Understanding Your Rights if an At-Fault Driver Doesn’t Have Auto Insurance, Explained by Our Philadelphia, PA Auto Accident Lawyers
One of the most basic requirements for a motor vehicle is auto insurance. Having valid auto insurance is the law throughout almost all states in the US, including Pennsylvania. While most drivers have insurance, the Insurance Research Council’s 2021 study found that roughly one and eight drivers were still uninsured—or 12.6%. This is a staggering number to consider, especially considering that there are over 6.7 million auto accidents in the United States each year. Unfortunately, this means that there is a high number of innocent victims injured in an auto accident by an at-fault driver who does not have car insurance. When this happens, individuals need to call the Philadelphia, PA auto accident lawyers at HGSK for help.
At Haggerty, Goldberg, Schleifer, & Kupersmith, P.C., our experienced auto accident lawyers in Philadelphia, PA, understand how much of a problem it can be for innocent people who are
1) injured in an auto accident through no fault of their own, 2) have unexpected medical bills, lost wages, and property damage, and 3) face an at-fault driver with no auto insurance. If you or your family find yourself in this situation, call us right now to learn how we can help you today by dialing (267) 350-6600.
The HGSK Promise to Our Clients: FREE Consultations, No Upfront Costs, No Out-of-Pocket Expenses
Our bodily injury law firm in Philly offers FREE consultations to any personal injury victim. This is particularly important when the at-fault driver does not have insurance to pay for your claim immediately.
We also offer a no-win, no-fee guarantee. That means if we are unable to collect compensation for you in a settlement, court verdict, arbitration award, or any other monetary recovery, we do not get our legal fees paid. These legal fees are also based on a contingency fee agreement, meaning we only get a percentage of what we recover for you and only after we recover it for you.
Finally, we pay all the upfront costs and disbursements of litigation. This means we pay the court filing fees, expert expenses, postage, expert expenses, medical record bills, and other expenses related to your case. These costs and disbursements are only reimbursed if we recover compensation for you, meaning there is no out-of-pocket expense for you. This is particularly important when the at-fault driver does not have auto insurance.
What Happens if the At-Fault Driver Does Not Have Auto Insurance in Pennsylvania
After an auto accident in Philly and you discover that the defendant does not have auto insurance, there are specific steps that you need to take to protect your rights. These steps are generally the same as any other motor vehicle accident. While that may sound tempting to handle a claim yourself, the fact that the defendant at-fault does not have insurance means that the later parts of a claim will become extremely complicated without the help of an experienced auto accident lawyer like one of ours at HGSK.
Steps to Take
- Document the accident by calling the police, taking photographs, and exchanging information.
- Seek medical treatment and follow a doctor’s care instructions.
- Contact your insurance carrier to advise them of the accident.
- Seek legal representation.
How an Auto Accident Lawyer in Philadelphia Can Help
There are generally two ways to recover compensation when the at-fault driver has no auto insurance in Pennsylvania. Our experienced lawyers in Philadelphia can help you by exercising your rights under both routes to recovering compensation.
Do You Have Uninsured/Underinsured Motorist Coverage?
If you have uninsured or underinsured motorist coverage, you may be able to submit a claim to your carrier under this policy. Also known as UM and UIM coverage, this type of insurance is an extra policy that protects you and your family in the event you are involved in a crash with an uninsured motorist who is at-fault for the accident in Pennsylvania.
However, in order to file a claim for UM/UIM coverage, you need to actually have it prior to the subject accident. This means you will have to pay an additional premium. The cost of that premium can get pricey, but you should know that the premiums go to only you and your family if you are involved in an accident because no other party in a car accident could make a claim to it.
Our Philadelphia auto accident attorneys at HGSK recommend purchasing as much UM/UIM coverage as you and your family can afford. At least try to purchase $100,000 or $200,000, but aim for $500,000 or more if you can afford it. Healthcare costs are rapidly increasing, and if a loved one suffers serious personal injuries, the medical bills could easily eclipse $100,000 without even considering lost wages or pain and suffering.
If No UM/UIM Coverage, Seek a Judgment
In the event that you do not have UM/UIM coverage, you can still take a judgment against the defendant. Oftentimes the at-fault driver without any insurance may “default” in the case, meaning that he or she will not appear. In that situation, you will be able to have an inquest to demonstrate your damages to the court and obtain a judgment.
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