Legal Question in Insurance Law in Pennsylvania

At-Fault and Uninsured Motorists: What's the law?

I was recently in a car accident in Philadelphia. I was hit by an uninsured motorist. I have damages exceeding $2,000. I have liability insurance coverage only. Therefore, my own insurance will NOT cover my expenses. Is the uninsured motorist automatically ''at-fault'' because she was uninsured. What's the law in Pennsylvania. I am told by my insurance carrier that I will have to file a civil lawsuit to recover damages caused to my car. Any help you can provide would be greatly appreciated.


Asked on 2/12/06, 9:11 am

1 Answer from Attorneys
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: At-Fault and Uninsured Motorists: What's the law?

Unfortunately, since it seems you do not have collision coverage or uninsured motorist coverage on your own auto insurance policy, the only way to possibly get reimbursed is to sue the uninsured (UM)driver & hope to be able to collect. The UM driver is not automatically at fault. You can sue in small claims court. In Phila you can call 2156861776 & asked for the tel# or to be connected to Phila Municipal court, which is small claims court. They'll help you prepare law suit papers. If you get a judgment against the UM driver which remains unpaid, you can notify PennDot, which will suspend the UM driver's license until the judgment is paid. Also, it won't help you for this case, but you should change your auto insurance policy to "full tort" & also add UM coverage. Good luck!!

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Answered on 2/12/06, 9:22 am


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