Hurt in a Car Accident Without Car Insurance in Pennsylvania: Can You Still Recover?

Life happens. A policy lapses, a payment gets missed or money is tight. If you were hurt in a crash in Pennsylvania while your own vehicle wasn't insured, you may be worried that you have no options. You likely still have rights against the driver who caused the crash, but Pennsylvania law does limit what you can recover. Here's how it works.

You can still bring a claim against the at-fault driver

Not having insurance doesn't mean you caused the crash, and it doesn't erase the other driver's responsibility. If another driver was at fault, you can bring a claim against that driver's liability insurance for your losses.

The limits Pennsylvania places on uninsured owners

• No first-party medical benefits. The owner of a currently registered vehicle that isn't insured generally can't collect Pennsylvania first-party benefits, which normally pay medical bills regardless of fault.

• Treated as "limited tort." An uninsured owner is generally treated as having chosen limited tort, which restricts claims for pain and suffering unless the injury qualifies as serious or another exception applies. See limited tort vs. full tort.

Even with these limits, you can generally still pursue economic losses such as medical bills and lost wages from the at-fault driver.

If you don't own a car at all

The rules are different if you don't own a vehicle. If you live with a relative who has auto insurance, that policy may cover you. If you were a passenger, the car you were riding in may provide coverage. And if no policy applies, Pennsylvania's Assigned Claims Plan may provide limited benefits to eligible injured people. Learn more about passenger claims and who pays medical bills after a crash.

Paying for treatment in the meantime

Health insurance, Medicare or Medical Assistance may pay for treatment while the claim is pending, though they may expect to be repaid from a settlement. See liens and subrogation. Don't skip treatment because of cost. Gaps in care can hurt both your recovery and your claim.

Be careful what you tell the insurance company

The other driver's insurer may use your lack of coverage to suggest you don't have a claim, or to pressure you into a quick, low settlement. Before you give a statement, read our guide on talking to the insurance adjuster.

Talk to Joyce, Carmody & Moran

Every situation is different, and these rules have exceptions. If you were hurt in a crash without insurance, call Joyce, Carmody & Moran at 570-602-3560 for a free, judgment-free consultation. We'll review what coverage may still be available and what your claim may be worth.