Getting hit by an uninsured driver in Pennsylvania puts you in a frustrating spot — the person responsible for your injuries has no insurance to pay for them. In Philadelphia, where traffic is heavy and accidents happen daily on roads like I-76, I-95, and Roosevelt Boulevard, this situation comes up more often than most people expect.
The good news is that being hit by an uninsured driver does not automatically mean you are out of options. Several paths to recovery may be available depending on your own insurance policy and the facts of your crash. Understanding those options quickly matters, because evidence fades and deadlines are real.
This page walks you through what typically happens in these situations and what steps tend to protect your claim. It is general information — not legal advice — and an attorney can review the specifics of your case at no cost through After the Crash.
Does Pennsylvania Require Drivers to Carry Insurance?
Yes, Pennsylvania law requires drivers to carry auto insurance, but a meaningful number of people on Philadelphia roads are driving without it anyway. Minimum required coverage includes bodily injury liability, property damage liability, and first-party medical benefits — yet uninsured drivers exist throughout the state.
When the at-fault driver has no insurance, you cannot file a claim against their policy because there is no policy to file against. That shifts the focus to your own coverage and any other sources of recovery an attorney can identify.
What Is Uninsured Motorist Coverage and Do I Have It?
Uninsured motorist (UM) coverage is insurance you carry on your own policy that pays when the at-fault driver has none. In Pennsylvania, insurers are required to offer UM coverage, though drivers can sometimes waive it in writing. Whether you have it — and how much — depends on your specific policy.
If you have UM coverage, you would file a claim with your own insurance company. This is not the same as filing a collision claim; UM coverage is specifically designed for situations where the other driver caused the crash and cannot pay.
Pull out your declarations page or call your insurer to confirm what coverage you carry. An attorney can also review your policy and confirm what applies to your situation.
What If I Do Not Have Uninsured Motorist Coverage?
Without UM coverage, your options narrow, but they do not disappear entirely. A few avenues that come up in cases like this include the following four possibilities.
- Your own medical payments (MedPay) or first-party benefit coverage, which Pennsylvania personal injury protection rules may require, can help cover medical bills regardless of fault.
- Health insurance may cover treatment costs, though liens and subrogation rights can complicate things later.
- If the uninsured driver has personal assets, a lawsuit against them directly is sometimes an option — though collecting on a judgment against someone with no insurance can be difficult.
- If a third party contributed to the crash — a negligent road condition, a defective vehicle part, an employer whose worker caused the accident — there may be additional claims worth exploring.
An attorney can look at the full picture of your crash and identify which of these paths makes sense for your case.
Should I Give a Recorded Statement to My Own Insurer?
You should speak with an attorney before giving any recorded statement, even to your own insurance company. When you file a UM claim, your own insurer takes on a role similar to an opposing party — their financial interest is to pay out as little as possible on your claim.
Statements made early, when you are still in pain and do not have a full picture of your injuries, can be used to limit what you recover later. This is true even when you believe your insurer is on your side.
How Does the Crash Report Affect My Claim in Philadelphia?
The police report from your Philadelphia crash is one of the most important documents in your case. It establishes who was involved, what the officer observed at the scene, and whether the other driver was cited. It also typically notes whether the other driver showed proof of insurance — which matters directly in an uninsured motorist claim.
If police responded to your accident, get a copy of the report as soon as it is available through the Philadelphia Police Department. If no report was filed, an attorney can advise on how to document the crash facts now.
Evidence also disappears quickly — surveillance footage from nearby businesses gets overwritten, vehicles get repaired, and witnesses become harder to locate. Moving promptly helps preserve what exists.
Does It Matter If I Was Partly at Fault for the Accident?
Pennsylvania follows a comparative fault system, which means your share of fault can reduce what you recover, but may not eliminate your claim entirely. The specific rules and thresholds matter, and an attorney can confirm how they apply to your facts.
Do not assume that because you may have contributed in some way to the crash, you have no claim. That determination is fact-specific and worth having reviewed.
How Long Do I Have to File a Claim in Pennsylvania?
Statutes of limitations set a deadline on how long you have to take legal action, and in Pennsylvania, that window is generally two years from the date of the accident for personal injury claims — though exceptions exist and an attorney should confirm the deadline for your specific situation.
Missing the deadline typically means losing the right to pursue compensation entirely, regardless of how strong your case is. In Philadelphia, as anywhere in the state, waiting too long is one of the most common ways injured people lose their options.
Starting the process early also gives an attorney time to investigate, preserve evidence, and negotiate from a stronger position.
Frequently Asked Questions
Can I sue an uninsured driver directly in Pennsylvania?
Yes, you can file a lawsuit against an uninsured driver personally. Collecting on any judgment can be difficult if they have limited assets, but it is a legal option worth discussing with an attorney.
What if the uninsured driver fled the scene?
A hit-and-run may still be covered under your uninsured motorist policy. Report the incident to police immediately and document everything. An attorney can explain how hit-and-run rules apply in Pennsylvania.
Will filing a UM claim raise my insurance rates?
Possibly, depending on your insurer and policy terms. Pennsylvania law limits certain surcharges in no-fault situations, but an attorney or your insurer can clarify how your specific policy handles UM claims.
Does Pennsylvania require uninsured motorist coverage?
Insurers must offer UM coverage in Pennsylvania, but drivers can waive it in writing. Check your declarations page or ask your insurer to confirm what your current policy includes.
How much is a UM claim worth?
It depends on your injuries, medical costs, lost wages, and policy limits. No specific outcome can be promised — an attorney can review your facts and give you a clearer picture.
If you were hit by an uninsured driver in Philadelphia, PA, you do not have to sort through your options alone. After the Crash can connect you with a local Philadelphia car accident attorney for a free case review — no obligation, no cost to you. Start your free case review here.