys (us included) do not get paid unless you receive a settlement or award. Even so, litigation is costly and time-intensive, so you should discuss all your options with a Lancaster car accident lawyer before pursuing this path.
Speak with Our Lancaster Car Accident Attorneys Today
If you or a family member finds themselves needing to file an uninsured/underinsured motorist claim, our legal team would like to assist you. The Lancaster car accident lawyers at HGSK Injury Lawyers believe that injured parties deserve to be fully compensated for their injuries, no matter what the circumstances. Even though your situation may seem dire, our team of legal professionals repeatedly finds ways around insurance shortfalls. To discuss your legal options, contact us online or by calling (267) 551-8782 to arrange your free consultation.