What if the Person Who Injured Me Doesn't Have Insurance?
All motorists in Pennsylvania are required to have liability coverage. However, not every driver secures the minimum required insurance. Alarmingly, the Insurance Information Institute (III) estimates that 9.6 percent of drivers in Pennsylvania are uninsured. You may be wondering: What happens if the person who hits me does not have insurance? The short answer is that you have a few different potential options available. Here, our Chambersburg car accident lawyer provides an overview of your three main paths for compensation if the other driver does not have insurance.
Three Options if the Person Who Hit You Does Not Have Insurance
1. Hold Them Personally Liable (Often Challenging)
To start, you can still bring a claim against an at-fault motorist even if he or she failed to obtain the proper insurance coverage. Indeed, you can take action to hold them directly, personally liable for your damages through a civil claim. With that being said, this is often a challenging path for most of these types of cases. Most motorists who failed to obtain the proper minimum mandatory liability coverage in Pennsylvania also lack sufficient personal assets to allow for a recovery. Still, this is a potential option, and it may be one that is worth exploring in your case.
2. Bring a Claim Through Your Own Insurer
You may have a legal claim through your own insurance policy. Pennsylvania is a so-called “choice” no-fault jurisdiction. You may have no-fault coverage. Further, you may also have uninsured motorist/underinsured motorist (UM/UIM) coverage. Filing a claim under your UM policy allows you to receive compensation up to the limit of your coverage. Along with other things, you may be entitled to seek financial compensation for vehicle damage, medical bills, lost wages, pain and suffering, and other damages. After a crash with an uninsured motorist, it is important to notify your own insurer about the accident as soon as possible.
3. Identify a Third Party Who Bears Fault
Finally, in some cases, the legal responsibility for the accident may not lie solely with the uninsured driver. For instance, imagine that the accident was caused in part by poorly maintained road conditions. A local government entity may actually bear some level of liability. Alternatively, if the crash was caused by a malfunctioning traffic signal due to an error from a local private highway maintenance company, that firm may bear legal responsibility for the collision. Every uninsured motorist claim in Pennsylvania should be thoroughly investigated by an experienced attorney. Your lawyer can help you identify any third party that may bear fault.
Contact Our Chambersburg, PA, Auto Accident Attorney Today
At DiLoreto, Cosentino & Bolinger P.C., our Chambersburg car accident lawyers have the skills and experience needed to handle uninsured motorist claims. If you were hit by a driver who did not have insurance, we are more than ready to help. Call us now or contact us online for a free, no-strings-attached initial consultation. With offices in Chambersburg and Gettysburg, our team handles uninsured motorist claims throughout Central Pennsylvania.