Being injured in a car accident is stressful enough without discovering that the driver who caused it doesn’t have enough insurance, or any insurance at all, to cover your losses. Fortunately, Pennsylvania law gives you a path forward in this situation, provided you know where to look. Our experienced Johnstown personal injury attorneys at Silverman, Tokarsky & Forman, L.L.C., can help you understand your options.
Your Own Policy May Be Your Best Resource
Pennsylvania requires insurance companies to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage as part of every auto policy. UM coverage applies when the at-fault driver has no insurance at all, while UIM coverage applies when the at-fault driver’s policy limits aren’t enough to cover the full extent of your damages. If you carry either type of coverage, you can generally file a claim directly with your own insurance company rather than pursuing a driver who has little or nothing to offer.
It’s worth noting that Pennsylvania law presumes you have this coverage unless you specifically rejected it in writing. If you’re not sure what your policy includes, reviewing it with an attorney early on is a smart step.
Understanding Stacked Coverage
If you own more than one vehicle, or if multiple vehicles in your household are insured under the same policy, you may be entitled to what’s called stacked coverage. Stacking allows you to combine the UM or UIM limits across multiple vehicles, which can significantly increase the total amount available to you. Like the coverage itself, stacking is the default under Pennsylvania law unless you signed a valid written waiver rejecting it.
The Claims Process Looks Different
Filing a UM or UIM claim isn’t quite the same as filing a claim against another driver’s insurance company. Because you’re making a claim under your own policy, the process functions more like a contract dispute than a standard negligence claim. This distinction matters because it affects the timeline you have to act. Rather than the shorter period that applies to typical injury claims against another driver, Pennsylvania law generally gives you four years to bring a UM or UIM claim, measured from the date of the accident or the date your insurer last paid a related benefit.
Even though this timeline is longer, it’s still wise not to wait. Insurance companies are not obligated to make this process easy, and your own insurer, despite the arrangement, isn’t necessarily on your side once a claim is filed. They may dispute the extent of your injuries, argue that a portion of the fault belongs to you, or offer a settlement that falls short of what your claim is actually worth.
What You’ll Need to Prove
Whether you’re dealing with an uninsured or underinsured driver, you’ll still need to establish the other driver’s negligence and document the full extent of your damages, including medical expenses, lost income, and pain and suffering. Thorough documentation matters just as much here as it would in any other car accident claim.
Our Experienced Johnstown Car Accident Attorneys Can Help
Dealing with your own insurance company after being hit by an uninsured or underinsured driver can be more complicated than it should be. Our knowledgeable Johnstown car accident attorneys at Silverman, Tokarsky & Forman, L.L.C., are prepared to help you pursue the compensation you’re entitled to. Learn more by contacting us online or giving our firm a call at 814-536-8600 today.
