How to Handle a Car Accident Involving an Uninsured Driver
February 19, 2025
If you’re involved in a car accident, you know that one of the first steps you should take is to ask for the other driver’s contact and insurance information. But what if that person doesn’t have insurance? Fortunately, you can still likely recover compensation — the steps to do so just may be a bit different. Here’s a closer look at how to handle an “uninsured driver” car accident.
Pennsylvania is a no-fault state, so your own insurance should help cover some of your losses in an accident with an uninsured driver.
What to Do Immediately After an Accident With an Uninsured Driver
The steps you take immediately after a car accident are critically important, impacting both your health and your ability to file an insurance claim. Here’s what to do if you get in an accident with an uninsured driver:
1. Call 911
If you are able to, call 911 to summon the police and emergency medical personnel. This is a crucial step, even if you think you aren’t badly hurt. The police will create a report that serves as a critical piece of evidence if you file an insurance claim, and emergency medical personnel can assess your condition and transport you to a hospital if needed.
2. Don’t Accept Money
Sometimes, an uninsured driver may offer you a certain amount of money to convince you not to report the accident. You should never accept bribes like these. Even if it seems like a good deal at the time, your injuries and other expenses may far exceed what the driver offers to pay.
3. Get the Driver’s Contact Information
If the driver doesn’t have insurance information to give you, you should still exchange contact details. If there are any witnesses or other people involved in the accident, ask for their information as well.
4. Document the Scene
Photo and video evidence can be very helpful if you decide to file an insurance claim. Make sure to photograph the damage to both vehicles, as well as the accident scene as a whole.
Recovering Compensation After an Accident With an Uninsured Driver
Under Pennsylvania’s no-fault insurance laws, you must have at least $5,000 in personal injury protection (PIP) insurance, which is also sometimes called first-party benefits (FPB). This coverage pays for your own medical expenses after a car accident, regardless of who was at fault. The idea behind PIP coverage is to ensure all Pennsylvania drivers can receive and pay for medical care without having to go through a personal injury lawsuit. If you suffer an injury in an accident with an uninsured driver, you should start by filing a claim with your PIP insurance. PIP will usually cover the following:
- Emergency medical care
- Follow-up care
- Medications
- Transportation to and from medical appointments
- In-home care (if needed)
- Lost wages if you cannot work due to injury
- Funeral expenses if your injuries result in your death.
If you have passengers in the car with you who also suffer injuries, your PIP coverage will usually pay for them, too. However, considering the cost of medical care, the minimum required coverage is very low. To make sure you’re adequately protected, it’s a good idea to purchase additional PIP coverage.
Hurt in an accident you didn’t cause? Call us at (215) 569-0900 for a free, no-obligation consultation.
What if Your PIP Coverage Isn’t Enough?
If you have only the minimum PIP coverage required — or if your injuries are especially serious — you may have medical costs, wages, and other losses that go far beyond your policy limit. If this happens, the next step will likely be to file a claim against your underinsured/uninsured motorist insurance. This coverage is included in most insurance policies, and it’s designed to help pay for your medical care and other expenses in situations where the at-fault driver has no car insurance or doesn’t have enough insurance to cover your losses.
Many people think that because they’re filing a claim with their own insurance, they’ll have no problem getting an uninsured/underinsured motorist claim paid. However, it’s important to remember that insurance companies have one main priority: protecting their bottom line. If you file an uninsured motorist claim, there’s a chance your insurer may try to pay you far less than the claim is worth or even deny the claim altogether. For this reason, it’s a good idea to consult with a personal injury attorney before filing. At the very least, if your initial claim is denied, you should ask an experienced attorney to help you file your appeal.
Can You Sue an Uninsured Driver Who Hits You?
Your Ability to Sue Depends on Your Insurance and Your Injuries
Pennsylvania is generally considered to be a no-fault insurance state. However, it might be more properly described as a “choice no-fault” state. When you purchase car insurance, you can choose between full and limited tort. When you have full tort, you can sue an at-fault driver for any damages you’ve incurred. In contrast, if you have limited tort coverage, you can only sue an at-fault driver if your injuries meet the definition of “serious” under state law. Pennsylvania’s definition of “serious” is more restrictive than the definition in some other states.
For an injury to be considered “serious,” it must cause one or more of the following consequences:
- Permanent and serious disfigurement
- Significant impairment of a bodily function
- Death.
Full tort insurance allows you to effectively opt out of the no-fault system. Premiums for full tort policies are generally higher than those for limited tort policies, but, in exchange, you have the right to file a lawsuit for pain and suffering (and other non-economic damages), as well as for economic losses.
You may be able to file a lawsuit against an uninsured driver who hits you — but filing a lawsuit may not always be effective. In many cases, drivers who don’t have insurance can’t afford it. They often have little to no income and few assets. Even if you go through the lawsuit process, win your case, and have a judgment against the driver, you may never see a penny of compensation. If your insurance policy gives you the option to file a lawsuit against the driver, a car accident lawyer can discuss your situation with you and help you determine whether a lawsuit is your best option.
Have You Been Injured by an Uninsured Driver?
The Right Attorney Can Help With a No-Insurance Car Accident Claim
Being injured in a car accident can be an overwhelming experience. Unfortunately, determining how to best recover compensation for your injuries is often just as difficult. While your PIP coverage is a start, you may be unsure of whether you should file a lawsuit against the responsible driver, file a claim with your uninsured/underinsured motorist insurance, or both. An experienced personal injury lawyer can help you unravel this predicament.
At Wapner Newman, our legal team has spent decades fighting for justice on behalf of injured people. We understand that after a major accident, it can be a challenge to focus on anything other than recovery. That’s why we handle the logistics of compensation while you focus on healing.
If you’ve been hurt by an uninsured driver, you don’t have to navigate the situation alone. Call Wapner Newman at (215) 569-0900 to schedule your free consultation.