What If the Other Driver Was Uninsured or Underinsured? (PA)

One of the most deflating moments after a crash is learning the driver who hit you had no insurance, or had the bare-minimum policy that won't come close to covering what you've lost. The good news in Pennsylvania: your own policy may have coverage built in for exactly this. Here's how it works.

What's the difference between uninsured and underinsured coverage?

•     Uninsured motorist (UM) coverage pays when the at-fault driver had no insurance at all — or in a hit-and-run, when the driver can't be identified.

•     Underinsured motorist (UIM) coverage pays when the at-fault driver had insurance, but not enough to cover your injuries — their limits run out before your bills do.

Both are optional in Pennsylvania, but insurers are required to offer them, and you can only decline them in writing. Many people have more of this coverage than they realize — and some unknowingly waived it to save a few dollars.

Wait — I'd be claiming against my own insurance company?

Yes, and that catches people off guard. UM/UIM is first-party coverage you paid for, so the claim goes to your own insurer. The uncomfortable part is that once real money is involved, your own company's interest is to pay as little as possible, and the relationship can become surprisingly adversarial. Filing a UM/UIM claim does not work like a fault claim against the other driver, and a friendly call from your own adjuster is not the same as your company being on your side here.

What is "stacking," and why does it matter so much in Pennsylvania?

Stacking is a Pennsylvania feature worth understanding, because it can multiply the coverage available to you. If you have UM/UIM coverage on more than one vehicle — or your household has more than one policy — stacking lets you add those limits together rather than being capped at a single vehicle's limit. On a two- or three-car household, that can be the difference between a fraction of your losses and full coverage.

Like the coverage itself, stacking is something you can waive in writing for a lower premium. Whether you have it, and how much it adds up to, depends on your specific policies and what waivers were signed. It's one of the first things worth checking after a serious crash with an uninsured or underinsured driver — and one of the most commonly misunderstood parts of a PA auto policy.

What about a hit-and-run?

If you're hit by a driver who flees and can't be identified, that's generally where uninsured motorist coverage comes in — there's no at-fault policy to pursue, so your own UM coverage steps into that gap. Reporting the hit-and-run to the police promptly matters here, both for the investigation and for the claim. Look for witnesses and any nearby business or doorbell cameras quickly, since that footage is often overwritten within days.

How does my limited or full tort choice affect this?

Your tort election can carry over to a UM/UIM claim, which is one more reason the limited-versus-full-tort decision matters more than most people think when they make it. Because UM/UIM claims sit at the intersection of your policy language, your tort election, and the value of your injuries, they are one of the more technical corners of Pennsylvania injury law. (See our limited vs. full tort page for the underlying framework.)

What should I do to protect a UM/UIM claim?

1.   Don't assume you're out of options just because the other driver was uninsured or underinsured — check your own coverage first.

2.   Get a copy of your own auto policy's declarations page and look for UM and UIM coverage, the limits, and whether stacking was waived.

3.   Report promptly and follow your policy's notice requirements — UM/UIM coverage comes with conditions, and missing them can jeopardize the claim.

4.   Be careful settling with the at-fault driver's insurer before your UM/UIM claim is sorted out — doing so the wrong way can, in some situations, affect your right to pursue underinsured coverage.

5.   Keep documenting your injuries and losses exactly as you would in any other claim.

Is there a deadline?

Yes, but it doesn't necessarily match the two-year deadline for suing the other driver. UM/UIM claims arise from your insurance contract, so their timing can turn on your policy's terms — including arbitration provisions — rather than the ordinary injury clock. That difference trips people up, so if an uninsured or underinsured driver is involved, it's worth confirming your specific deadlines early rather than assuming you have the full two years.

Talk it through with someone local. If you have questions about your own situation, the attorneys at Joyce, Carmody & Moran can review what happened and explain your options — no cost for the first conversation, and no obligation. We are based in Pittston and handle injury matters throughout Luzerne County.