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Pennsylvania is one of a handful of states that has something called a no-fault system, under which the right of a car crash victim to file suit against the person responsible for that crash may be limited by what type of insurance coverage that injured person has. The benefit to this approach for individual drivers is that since every driver is required to purchase certain types and amounts of auto insurance coverage, there will generally be no need to sue after insurance covers most or all damages stemming from a particular wreck.
As you may have unfortunately learned the hard way, though, there are plenty of Pennsylvanians who choose to violate state law by driving without the proper amount of insurance, or with bare minimum coverage that cannot begin to cover the immense harm that a high-speed wreck may cause. For this reason, retaining a seasoned auto accident attorney can be especially crucial to getting fair financial restitution in the wake of an uninsured/underinsured car accident in Erie.
What Are the Insurance Requirements for Erie Drivers?
Because Pennsylvania is a no-fault state, all vehicle owners in the Commonwealth are required to purchase at least $5,000 of personal injury protection (PIP) insurance coverage. PIP provides reimbursement on a fault-free basis for medical expenses accrued by the policyholder and other people inside their vehicle for injuries sustained in a crash. All vehicle owners must also purchase liability insurance coverage—meant for other people involved in a collision involving the policyholder—providing at least:
- $15,000 for one person’s injuries
- $30,000 for all injuries
- $5,000 for all property damage stemming from a single wreck
If someone fails to purchase auto insurance as required above or allows their insurance coverage to lapse for more than 30 days while they continue to operate that vehicle on public roads, they are subject to a three-month suspension of their vehicle registration and must pay a fee to have that registration restored. Alternatively, drivers can pay a $500 civil penalty instead of having their registration suspended—a loophole which, unfortunately, is relevant to a large number of uninsured/underinsured auto accidents in Erie.
Taking Advantage of Uninsured/Underinsured Motorist Coverage
It is worth emphasizing that PIP insurance coverage kicks in regardless of who is at fault for the accident, so this type of coverage should be available even if the person at fault for the wreck is uninsured. However, if there is no liability insurance to make a claim against after PIP coverage is exhausted, the only options for further recovery are generally to:
- Take advantage of additional personal coverage
- File suit directly against the at-fault person and demand payment from their personal assets
Since most uninsured and underinsured drivers involved in Erie car accidents also do not have much in terms of personal income or property, litigation over these sorts of wrecks rarely results in much recovery either. For that reason, any experienced car accident lawyer will recommend that drivers pay a little extra in monthly insurance premiums to get uninsured/underinsured motorist (UM/UIM) coverage, an optional add-on to car insurance policies that is specifically designed for scenarios like this.
Contact an Erie Attorney for Help Dealing With an Uninsured/Underinsured Car Accident
Getting into an automobile wreck solely because of another person’s misconduct is always an aggravating experience, even if you are able to walk away from the crash with no serious injuries. Finding out that a negligent driver is also breaking the law by not being insured properly, though, can upgrade that experience from aggravating to infuriating—and even worse, it may leave you with few options for seeking the compensation you need for your losses.
Fortunately, that is where a seasoned and dedicated car accident attorney can step in to help. Call today to discuss your recovery options after an uninsured/underinsured car accident in Erie.
