What If the Driver Who Hit My Car in Harrisburg Was Uninsured?

Getting into a car accident is bad enough, but if the at-fault driver is uninsured, it can make life even more stressful. Fortunately, in Pennsylvania, you may still have some legal options for claiming compensation for medical costs, lost wages and other damages.

At Schmidt Kramer, our experienced Harrisburg car accident attorneys have helped countless injured victims recover compensation after motor vehicle collisions. Our legal team is prepared to learn more about your situation, answer your questions and help you understand your legal options. You can call our Pennsylvania law firm directly or fill out our confidential online form to have a lawyer contact you within 24 hours.

Request a FREE case review today. Call: (717) 727-2550

Can I File a Claim if the Driver Who Caused the Crash Is Uninsured?

Yes, you can file a claim even if the driver who caused your crash has no insurance. In Pennsylvania, these are some of the legal options you may have for recovering damages:

• Personal Injury Protection (PIP): These benefits cover your medical expenses, up to your policy’s limits, regardless of fault.
• Uninsured Motorist Coverage (UM): If you purchased this optional coverage, you can file a claim through your own insurance.
• Sue the Uninsured At-Fault Driver Directly: Legally, you may be able to file a personal injury lawsuit against the uninsured driver. However, collecting compensation in these situations are often difficult. Drivers who do not have insurance often do not have significant financial assets.

Even if you do not have uninsured motorist coverage, you should still speak with one of our qualified attorneys at Schmidt Kramer to determine what other legal options may be available to you.

Remember, Pennsylvania’s statute of limitations gives you just two years from the date of the accident to pursue legal action. While this seems like a long time, your attorney needs time to gather evidence and build a compelling case.

What Insurance Covers Uninsured Driver Crashes in Pennsylvania

Pennsylvania drivers are required to carry minimum auto insurance coverage. These are some optional types of insurance that provide additional protection if an uninsured driver hits your car:

• Uninsured Motorist Coverage (UM): Pays for your injuries and damages when an uninsured driver causes your accident
• Personal Injury Protection (PIP): Mandatory coverage that pays for your medical expenses regardless of who caused the crash
• Collision Coverage: Optional insurance coverage that helps pay for repairs to your vehicle
• Medical Payments Coverage: Additional coverage can help with medical expenses beyond what PIP covers
• Health Insurance: Your personal health insurance can cover medical treatment after your PIP benefits are exhausted

What Damages Can I Recover After A Crash With an Uninsured Driver in Harrisburg?

After a crash with an uninsured driver in Harrisburg, you may be entitled to various forms of compensation depending on your insurance coverage and the circumstances of your accident.

• Medical Expenses: Coverage for hospital bills, surgeries, medications, physical therapy, and ongoing treatment
• Lost Wages: Compensation for time missed from work and reduced earning capacity
• Pain and Suffering: Payment for physical pain and emotional distress caused by the accident
• Property Damage: Funds to repair or replace your damaged vehicle and other personal property
• Funeral and Burial Expenses: Coverage for these costs in fatal accident cases
• Loss of Consortium: Compensation for the impact on your relationship with your spouse
• Punitive Damages: Additional compensation in cases involving especially reckless behavior

When dealing with an uninsured driver in Pennsylvania, you generally cannot pursue damages beyond your uninsured motorist (UM) policy limits. Unlike claims against insured drivers, you cannot stack multiple insurance policies or access the at-fault driver’s liability coverage since none exists. Additionally, you might face challenges collecting any settlement amount from an uninsured driver through a lawsuit, as drivers without insurance often lack substantial assets to pay significant damage awards.

How Do I File a Claim for a Car Crash With an Uninsured Driver?

Filing a claim after being hit by an uninsured driver involves several important steps to protect your rights and maximize your chances of receiving fair compensation. Here is how to navigate this process effectively:

Gather and Preserve Evidence

Crash scene and first responders gather evidence, including photos and driver statements. But any photos you can capture from the safety of your vehicle may help. Never put yourself or others in harm’s way to gather evidence. Be sure to get the contact details of any witnesses, and get a copy of your police report.

Seek Comprehensive Medical Documentation

Get a proper medical evaluation at a nearby emergency room right after your crash. Once you have been diagnosed, be sure to follow all treatment plans precisely and maintain detailed records of every appointment, prescription, and therapy session. Your medical records link your injuries directly to the accident that caused them, providing key evidence that is hard to dispute.

Consult With a Schmidt Kramer Car Accident Attorney

Schedule a free consultation before proceeding with your claim or making official statements to insurance companies. We can identify compensation sources you might overlook and properly value your claim. We have been working with insurance companies for years, so we are extremely familiar with how they may try to devalue your claim.

Limit What You Say to the Insurance Company

While you must notify your insurance company about the accident, limit your initial statements to basic facts only. Insurance adjusters often look for ways to minimize payouts, and may use what you say against you. We strongly recommend consult with one of our qualified lawyers before providing recorded statements or signing any documents related to your claim.

What Challenges Could I Face in a Claim Involving an Uninsured Driver?

When pursuing compensation after an accident with an uninsured driver, you may run into a few obstacles that can complicate and potentially limit your recovery options.

• Limited Recovery Sources: Without the at-fault driver’s insurance, your compensation is restricted to your own coverage limits or the uninsured driver’s personal assets. Often, these options may be insufficient to provide you with full compensation.
• Higher Burden of Proof: Your insurance company may scrutinize your claim more intensely than they would a standard claim against an insured driver.
• Delayed Compensation: Claims involving uninsured drivers typically take longer to resolve due to additional investigations and potential litigation.
• Policy Exclusions and Limitations: Your uninsured motorist coverage might have specific exclusions or limitations that could affect your claim.
• Subrogation Complexities: If your insurance pays your claim and then pursues the uninsured driver, you may face additional paperwork and legal proceedings.
• Statute of Limitations Pressure: The two-year filing deadline for legal action creates added time pressure to properly investigate and document your claim.
• Insurance Company Resistance: Your own insurance provider may attempt to minimize or deny your claim to protect their bottom line.

Understanding Limited Tort vs. Full Tort for Uninsured Driver Claims

In Pennsylvania’s auto insurance system, your choice between limited or full tort insurance policies significantly impacts your ability to recover certain damages after being hit by an uninsured driver.

Limited tort reduces your premium costs but restricts your right to pursue non-economic damages (like pain and suffering). To qualify under the law, you must be able to meet the state’s threshold of a serious injury. In Pennsylvania, this typically means you sustained either permanent impairment, disability, or disfigurement.

Full tort coverage costs more but preserves your unrestricted right to seek compensation for all damages, including pain and suffering, regardless of injury severity.

Uninsured motorist claims are already limited by policy caps, so it is essential you work with an attorney who knows how to maximize all potential sources of compensation. Limited tort policyholders should know that certain exceptions exist that may still allow victims to file for pain and suffering , even if they have limited tort coverage. These exceptions may include cases involving drunk drivers or out-of-state accidents.

Contact Our Harrisburg Car Crash Attorneys Today

At Schmidt Kramer, our dedicated car accident attorneys have experience helping Harrisburg accident victims through every step of the uninsured motorist claims process. We handle all negotiations with insurance companies, gather critical evidence to strengthen your case, and pursue all available avenues for compensation.

Our dedicated legal team works on a contingency fee basis, meaning you pay no upfront costs.

Call our Harrisburg office today for a free, no-obligation consultation about your uninsured driver accident case, or complete our online form to have a member of our team contact you within 24 hours.

Experienced Lawyers. Proven Results. Call: (717) 727-2550 today.