What to Do You are Hit and Run by an Uninsured Driver in Philadelphia

In the aftermath of a crash, you potentially have medical bills, lost wages, and pain and suffering to deal with.  If the other driver drove away or had no insurance, getting damages will potentially be harder, but there are still steps to take.

First and foremost, you need to report the accident, collect evidence, and get medical care.  From there, call a lawyer, and we can investigate your options.  In some hit and run cases, the driver is found, and you can file a claim against them as normal.  In cases where a driver is uninsured or has low insurance, you may need to tap into your own insurance coverage for uninsured/underinsured motorist coverage (UM/UIM), on top of coverage from your no-fault insurance.

For a free case review with our Philadelphia car accident lawyers after a crash, call The Reiff Law Firm at (215) 709-6940.

What Steps to Take After a Crash

In the aftermath of any car crash, take the following steps:

• Move your car to a safe location.
• Call 911 and request police and ambulance response.
• Wait in a well-lit, safe location for the police/ambulance to arrive.
• If you need to, go directly to the hospital with the ambulance crew once they arrive.
• If you are able to stay at the scene, collect evidence: photos, driver/witness contact info, car info, lighting/weather info, and anything else you can think of.
• Answer the officer’s questions.
• Exchange insurance info with the other driver.
• Follow up with all necessary medical care.
• Call a lawyer.

Once you call us, we can help with any claims or further steps, including case complications.  Never admit fault in the aftermath of a crash.

Hit and Runs

After a hit and run, you obviously cannot collect the other driver’s name and insurance info.  In any case, still report the accident, give the police any and all details you can think of, and get info from witnesses.

Although the police will start an investigation, criminal hit and run investigations are not always successful, and the driver might never be found.  This means we need as much evidence as you can collect for potential civil lawsuits or insurance claims.

Uninsured Drivers

If the other driver was uninsured, but they stopped after the crash, get all of their info as normal.  The claims you file later might change, but the immediate steps to take are all the same as in any other crash.

No-Insurance Coverage for Hit and Runs and Uninsured Drivers

In Pennsylvania, we use a “choice no-fault” system for auto insurance.  This means that you might have to file with your own insurance after the crash, and you might not have grounds to file against the other driver’s insurance for your injuries in the first place.

However, it still has a few complications.

First-Party Coverage

Every driver in Pennsylvania needs at least $5,000 of coverage for their own injuries.  This means that even in a hit and run or a crash with an uninsured driver, you should have at least that much to cover your own treatment.

Many drivers opt for much higher limits, and your own coverage might be enough to take care of you, even if the other driver should have been responsible.  However, you must pay a deductible for this.

This required coverage only pays for medical bills.  That means you would need other first-party coverages – like collision coverage – to pay for auto damage.

Full Tort vs. Limited Tort Insurance

In Pennsylvania, we get two options for auto insurance:

1. Full Tort coverage allows you to file a lawsuit against the at-fault driver in any crash.
2. Limited Tort coverage only allows lawsuits in certain cases, requiring you to use your own insurance in other claims.

If you have limited tort insurance, your claim might not be covered by the other driver’s insurance anyway.  However, many cases do fall into the categories where a lawsuit would be allowed, meaning that a hit and run or uninsured driver could cut off those options if they cannot be found or cannot afford your damages.

Limited tort insurance is usually cheaper, which is why drivers might choose this option.

Uninsured/Underinsured Motorist Coverage

If you have UM/UIM coverage on your policy, that can pay for your damages as though it were the other driver paying.  As the names imply, uninsured motorist coverage pays when the other driver is uninsured; underinsured motorist coverage pays when the other driver’s insurance is too low.

If they have no insurance, you file the claim with your insurance instead.  In a hit and run, your insurance might let you treat it as an uninsured driver, but always have your lawyer check your policy terms.

UM/UIM doesn’t cover property damage, so you would still need collision coverage to get this covered by your own insurance.

FAQs for Philadelphia Car Accidents Involving Uninsured Drivers and Hit and Runs

Can You Still Sue for a Hit and Run?

If the other driver is identified, then you can sue them as you normally would for the crash they caused.  However, the rate that hit and run drivers are actually found is disappointingly low, so talk to our Philadelphia car accident lawyers about your other options.

What Claim Do I File with Insurance for a Hit and Run?

If the other driver fled from the scene, you can still potentially file a few claims with your own insurance:

• You might have at least some first-party coverage for medical bills ($5,000 minimum).
• Optional first-party benefits for medical payments and other damages may cover you if you pay a deductible.
• Your policy might have collision coverage to pay for vehicle repairs (also uses a deductible).
• Your UM/UIM coverage may pay as though it were the other driver paying, covering more than just your medical bills and lost wages (e.g., pain and suffering).

Is Uninsured Motorist Insurance Required in Pennsylvania?

UM/UIM insurance is not required in Pennsylvania.  While you must have some first-party benefits, UM/UIM is totally optional.  You must have UM/UIM coverage on your policy before the crash to be able to use it.

How Much Does UM/UIM Cover?

You can choose UM/UIM coverage in various amounts, but matching it to your liability insurance is common.  This means it will typically cover at least $15,000 per person for injuries and $30,000 per accident.

What is “Stacking” with UM/UIM?

If you have multiple drivers in your household, you can each get UM/UIM coverage and choose to have the coverage “stack.”  This essentially means you add the policies together and can use both/all UM/UIM coverage if you need it, raising your effective insurance limit.

Non-stacking UM/UIM usually has lower premiums than stacking UM/UIM.

Can You Use Uninsured Driver Insurance for Hit and Runs?

Insurance policies typically allow you to count an unknown hit and run driver as an “uninsured driver” so you can use UM/UIM for a hit and run.  Always check with a lawyer, though.

Does My Car Insurance Cover Pain and Suffering?

One of the biggest downsides of first-party coverage is that it usually does not pay for pain and suffering.  This means you may be able to get medical payments and other damages covered, so long as you pay a deductible.  However, your pain and suffering would not be paid.

However, UM/UIM coverage can pay for pain and suffering.

Does UM/UIM Cover Deductibles?

If you use first-party benefits, you usually need to pay a deductible – that’s a portion of the damages you pay out of pocket before your insurance covers you.  When you file a UM/UIM claim, you may be able to recoup some deductibles, just not for property damage.

Talk to your lawyer about which claims it is best to file.

Call Our Philadelphia Car Accident Lawyers for Help Today

Call (215) 709-6940 for a free case evaluation with the Philadelphia car accident lawyers at The Reiff Law Firm.