UNDERINSURED CLAIMS IN PENNSYLVANIA, UNINSURED CLAIMS IN PENNSYLVANIA

UNDERINSURED AND UNINSURED CAR ACCIDENT CLAIMS

UNDERINSURED VS. UNINSURED CLAIMS IN PENNSYLVANIA


Pennsylvania law requires every driver to maintain automobile insurance in at least statutorily described minimums. For liability coverage the statutory minimum is $15,000.00. The liability coverage is that portion of the insurance that would be used to pay for injuries caused by a negligent driver. For example, if driver A runs a red light and hits driver B, any recovery by driver B against driver A (as determined by settlement or verdict) will be paid from driver A’s liability coverage. If driver A has sufficient liability limits to cover driver B’s injuries then the amount will be paid. If however, driver A does not have sufficient liability limits driver A would be personally liable for the difference.
Practically speaking, it is often difficult to obtain money in excess of the insurance limits. However, underinsured coverage can be utilized. Simply put, underinsured coverage applies when a person is injured by a negligent driver who does not have sufficient liability insurance. In the example above, if driver A only had $15,000.00 in liability coverage and driver B’s injuries were in an amount greater than $15,000.00 then driver B could seek to recover from the underinsured coverage of his own policy. Underinsured coverage is waivable and available in varying amounts. Also, in some situations the underinsured coverage that applies to each car in the injured party’s household may be available. The declaration page of the insurance policy will specify the amount of underinsured coverage available.
In the event you are injured by an underinsured driver, your attorney will notify your insurance carrier that you are pursuing an underinsured claim. Underinsured claims can be arbitrated where the insurance company’s attorney selects an arbitrator, your attorney selects an arbitrator and the two arbitrators agree on a neutral arbitrator. An underinsured arbitration proceeds like a mini-trial and an award is made. The underinsured carrier gets a full credit for the amount of liability coverage carried by the negligent driver. Again, in the example above, the underinsured carrier would not have to pay until the underinsured award exceeded $15,000 i.e. if the award was $45,000.00 the underinsured carrier would only have to pay $30,000.00.
Uninsured coverage works much the same way as underinsured but it involves injuries caused by a driver that was not insured or that could not be identified. The big difference is that the uninsured carrier gets no credit for other liability coverage because there is no other coverage.
Underinsured and uninsured coverage can be very important in assuring that an injured party receives maximum recovery for their injuries. Underinsured and uninsured claims have some specific requirements and peculiarities that require the assistance of a knowledgeable attorney.
If you or a friend or relative would like to discuss a potential underinsured or uninsured automobile accident claim please feel free to contact Steven Reilly at 610-272-7075 or sreilly@reillylawpc.com. The consultation and investigation are at no cost to the client and I only take a fee (a percentage of the recovery) if there is a recovery. Please feel free to call or contact me with any questions.


Bookmark and Share

Quick Contact

Name:

Phone:

Email:

Tell us more:


Steven F. Reilly, PC
509 Swede Street
Norristown, PA 19401
Phone: (610) 272-7075
Fax: (610) 272-5729

Get Directions

Free Reports

5 Pennsylvania Malpractice Myths

FAQs

Car Accident

What if I was injured by a driver with no insurance or too little insurance?

What is limited tort?

view all

©2010 Steven F. Reilly, PC, All Rights Reserved, Reproduced with Permission
Attorney website design by Foster Web Marketing, the best attorney website design solution on the Web offering search engine optimization for attorneys, lawyer website design, video for attorneys, and more.
Get SEO Tips from The Attorney Internet Marketing Blog

Served By: A