Philadelphia Skyline

Blog Feed

contact

Call Us For A Free Consultation (267) 350-6600

We have offices in Philadelphia, Allentown, Holland, Lancaster, & Reading

Pedestrian vs. Car: How Under-Insured Drivers Impact Your Settlement

It is estimated that at least one-third of motorists in the United States are underinsured or uninsured. This is a serious issue, especially when medical expenses alone can cost thousands of dollars following a crash. If you are in an accident with an under-insured driver, they may be unable to cover your accident-related costs, forcing you to explore other options. In this blog, our Lancaster car accident attorneys discuss what you need to know about under-insured/uninsured motorist claims in Pennsylvania.

Personal Injury Protection (PIP) and MedPay Insurance

Regardless of who is at fault, your own insurance will cover your medical bills initially. In Pennsylvania, medical claims may be covered through personal injury protection (PIP) or medical payments (MedPay) insurance. Pennsylvania drivers are required to carry personal injury protection (PIP) insurance, which will cover medical expenses, lost wages, funeral costs, and other out-of-pocket expenses. The minimum required coverage is $5,000, but many drivers select higher limits.

In contrast, MedPay covers ambulance fees, hospital bills, doctor’s visits, chiropractic visits, and other medical expenses directly caused by your accident. Funeral expenses are also covered up to your policy limit. Coverage ranges from $1,000 to $100,000, although some policies offer more.

Using Your Own UM/UIM Coverage

There may be times when your PIP or MedPay coverage does not cover the full cost of your or your passenger’s medical expenses. In this case, you may consider filing an uninsured/underinsured (UM/UIM) claim through your own auto insurer. Pennsylvania insurance companies are required to offer all drivers uninsured/underinsured motorist (UM/UIM) coverage. Even so, UM/UIM coverage is not required by law in Pennsylvania, but drivers who choose to reject it must do so in writing.

If you do choose to purchase UM/UIM insurance, minimum coverage is $15,000 for bodily injury claims per person and $30,000 for bodily injury claims per accident. UM/UIM coverage will apply in the following circumstances:

What if I Don’t Have UM/UIM Insurance?

If your current policy does not include UM/UIM insurance, you do have other options. These include:

Filing Claims Through Your Health Insurance Company

Medical bills that exceed your PIP and MedPay coverage limits can be filed through your health insurance. A deductible and co-pays will apply. These claims are often processed and paid more promptly than claims filed through auto insurance.

If you have exhausted your options through your auto insurance, you may need to take your case to court. If your health insurance did cover certain costs for which you have not yet provided payment, you will be required to reimburse your health insurer once you receive a settlement or award. This is known as subrogation, and your health insurer has a legal right to seek reimbursement for the benefits that have been provided to you. However, your health insurance company can only ask for reimbursement once you have received your full settlement or award.

Speak with a Lancaster Car Accident Lawyer

Insurance laws can be complicated and overwhelming for injured parties already trying to cope with life-altering injuries. Before filing any claims or pursuing litigation, always speak with a car accident attorney to determine the best course of action. At HGSK Injury Lawyers, we take the time and attention each auto accident case needs to ensure that you are receiving maximum compensation for your injuries. To schedule your free consultation with one of our Lancaster car accident lawyers, we can be reached online or by calling (267) 551-8782 today.