Under Pennsylvania law, it is illegal to drive without insurance. Yet thousands of drivers across the state continue to drive uninsured. Your ability to sue an uninsured driver after a car accident injury depends primarily on your insurance policy. You may be able to sue the uninsured driver for both economic and non-economic damages if you have uninsured motorist coverage on your policy. Pennsylvania has a minimum coverage limit of $30,000 per accident for uninsured motorist policies, while maximums vary by policyholder and insurance company.
This latest post explains the process behind successfully suing an uninsured driver for a car accident settlement in Pennsylvania.
The Steps to Take After an Accident with an Uninsured Driver Causes
Unfortunately, suing an insured driver does not guarantee compensation for your injuries. Even if the injury claim goes to a jury trial and the jury rules in your favor, the uninsured driver may not have the assets or income to pay the judgment. Prevent wasted time and resources by speaking with a personal injury lawyer about your claim and analyzing the other party and their assets.
Your personal injury lawyer will evaluate your policy and review the circumstances of your accident to first see if you have a claim under Pennsylvania law. The lawyer will explore your uninsured motorist coverage and determine whether you can file a claim with your insurance company for injury damages.
If you hire an injury lawyer to represent you, they can investigate the other party and determine whether they have requisite assets for fair compensation.
What Do I Have to Prove to Secure Damages in an Uninsured Motorist Claim?
- The other driver caused the accident
- You sustained damages as a result of the accident
- The other driver’s actions caused your damages
Third-Parties Can Be Held Responsible for Car Accidents with Uninsured Drivers
While most accidents involve two vehicles and one at-fault driver, there are cases in which your injuries may be the fault of multiple liable parties. Consider, for example, the following potential parties to your uninsured driver accident claim:
- An establishment that over-served the at-fault uninsured driver
In cases where an establishment such as a bar or restaurant over-serves the at-fault driver and the driver, you can sue the establishment for your injuries under the state’s dram shop laws. Suing through the Pennsylvania Dram shop laws requires proving the establishment served the at-fault driver when the driver was already intoxicated.
- Local governments who fail to fix or warn the public of a road hazard
Car accident injury victims have succeeded in suing local governments for failures to address potholes and other road hazards. If the entity is responsible for road maintenance and the failure of their maintenance is proven to have been a factor in your injury, you may have a case for a settlement.
- Automotive manufacturers who produce defective parts
If, during the investigation, investigators discover a defective car part caused your accident injuries, you may sue the vehicle manufacturer for damages.
Why Uninsured Driver’s Claims Often Cause Insurance Disputes
Unfortunately, because uninsured drivers often have limited resources and no other insurance company can pay the settlement, communication between policyholders and their insurance companies regarding uninsured driver claims can become fractious. You may face the following challenges when dealing with your insurance company:
- Insurance undervalues your claim: the insurance company can undervalue your claim to reduce costs. They may start the negotiations with a far lower settlement than they would when handling a traditional car accident claim involving two insured drivers.
- Inadequate accident investigation: When the insurance adjuster handles a claim involving a party without insurance, they are less likely to devote significant resources to the investigation. Therefore, there’s a chance you get a clear picture of how the accident occurred and the potential responsible parties involved.
- No-justification denials: You might get a call or written notice from your insurance company telling you they deny your claim without clear justification.
- Lack of due consideration of full uninsured motorist coverage: The complexities of underinsured motorist coverage and the lack of resources at the disposal of the insurance company can often cause a failure to interpret the policy.
What If The Uninsured Driver Has Resources But Refuses To Pay?
Your auto accident lawyer can help you craft a plan for resolving a claim where an uninsured driver has assets but refuses to pay.
Options to secure a fair settlement might include:
Placing a lien on their property
When an uninsured driver has established resources such as a property, the courts may impose a lien to allow you to extract a settlement based on the property’s market value.
Offering a Payment Plan
The court may allow the at-fault driver to pay the settlement in installments via a payment plan. Payment plans can help reduce the impact of the full judgment on the at-fault driver’s day-to-day life while ensuring you receive the total compensation due to you through the courts.
Call Philadelphia Personal Injury Lawyer for All Injury Settlement Disputes
If you or someone you love suffer injuries in a car accident, you deserve full compensation for the total impact of your injuries.
Philly Personal Injury Lawyer Jeffrey Penneys has over 30 years of experience and won settlements in cases involving drivers without insurance. His calm, focused communication style and his broad background in Pennsylvania law make him a formidable force on your side when dealing with insurance companies.
Learn your options after an accident with an uninsured driver. Request your free, no-obligation car accident case consultation by calling Jeffrey Penneys at (215) 798-9416.