Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Pennsylvania attorney for guidance on your specific situation.
Detailed Answer
When an at-fault driver has no active insurance coverage, Pennsylvania law still provides several avenues to pursue compensation and hold the driver accountable.
1. Uninsured Motorist Coverage
Under Pennsylvania’s Motor Vehicle Financial Responsibility Law, your own auto policy must include uninsured motorist (UM) coverage unless you specifically reject it in writing. UM coverage applies when the at-fault driver lacks liability insurance. The minimum UM limits mirror your bodily injury limits—$15,000 per person/$30,000 per accident for bodily injury and $5,000 for property damage—unless you chose higher limits. See 75 Pa.C.S. § 1731.
2. Collision and Medical Payments Coverage
If you purchased collision coverage or medical payments coverage, you can file a claim under those sections of your policy. Collision coverage helps pay for vehicle repairs; medical payments coverage helps cover medical bills regardless of the other driver’s insurance status.
3. Lawsuit Against the Uninsured Driver
You may sue the at-fault driver directly for negligence. If you obtain a judgment, you can pursue collection through wage garnishment, bank account levies, or property liens. Note that collection success depends on the driver’s assets and income.
4. Penalties and State Enforcement
Pennsylvania imposes criminal penalties on uninsured drivers, including fines up to $300 for a first offense and up to $1,000 for subsequent offenses, plus license and registration suspension. You can report uninsured drivers to PennDOT or law enforcement. See 75 Pa.C.S. § 1786.
5. Crime Victims Compensation Board
If the at-fault driver fled the scene (hit-and-run) or remains uninsured, you may apply to the Pennsylvania Crime Victims Compensation Board for benefits to cover uninsured medical expenses and lost wages. Visit www.pccd.pa.gov for eligibility and application details.
Helpful Hints
- Review your auto policy to confirm your UM, collision, and medical payments limits.
- Notify your insurer promptly after the accident and request a UM claim if needed.
- Gather strong evidence: photos of damage, witness contact information, and the police report.
- Consult a personal injury attorney to assess the value of a lawsuit and collection prospects.
- Report uninsured drivers to the Pennsylvania Insurance Department: insurance.pa.gov.
- Keep detailed records of all accident-related bills, correspondence, and payments.