You were hurt by a driver who had no insurance, too little insurance or who drove away. In Pennsylvania, the coverage that fills that gap is often in your own auto policy: uninsured motorist (UM) and underinsured motorist (UIM) coverage. Here is how it works under the Motor Vehicle Financial Responsibility Law (MVFRL) and how to protect your claim.
The short answer: if you bought UM or UIM coverage, or never validly rejected it, your own insurer may owe you for injuries the at-fault driver cannot pay for. Report the crash, notify your insurer promptly, and do not settle with the other driver's insurer before talking to your own.
What UM and UIM Coverage Are
- Uninsured motorist (UM) coverage protects people injured in a motor vehicle crash who are legally entitled to recover damages from the owner or operator of an uninsured motor vehicle (75 Pa.C.S. § 1731(b)).
- Underinsured motorist (UIM) coverage does the same when the at-fault vehicle is underinsured (75 Pa.C.S. § 1731(c)). An underinsured motor vehicle is one whose available liability insurance is insufficient to pay the losses and damages (75 Pa.C.S. § 1702).
Every auto liability policy issued in Pennsylvania for a vehicle registered or principally garaged here must offer UM and UIM coverage, but buying it is optional (75 Pa.C.S. § 1731(a)). To turn it down, the first named insured must sign and date a rejection form whose wording is set by statute. The insurer must print each form on a separate sheet, in prominent type. A rejection form that does not specifically comply is void. If the insurer cannot produce a valid rejection form, your UM or UIM coverage equals your bodily injury liability limits (75 Pa.C.S. § 1731(c.1)). You may also ask in writing for UM/UIM limits lower than your liability limits (75 Pa.C.S. § 1734).
Tip: Do not assume you "never bought" UM or UIM. If no valid signed rejection form exists, the coverage may be there after all.
Why Pennsylvania's Low Minimum Limits Make UIM Matter
Pennsylvania's minimum financial responsibility is $15,000 for injury to one person and $30,000 for injury to two or more people in one crash, plus $5,000 for property damage (75 Pa.C.S. § 1702). Every vehicle that must be registered here and is driven or currently registered must be covered by financial responsibility (75 Pa.C.S. § 1786(a)).
So the driver who hit you may carry only $15,000 for your injuries. Hospital care, surgery and lost wages can cost far more. When the at-fault driver's coverage runs out, your own UIM coverage may then respond to losses those limits do not cover, up to your UIM limits and subject to your policy terms.
Hit-and-Run Crashes and Unidentified Vehicles
Pennsylvania law defines an "uninsured motor vehicle" to include (75 Pa.C.S. § 1702):
- a vehicle with no liability insurance or self-insurance at the time of the crash;
- a vehicle whose insurer denies coverage or is, or becomes, insolvent; and
- an unidentified vehicle that causes an accident resulting in injury, if the crash is reported to the police or proper governmental authority and you notify your insurer within 30 days, or as soon as practicable after that, that you have a legal action arising out of the crash.
So a hit-and-run driver, or one who ran you off the road and kept going, can be treated as uninsured. The definition says the unidentified vehicle must "cause" the accident; it does not say that vehicle must have touched yours. A no-contact claim still has to be proven, so get witness names and call police right away.
Stacking and the Household Vehicle Exclusion
When more than one vehicle is insured, the UM/UIM limit applies separately to each vehicle, and the limits available to you are the sum of the limits for each vehicle on which you are an insured (75 Pa.C.S. § 1738(a)). This is called "stacking." Stacking can be waived only on the statutory waiver form, signed and dated by the first named insured; a form that does not comply is void (75 Pa.C.S. § 1738(b), (d), (e)). We cover the details in our stacking guide.
Two Pennsylvania Supreme Court decisions shape how household vehicle exclusions apply. In Gallagher v. GEICO Indemnity Co., 201 A.3d 131 (Pa. 2019), the Court held that a household vehicle exclusion violated the MVFRL where it acted as a de facto waiver of stacked UM/UIM coverage without the signed waiver § 1738 requires (see our Gallagher v. GEICO overview). In Erie Insurance Exchange v. Mione (Pa. 2023), a case that began in the Lehigh County Court of Common Pleas, the Court enforced household vehicle exclusions where the injured motorcyclist had rejected UM/UIM coverage on his motorcycle policy. It explained that Gallagher's de facto waiver reasoning does not apply when the exclusion does not interfere with the insured's ability to stack. Whether an exclusion holds up depends on your household's policies.
How Limited Tort Affects a UM/UIM Claim
If you chose limited tort and are barred under § 1705 from seeking noneconomic damages (pain and suffering), you also cannot recover noneconomic damages from UM or UIM coverage (75 Pa.C.S. § 1731(d)(2)). Limited tort has important exceptions, explained in our guide to limited tort vs. full tort in Pennsylvania. Also, if you recover under UM coverage, you cannot also recover under UIM coverage for the same accident (75 Pa.C.S. § 1731(d)(1)).
Steps to Protect an Underinsured or Uninsured Motorist Claim in Pennsylvania
- Report the crash to police. For an unidentified driver, a report to police or the proper governmental authority is part of the definition (75 Pa.C.S. § 1702).
- Notify your own insurer promptly. In a hit-and-run, the statute requires notice within 30 days, or as soon as practicable after that.
- Gather every policy in your household. Get the declarations pages and ask for any signed UM/UIM rejection forms and stacking waivers.
- Get consent before you settle with the at-fault driver. Your UIM policy may contain a consent-to-settle clause. Before you accept the other driver's policy limits or sign a release, notify your UIM insurer in writing and ask for its consent. In Nationwide Mutual Insurance Co. v. Lehman, 743 A.2d 933 (Pa. Super. 1999), the court held that an insurer that denies UIM coverage because its insured settled without consent must show its interests were actually prejudiced. Do not count on that rule; ask first.
- Keep treating and keep records. Medical records prove your losses.
UIM Arbitration or Court? Check Your Policy
Where a UM or UIM dispute is decided depends on your policy. Some policies contain an arbitration provision that sends disputes to arbitrators instead of a jury; others leave the dispute to the courts. Have the UM/UIM section of your policy reviewed before you choose a path.
Deadlines: Two Different Clocks
- Your injury lawsuit against the at-fault driver: generally two years (42 Pa.C.S. § 5524(2)). See our guide to the two-year deadline for car accident claims.
- Your UM/UIM claim against your own insurer: this is a claim under your insurance contract, and Pennsylvania courts have applied the four-year limit for contract actions in 42 Pa.C.S. § 5525 to it, not the two-year injury deadline. When that four-year clock starts has been fought over in the courts and can depend on your policy and your facts. Ask a lawyer promptly.
Frequently asked questions
What if the driver who hit me had no insurance?
It is an "uninsured motor vehicle" (75 Pa.C.S. § 1702). If you have UM coverage, or never validly rejected it, you may have a UM claim under your own policy.
How do I know if I rejected UM or UIM coverage?
Ask your insurer for the signed rejection forms. A valid rejection must be on the statutory form, signed and dated by the first named insured. If the insurer cannot produce a valid form, the coverage equals your bodily injury liability limits (75 Pa.C.S. § 1731(c.1)).
The other driver only had $15,000 in coverage. Can I still recover more?
Possibly. If your losses exceed the other driver's limits and you have UIM coverage, you may have a UIM claim under your own policy. Ask your UIM insurer for written consent before you accept the other driver's limits.
How long do I have to make a UIM claim?
Pennsylvania courts have applied the four-year deadline for contract claims (42 Pa.C.S. § 5525), not the two-year deadline to sue the at-fault driver. When it starts can depend on your policy and facts, so talk to a lawyer promptly.
Talk to a Lehigh Valley Car Accident Lawyer
A UM or UIM claim pits you against your own insurer, and policy language matters. Leeson & Leeson Accident and Injury Attorneys has fought for injured people across the Lehigh Valley since 1969. We can review your household's policies, rejection forms and crash facts to see what coverage applies. We serve clients in Allentown, Bethlehem and Easton.
Call (610) 691-3320 to schedule a consultation today.