When an uninsured driver hits you, you may need a lot more help than your insurance can give you. Still, is it worth suing an uninsured driver? Most people doubt it, but it all depends on the driver involved.
Following any collision, a survivor should consult a motor vehicle accident attorney about their circumstances. Your attorney can help you explore any options you have for compensation after your crash.
A Pennsylvania driver has to claim damages from their own insurance before they can file a claim against another driver’s liability insurance, according to the law at 75 Pennsylvania Consolidated Statutes § 1713. UM/UIM coverage will handle accidents with uninsured or underinsured motorists, but the driver may not have accepted that coverage or taken enough of it for their needs.
Liability insurance provides coverage for injuries and damage to other drivers. Pennsylvania requires drivers and motorcyclists to carry liability insurance, but the minimum legal coverage may not be enough for a major collision, even if it exists.
A serious accident could easily exceed the minimum limits in Pennsylvania: $15,000 for a single person’s injuries, $30,000 per accident, and $5,000 for property damage.
You can retain the right to sue an uninsured driver. Even someone on a limited tort policy can still sue an uninsured driver, especially after a serious injury, per 17 Pa.C.S. § 1705(d)(iv). An experienced attorney can work with you to find out whether suing the uninsured driver would help you or waste your resources.
An investigation may show that the driver actually has sufficient assets or income, especially if their insurance had only recently lapsed. In that situation, an uninsured driver may be willing to settle rather than face a lawsuit.
An uninsured driver may not have enough assets to make a lawsuit worthwhile, but this is not always true. Talk to our attorneys before you decide to take your losses.
Soloff & Zervanos, P.C., offers tenacious representation throughout eastern Pennsylvania. Get in touch today, and make your first appointment before any crucial deadlines pass.
