How to Handle Underinsured and Uninsured Driver Claims
With one in seven drivers uninsured, it is no wonder that car accident claims are a headache. Of course, uninsured drivers want to avoid paying for insurance, but it comes at a cost. These drivers rarely consider the financial consequences of an accident, especially when they are at fault. Thankfully, there are still ways to recover damages when the other driver’s insurance falls short. If you have recently been in a crash with an underinsured or uninsured driver, our auto accident lawyers at Fanelli, Evans & Patel can help.
PIP and MedPay
Pennsylvania drivers can be reimbursed for their medical expenses following an accident through personal injury protection (PIP) or medical payments (MedPay) insurance. The minimum required coverage is $5,000 per person, though you may purchase more. Additionally, PIP can cover time missed from work, typically covering 80% of gross lost wages up to $10,000. Both PIP and MedPay cover costs for you, your passengers, and household members involved in an accident. Unfortunately, this coverage is sometimes insufficient.
UM/UIM Insurance in Sunbury
When your lost wages and medical expenses exceed your PIP or MedPay coverage, you will want to consider filing an uninsured/underinsured motorist (UM/UIM) claim. The claim applies to the driver, passengers involved in the crash, and any members of your household. You can file a UM/UIM claim in Pennsylvania if you are hit by a driver that is uninsured or underinsured, if your accident-related expenses exceed the at-fault driver’s insurance coverage, or if you are the victim of a hit-and-run. If you have a full tort policy or if you meet the serious injury threshold under the law, then you will also be able to recover for your pain and suffering.
UM/UIM Policy Limits and “Stacking”
You must purchase at least the Pennsylvania minimum liability limits ($15,000 per person and $30,000 per accident). By purchasing UM/UIM insurance, the Commonwealth includes “stacking” coverage by default. “Stacking” means that you can combine the coverage of multiple vehicles under the same policy or different policies to give you better financial protection. “Stacking” is only permitted for vehicles on which you are the named insured. However, 75 Pa.C.S. §1738 allows you to waive “stacking” for UM/UIM coverage to reduce your premium costs.
Alternatives to UM/UIM Coverage
UM/UIM insurance is not mandatory in Pennsylvania. If you did not purchase UM/UIM coverage, you still have the option to file medical claims through your health insurer. Unlike UM/UIM coverage, a deductible will apply (based on your health insurance deductible). If your health insurance benefits do not cover your medical bills, then you may need to consider litigation.
Although lawsuits are often costly and time-consuming, they may be the only viable option to recover your losses. When you work with the legal team, you can rest assured that we evaluate your options to help you determine the best course of action.
Consult with Our Sunbury Auto Accident Lawyers Today
Anyone who has been injured in a motor vehicle accident understands the financial toll that such an incident can have on an individual and their family. At Fanelli, Evans & Patel, we want you to know there is hope. Our Sunbury auto accident attorneys have helped thousands of individuals recover medical expenses, lost wages, and pain-and-suffering damages. Let us do the same for you. Contact us online or call (570) 286-6500 today.