Hit By a Drunk Driver? Here’s What Happens When Insurance Isn’t Enough

If you have been in an accident involving a drunk driver, you may experience serious injuries and extensive vehicle damage. The problem is only exacerbated when their insurance coverage is not enough to cover your costs. You may be left wondering how you are going to pay your medical bills, lost wages, and other accident-related expenses. At HGSK Injury Lawyers, our Allentown car accident lawyers are committed to helping you recover maximum damages when your vehicle is struck by a drunk driver. Keep reading to learn about your legal options when insurance coverage just isn’t enough.

Insurance Options for Medical Bills & Lost Wages

Pennsylvania drivers are required to carry personal injury protection (PIP) insurance, which will cover medical expenses and lost wages, with the minimum required coverage being $5,000. However, there may be times when your PIP coverage does not cover the full cost of your or your passenger’s medical expenses. You do have the option to tap into your medical payments (MedPay) coverage, which will cover medical expenses for both you and your passengers up to the policy limit. However, if you have exhausted these limits, then you may need to consider filing an uninsured/underinsured (UM/UIM) claim.

UM/UIM Coverage in Allentown, PA

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, and drivers who choose to reject it must do so in writing. Minimum coverage is $15,000 of bodily injury coverage per person and $30,000 of bodily injury coverage per accident.

In Pennsylvania, UM/UIM coverage will apply in the following circumstances:

• If you are involved in an accident with an uninsured driver
• If you are involved in an accident with someone who does not carry sufficient insurance
• If you are the victim of a hit-and-run
• If medical expenses for you or your passengers exceed your PIP limits
• If you are riding your bicycle or walking and are struck by a motor vehicle

Can I Sue the Other Driver?

Pennsylvania is considered a choice “no-fault” state, so motorists can choose between limited tort or full tort insurance. Limited tort insurance covers lost wages, medical expenses, and other economic damages as laid out by 75 Pa.C.S. §1705, while full tort coverage allows a driver to exit the “no fault” system and sue for pain and suffering damages. Examples of pain and suffering damages include negligent infliction of emotional distress, loss of enjoyment of life, disfigurement, permanent disability, and post-traumatic stress disorder (PTSD).

However, there are situations in which you may sue the other driver even if you have limited tort coverage. One of these exceptions is if the other driver is convicted of a DUI for your accident or pleads guilty and enters an Accelerated Rehabilitative Disposition (ARD) program.

Another exception is if you meet the serious injury threshold under the law. This includes injuries that cause serious impairment of a bodily function, permanent serious disfigurement, or death. Serious impairment may include a traumatic brain injury, paraplegia or quadriplegia, or severe burns that cover more than 10% of your body. In this case, you can exit the “no fault” system and recover pain and suffering damages. The full list of exceptions is listed under Pennsylvania law.

Third-Party Liability

Pennsylvania has a dram shop statute specifically prohibiting bartenders or servers from selling or serving alcohol to anyone who is “visibly intoxicated” or minors. If an establishment is found to serve someone who is “visibly intoxicated” or to anyone under the age of 21, you may be able to pursue damages against the establishment. However, in cases in which the driver was at a private gathering, you might hold the host liable for your injuries if a drink was provided to a minor (even if the host did not directly furnish the beverage). The law surrounding social host liability is complicated, making it necessary that you speak to an Allentown car accident attorney.

Reach Out to Our Allentown Car Accident Lawyers Today

If you or a family member has been hit by a drunk driver, options for financial recovery are available. You deserve compensation for the entirety of the damages you suffered, especially when someone’s negligence has caused it. At HGSK Injury Lawyers, we are dedicated to helping individuals return to the life they worked so hard for, even if it involves taking your case to court. To schedule a free consultation with an Allentown car accident attorney, contact us online or by phone at (267) 551-8782.