After a motor vehicle accident, the victim typically sues the driver who caused the accident to recover their medical bills and other damages, such as pain and suffering. The defendant driver’s automobile insurance company then pays any award, verdict or settlement reached during litigation.

Unfortunately, many Pennsylvania drivers carry the minimum insurance policy allowed by law - $15,000.00 – while some others do not carry any insurance at all. In either situation, the innocent victim of a collision and their family are left either severely undercompensated or, worse, with no source of compensation at all. These situations are particularly devastating when an accident results in the death of a loved one, or someone suffers catastrophic or serious injuries.

Underinsured and uninsured motorist coverage provide a layer of protection in situations where insurance coverage for the person who causes the accident is inadequate or completely lacking, allowing you to pursue a claim for damages against your own insurance policy, without your policy being terminated or your premiums being increased.

In this article, we will discuss the law behind underinsured and uninsured motorist coverages and how you can best use these coverages to protect you and your family. We will be providing future articles on other ways you can use your car insurance coverage, such as first-party benefits and full and limited tort options, to protect yourself and your family.

At the Law Office of Alvin F. de Levie, Esq., we have represented hundreds of families in cases involving underinsured and uninsured motorists throughout the Commonwealth of Pennsylvania, including, for example, Centre, Mifflin, Lycoming, Clearfield, Montgomery, Delaware, Bucks, Dauphin, Philadelphia, Lehigh, York, and Chester Counties, to name a few.

What is Underinsured and Uninsured Motorist Coverage?

Underinsured motorist coverage provides coverage when the person who causes your accident does not have enough insurance to cover the full value of your injuries. Pennsylvania law only requires drivers to carry a minimum of $15,000 in liability insurance for injuries caused by car accidents. Many drivers choose only the minimum amount of liability insurance. For example, if you are in an accident and suffer $100,000.00 worth of damages and the maximum amount of the defendant’s insurance is $15,000.00, you will likely never be fully compensated for your injuries, unless you purchase underinsured motorist coverage.

If you have underinsured motorist coverage, you can file a claim with your own insurance company to recover the additional $85,000.00 in damages (provided, of course, you have sufficient coverage to do so). If the insurance company disagrees with you, you can file suit against them just as you would the driver to fight for full compensation. Filing an underinsured motorist claim will not affect your premiums or your insurability. It is your right to enforce the contract between you and the insurance company.

Uninsured motorist coverage works similarly to underinsured motorist coverage, except that in these cases the driver that causes the accident does not have insurance at all. This can occur when the driver simply does not have coverage, when his or her coverage has lapsed, or when the driver simply flees the scene before he or she can be identified.  In these situations, you could seek compensation from your own insurance company, as if you were making a claim against the driver who caused the accident. Again, filing an uninsured motorist claim will not affect your premiums or your insurability.

How do I Purchase Underinsured and Uninsured Motorist Coverage?

Many insurance agents and insurance companies do not explain the importance of you purchasing underinsured and uninsured motorist coverage to protect you and your family. Do not just sign the forms your insurance agent or insurance company give you, because likely they are not looking out for your and your family’s best interests. Make sure you purchase the most underinsured and uninsured motorist coverage you can afford.

Read the forms the insurance company gives you and DO NOT waive the purchase of such coverage. Please make sure you purchase them. You will not get uninsured or underinsured motorist coverage automatically. Please read everything carefully.

Unlike coverage for injury and property damage liability, Pennsylvania does not require drivers to purchase either underinsured or uninsured motorist coverage. As explained by the Pennsylvania Department of Insurance, both underinsured motorist and uninsured motorist coverage are optional. However, Pennsylvania requires insurance companies to offer these coverages to applicants and to make sure the insurance company informs the driver he or she may reject these coverages. The rejections must be signed. Again, we recommend that you DO NOT sign the rejections and make sure to purchase as much underinsured and uninsured motorist coverage as you can afford.

When you do purchase underinsured and uninsured motorist coverage, the law requires that coverage to be equal to the amount of liability coverage you purchase, unless you request lower limits in writing. We highly recommend you DO NOT request lower limits and purchase underinsured and uninsured motorist coverage equal to your liability coverage.

Should I Purchase Underinsured and Uninsured Motorist Coverage?

SIMPLY, YES! While you are not required to purchase underinsured and uninsured motorist coverage under Pennsylvania law, we highly recommend that you do. We have seen countless cases where a family’s recovery is either severely limited or completely denied because the other driver either did not have enough insurance or did not have insurance at all. You do not want to leave yourself and your loved ones with an uncompensated or undercompensated loss just to save a few dollars on your car insurance. Even if your insurance agent recommends that you not purchase underinsured and uninsured motorist coverage, ignore that advice and purchase the coverages.

What Should YOU do if a Loved One or Friend is Injured by an Underinsured or Uninsured Motorist?

YOU SHOULD CONTACT MY OFFICE IMMEDIATELY.

At the Law Office of Alvin F. de Levie, Esq., our attorneys have decades of experience representing individuals and families involved in underinsured and uninsured motorist claims. We have handled cases throughout Pennsylvania: From Philadelphia and the surrounding counties to Centre County, from Central Pennsylvania to Pittsburgh, and from the New York border to the borders of West Virginia and Maryland. If you have suffered an injury or someone died as a result of being involved in an accident with an underinsured or uninsured motorist, please call our firm – 24 hours a day, 7 days a week – at 844-777-2529 (Toll Free) or (215) 696-3900 for a consultation. One of our team members will be in immediate contact with you. We maintain offices throughout Pennsylvania in Philadelphia, State College and Bellefonte. We are willing to meet any clients throughout the Commonwealth.