How to Deal with Underinsured Motorists in Pennsylvania
Dealing with underinsured motorists can be a challenging experience for drivers in Pennsylvania. When you are involved in an accident with someone who does not have enough insurance coverage to pay for your damages, knowing how to handle the situation is crucial. Here are some steps to effectively navigate this issue.
1. Understand Pennsylvania's Insurance Laws
Pennsylvania follows a unique no-fault insurance system. This means that after an accident, your own insurance will typically cover your medical expenses and lost wages, regardless of who is at fault. However, if the at-fault driver is underinsured, you may need to rely on additional types of coverage, such as Uninsured/Underinsured Motorist (UM/UIM) coverage, which is optional but highly recommended.
2. Collect Evidence at the Scene
If you find yourself in an accident with an underinsured motorist, gathering evidence is essential. Take pictures of the scene, damage to the vehicles, and any visible injuries. Also, ensure you exchange information with the other driver, including insurance details, and obtain witness statements if available.
3. File an Insurance Claim
After the accident, report the incident to your insurance company as soon as possible. Provide them with all the necessary information, including the details about the other driver’s insurance and the accident itself. If the at-fault driver is deemed underinsured, your own UM/UIM coverage may come into play to cover the remaining costs not covered by their insurance.
4. Consider Legal Advice
If the damages are significant and your claim amount exceeds the other driver’s coverage, it may be wise to consult with a personal injury attorney. They can help you navigate the complexities of your case, particularly if you are dealing with injuries, pain and suffering, or significant property damage.
5. Evaluate Your Insurance Coverage
After an incident with an underinsured motorist, it's crucial to assess your own insurance coverage. Ensure you have adequate UM/UIM coverage to protect yourself in the future. In Pennsylvania, the minimum limits for UM/UIM are often insufficient, so consider increasing your coverage limits during your next renewal.
6. Stay Informed on Legal Options
In some cases, if you have extensive damages, you might need to file a lawsuit against the underinsured driver to recover costs. Keep in mind that time limits apply to filing personal injury claims in Pennsylvania, so be aware of the statute of limitations, which is typically two years from the date of the accident.
7. Take Care of Your Health
Lastly, prioritize your recovery. Medical treatment should be your first concern. Follow up with your healthcare provider, keep records of all treatments, and document any medical expenses incurred as a result of the accident. You can include these costs in your insurance claim or lawsuit, enhancing your chances of financial recovery.
Dealing with underinsured motorists in Pennsylvania can be stressful, but by understanding your rights, gathering evidence, and having the right insurance coverage, you can navigate the process more effectively. Always stay informed and seek professional help when necessary to protect your interests.