Blog
- 215-481-9979 Español: 215-512-0039
- Contact Us
Blog
Car accidents can be a traumatic experience, and the situation becomes even more complicated if the at-fault party is uninsured or underinsured. Although states require car insurance, many drivers drive without car insurance, putting themselves and others at huge financial risk. If you are considering filing a claim against an uninsured or underinsured motorist, or if you have questions about uninsured or underinsured motorist claims, you should contact an experienced car accident lawyer, like Solnick Lawyers, to guide you through your next steps and ensure you receive the compensation you deserve.
When a car accident occurs, the first step is to ensure everyone’s safety and call for medical help, if needed. You should also contact the police to report the accident. You can do both by calling 911.
After ensuring everyone’s safety and notifying the authorities, you should exchange information with the other drivers involved in the accident. It is important to obtain the other driver’s insurance information, regardless of their coverage status. Request their insurance card and take note of the policy number and the insurance company’s contact details. Additionally, gather the driver’s personal contact information, including their name, address, and phone number – if possible, obtain a copy of their driver’s license and registration card in addition to insurance information. It is also advisable to take pictures of the accident scene and get contact details for any witnesses.
After the accident, notify your insurance company of the incident and provide only the basic facts. It is important not to admit fault or discuss details of the accident with any insurer before speaking to your car accident lawyer. Even if you believe you may be at fault, many factors can contribute to an accident, and determining liability is a complex process that should be handled by legal professionals. Your lawyer will guide you on how to communicate with your insurance company to protect your rights and prevent any missteps that could potentially harm your compensation claim.
Who pays for the damages in a car accident depends on a number of factors, including the available insurance coverage of each driver, who is at fault for the accident, and the nature of the different categories of damages or harm. In most situations, the burden of covering some expenses, like medical bills, falls on your insurance company regardless of fault. Likewise, depending on the circumstances, the damage to your vehicle might be covered by your insurance company or the other driver’s insurance company. In circumstances where the other driver is at fault but their insurance policy does not have enough coverage to fully compensate you for your injuries and damages, purchasing underinsured motorist coverage on your own policy will cover the difference between what the at-fault driver’s insurance can pay and your total damages, up to the policy limit. Consult with your car accident lawyer to understand what type of coverage you have and how it may affect your legal claim.
Some states require insurance companies to include “no-fault” coverage when they issue a motor vehicle insurance policy. In Pennsylvania, auto insurance policies include a blend of both “fault,” or liability coverage, and no-fault coverage. When you purchase your insurance policy, you will be given choices as to the amounts and types of coverage which you wish to include on your motor vehicle insurance policy. You have some choice as to the types and amounts of coverages which you can select, though all drivers must have some minimum auto insurance coverage.
In Pennsylvania, medical expenses are provided as a no-fault benefit under all insurance policies issued to residents of the state, though you do have a choice as to the amount of such coverage. Wage loss coverage is an optional no-fault benefit which you can purchase to supplement the other benefits available under your policy. No-fault medical and wage loss benefits cover your medical expenses and lost wages as a result of a car accident, regardless of who is at fault, but only up to your limit of coverage. In that regard, under Pennsylvania law, all insurance policies including a minimum of $5,000.00 in no-fault medical benefits, though you can opt to pay more for additional coverage. In Pennsylvania, this type of no-fault coverage is referred to as Personal Injury Protection (PIP) benefits. Every policy has different limits and exclusions, but generally, PIP benefits can pay for a variety of costs such as medical treatments, physical therapy, ambulance fees, medication, and even funeral expenses in case of a fatality. Additionally, it can cover a percentage of lost wages if you’re unable to work due to injuries resulting from the accident (if you purchased this optional coverage). If your PIP benefits are exhausted (paid up to the limits of coverage), additional medical expenses will have to be paid by your health insurance or, if your health insurance does not cover all of your accident-related treatment, unreimbursed medical expenses can be included in your claim against the at-fault driver’s insurance company.
While not considered to be a PIP benefit, you can also purchase collision coverage on your policy which will reimburse you for repair costs (or the market value of your vehicle if it is totaled in an accident) less a deductible which you can also select. Collision coverage can be crucial if you are involved in an accident with someone who does not have insurance, or if you are involved in a hit-and-run accident, or if the at-fault driver does not have adequate coverage. In each of these scenarios, you might be unable to be compensated for the damage to your vehicle if you did not purchase collision coverage on your own motor vehicle insurance policy.
Under Pennsylvania law, the at-fault driver’s insurance carrier is required to pay for your injuries and damages which are not covered under the no-fault coverage provided under your insurance policy. To recover compensation under another driver’s insurance policy, you must first establish that the driver was at fault for the accident. Once fault is established, the at-fault driver’s liability insurance will be liable for your damages and injuries, including non-economic damages like pain and suffering, unpaid medical bills and wage loss not covered by your own insurance policy.
Unfortunately, if the at-fault driver is uninsured, as a practical matter you may not be able to receive any compensation from them unless you included uninsured motorist coverage when you purchased your policy. Uninsured motorist (UM) coverage will provide you with compensation by your own insurance carrier for your damages and losses when the at-fault driver did not have insurance or could not be identified, such as in a hit-and-run accident.
Similarly, sometimes the at-fault driver has liability coverage, but in an amount that is not adequate to fully compensate you for your injuries and losses. In such circumstances, you have a right to include underinsured motorist (UIM) coverage on your insurance policy. Underinsured motorist coverage will provide you with compensation by your own insurance carrier based on the difference between the full value of your claim and the amount of coverage available on the at-fault driver’s policy.
It’s imperative to consult with an experienced car accident lawyer like Solnick Lawyers who can help navigate this complex system and ensure you receive the full compensation you’re entitled to. Likewise, you should feel free to contact us when making decisions about what coverages to include when purchasing automobile insurance.
Yes, you can file a lawsuit against an uninsured driver. However, it is important to understand that even if you win your lawsuit and prove that the uninsured driver is liable for your damages in the accident, the uninsured driver may not have the financial means to pay you any compensation. Accordingly, most attorneys are unable to take on claims against uninsured drivers unless an assets check confirms that the at-fault driver has significant assets to pay a claim, or you have purchased uninsured motorist coverage on your insurance policy.
You should also note that there is a legal deadline, known as the statute of limitations period, within which you can file a lawsuit after a car accident. In Pennsylvania, this period is typically two years after the accident. It is therefore important to act promptly if you’ve been involved in a car accident and intend to file a legal claim.
Navigating the aftermath of a car accident can be a complex and daunting process. Having an experienced personal injury lawyer on your side can make your life after an accident easier and help you get full and fair compensation for your injuries. The attorneys at Solnick Lawyers have been representing car accident victims throughout Pennsylvania and New Jersey for more than 30 years. We can help you when you have been involved in an accident with an uninsured or underinsured driver. Contact us today to schedule your free consultation. Solnick Lawyers is on your side.
"*" indicates required fields
