Pennsylvania has one of the highest rates of uninsured drivers in the country. When you are hit by a driver who has no insurance or insufficient insurance to cover your injuries, you may feel like you have no recourse. But Pennsylvania’s uninsured and underinsured motorist coverage provides a critical safety net — if you know how to use it.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage pays for your injuries and damages when you are hit by a driver who carries no auto insurance at all. This coverage applies to accidents caused by completely uninsured drivers, hit-and-run drivers who cannot be identified, and drivers whose insurance company has become insolvent. Pennsylvania law requires insurers to offer UM coverage to all policyholders, but you can reject it in writing. If you did not explicitly reject UM coverage, you almost certainly have it on your policy.
What Is Underinsured Motorist Coverage?
Underinsured motorist coverage kicks in when the at-fault driver’s insurance is not enough to cover your damages. For example, if you have two hundred thousand dollars in medical bills and the at-fault driver only carries the Pennsylvania minimum of fifteen thousand dollars, your UIM coverage bridges the gap. The at-fault driver’s policy pays first, and your UIM coverage pays the remaining damages up to your policy limits.
Stacked vs. Unstacked Coverage
When purchasing UM/UIM coverage in Pennsylvania, you choose between stacked and unstacked coverage. Stacked coverage multiplies your UM/UIM limits by the number of vehicles on your policy. If you have one hundred thousand dollars in UM/UIM coverage and three vehicles on your policy, stacking gives you three hundred thousand dollars in available coverage. Unstacked coverage provides a single set of limits regardless of how many vehicles are on your policy. Stacking costs more but provides significantly greater protection.
Filing a UM/UIM Claim Against Your Own Insurer
UM and UIM claims are filed against your own insurance company, which creates a unique and often frustrating dynamic. Despite being your insurer, the company has a financial incentive to minimize your claim. They will investigate your injuries just as aggressively as the at-fault driver’s insurer would. They may dispute the severity of your injuries, argue that treatment was excessive, or claim that pre-existing conditions are responsible for your symptoms. This is why having an experienced attorney handle your UM/UIM claim is so important.
Bad Faith in UM/UIM Claims
Because UM/UIM claims involve your own insurer, Pennsylvania’s bad faith statute provides additional protection. If your insurance company unreasonably delays or denies your UM/UIM claim, you may be able to pursue a bad faith claim for additional damages including penalties, interest, and attorney fees. The threat of bad faith liability can be a powerful motivator for insurers to handle UM/UIM claims fairly.
Protecting Yourself
The best protection against uninsured and underinsured drivers is purchasing adequate UM/UIM coverage with stacking. This coverage is relatively affordable compared to the protection it provides. We recommend carrying UM/UIM limits that match your liability limits at minimum. If you have been injured by an uninsured or underinsured driver, contact Siddons Law Firm at (215) 513-2121 for a free consultation on your UM/UIM claim.
