What Happens If the Person at Fault in an Accident Has No Insurance in Pennsylvania?

The Commonwealth of Pennsylvania follows a hybrid no-fault system, allowing motorists to choose between limited and full tort coverage under 75 Pa. Cons. Stat. § 1705. This election determines the scope of legal claims available after an accident. Under limited tort coverage, a driver may recover medical expenses and out-of-pocket costs from their insurer, regardless of fault. Still, their ability to sue for non-economic damages is restricted—unless the at-fault driver is uninsured.

In contrast, full tort coverage provides the insured with unrestricted rights to pursue compensation for all damages, including pain and suffering, regardless of the severity of injuries or the insurance status of the at-fault driver. When an at-fault driver has no insurance, they remain personally liable for the injured party's losses. However, recovering compensation can be challenging if uninsured individuals lack sufficient assets or income.

Driving without insurance is classified among Pennsylvania traffic violations and infractions, and it can lead to penalties such as license suspension, vehicle registration revocation, fines, and increased civil exposure in accident-related lawsuits.

Is It Illegal To Drive Without Insurance In Pennsylvania?

Yes. Driving without insurance in Pennsylvania violates Pennsylvania's Motor Vehicle Financial Responsibility Law (MVFRL) (75 Pa. Cons. Stat. § 1786). According to the statute, every registered vehicle must be covered by liability insurance.

People who violate the law run the risk of the following consequences:

• $300 minimum first offense fine
• Three-month driver's license and vehicle registration suspension
• Civil penalties paid to the Department of Transportation for the restoration of licenses and other driving privileges
• Potential vehicle impoundment and license plate confiscation

What Is the Minimum Insurance Requirement in Pennsylvania?

Every registered vehicle in Pennsylvania, such as trucks, cars, motorcycles, vans, buses, and recreational vehicles, must have liability insurance coverage. This policy provides the following:

• $15,000 for one person's death or injury arising from an accident
• $30,000 for multiple people's injury or death
• $5,000 for damage to someone else's property

However, the MVFRL also mandates that insurance companies offer uninsured and underinsured motorist coverage, which policyholders can accept or reject. This type of coverage covers expenses in situations where the at-fault driver lacks or has inadequate insurance.

According to the law, insurance companies must provide UM and UIM coverage up to the following amounts:

• $100,000 per person
• $300,000 per accident
• A single limit of $300,000

Customers can still elect to purchase the minimum coverage policies of $15,000 (one person), $30,000 (multiple persons), and $5,000 (damage to property) or reject the UM and UIM offer. Insurance companies can also offer higher coverage than the mandatory maximum.

Additionally, insurers must provide the following higher coverage tiers:

• Medical benefits: Up to $100,000, with extraordinary benefits from $100,000 to $1,100,000 in $100,000 increments
• Income loss benefits: At least $2,500 monthly and up to $50,000 total
• Accidental death benefits: Up to $25,000
• Funeral benefits: Up to $2,500
• Alternative package that combines medical, accidental death, lost income, and funeral costs: Up to $177,500 or coverage for three years, whichever comes first, provided the accidental death part is limited to $25,000 and funeral benefits to $2,500

Like other optional policies, individuals can choose lower tiers, and insurers can offer higher coverage.

What To Do After A Car Accident With an Uninsured Driver in Pennsylvania

Under 75 Pa.C.S. § 3746, drivers must report accidents to the police if there is severe vehicle damage, serious injury, or a fatality. This police report officially documents the at-fault driver's uninsured status and provides evidence for filing claims.

The next step involves contacting one's insurance company if one has uninsured motorist coverage. This coverage handles medical and other expenses, depending on the amount included in the policy. It will be helpful to gather evidence at the scene that can assist claims, such as photos of the damaged vehicle and injuries, license plate numbers, vehicle make/model, and witness names and contact information.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

Under 75 Pa. C.S. § 1705(a)(5), an uninsured party is regarded as having limited tort and can claim only financial damages from the other driver's insurance company.

However, if the offending driver is found to be driving a commercial vehicle, an out-of-state car, has wilfully caused the accident, or gets a DUI conviction, then the victim may claim the full range of damages (75 Pa. C.S. § 1705(d). The uninsured no-fault driver retains full suing rights if the driver at fault is also uninsured.

Can I Sue an Uninsured Driver in Pennsylvania?

In Pennsylvania, the at-fault driver's insurance status has no bearing on a car accident claim. An uninsured at-fault driver can still be sued by the no-fault party. If the victim has insurance, they can file a full claim; if uninsured, they are typically limited to an economic claim.

Disputes concerning economic damages up to $12,000 can be resolved in the Magisterial District Court, where legal representation is not mandatory. More complex claims, often involving bodily injury, property damage, and various forms of emotional distress, are typically handled by the Court of Common Pleas.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Pennsylvania?

Yes. With the right coverage in place, an accident victim can access their insurance when an uninsured person causes a car accident. Pennsylvania auto insurance works as follows:

• Uninsured/Underinsured Motorist (UM/UIM): Default part of every insurance package unless waived in writing. It covers bodily injuries, is accessible for lost wages, pain and suffering, and can be used to top up medical bills (75 Pa.C.S. § 1731).
• Medical Expense Benefits: Mandatory, with a minimum of $5,000 per person per accident. It covers immediate medical needs after a crash regardless of fault (75 Pa.C.S. § 1711).
• Collision Coverage: Optional no-fault coverage for the policyholder's vehicle repairs.

What Is Uninsured Motorist Coverage in Pennsylvania?

Uninsured motorist insurance in Pennsylvania protects the victim driver, a passenger, or a pedestrian when injured in an accident by an uninsured driver. Underinsured coverage is designed to pay the balance when the responsible driver has insurance, but their payout cannot fully cover the victim's medical and other costs.

Under the state's insurance code, every insurer must offer UM and UIM coverage, though a driver may reject it formally in writing (75 Pa.C.S. § 1734). The limits for UM and UIM are typically the same as for standard liability coverage.

What If I Don't Have Uninsured Motorist Coverage in Pennsylvania?

For a person without UM coverage injured by a driver without insurance in Pennsylvania, a few routes to compensation exist, including the following:

Sue the At-fault Driver

Regardless of their UM coverage, individuals with a full tort policy can sue an at-fault driver for property, bodily, and intangible damages. Civil claims of $12,500 or less may qualify for expedited hearings at the Magisterial District Court.

License Suspension Until Judgment Paid

If a judgment stays unpaid beyond the time legally stipulated, the claimant may petition the court to suspend the at-fault person's driver's license and vehicle registration until they fulfill their obligations. Once the court sends a copy of the judgment to the Pennsylvania Department of Transportation (PennDOT), the agency is duty-bound to act (75 Pa.C.S. § 1772).

Consider the Assigned Claims Plan

This government program is available to an uninsured passenger or pedestrian who gets injured in an accident and meets the other strict eligibility conditions. Approved individuals can claim up to $5,000 for medical bills and $15,000 for bodily injury (75 Pa.C.S. § 1751-1757).

Victims Compensation Assistance Program

VCAP may offer medical and counseling support to individuals subjected to a violent crime, such as aggravated assault by vehicle, by another driver. This program only triggers upon the occurrence of serious misdemeanors and felonies under the Crime Victims Act.

In addition, injured individuals can claim compensation under family insurance if their relative's household policy provides for that. One can also sue an at-fault driver's employer if the incident occurs while performing official duties.

How Do I Get Compensation from an Uninsured Driver in Pennsylvania?

The victim of an accident in Pennsylvania may reach a private agreement with the at-fault driver for their losses. Otherwise, the victim can file a claim in court for damages. For example, the Court of Common Pleas processes claims above $12,000.

With civil cases, the plaintiff files a complaint at the Prothonotary's Office specifying all relevant details of the incident and the judgment sought (Pa.R.C.P. 1019). The defendant is served the complaint along with a writ of summons by the county sheriff or another eligible individual, typically in person (Pa.R.C.P. 400, 402).

The defendant has 20 days to respond, after which the plaintiff may send them a "Notice of Intent to Take Default Judgment". If there is still no response 10 days after this, the court typically pronounces a default judgment, which grants the plaintiff all the reliefs sought (Pa.R.C.P. 237.1, 1037).

When the defendant responds, discovery begins, during which both sides exchange information and try to reach a settlement per Pa.R.C.P. 4000. If the parties cannot reach an agreement, a trial ensues until the court dispenses judgment.

How Much Can You Recover From an Uninsured At-Fault Driver in Pennsylvania?

In Pennsylvania, individuals with a full tort policy can claim the full extent of damages, both measurable and intangible, from an uninsured at-fault driver. While those with a limited tort policy generally cannot claim non-economic damages, an exception under 75 Pa.C.S. § 1705 allows them to do so if the at-fault driver is uninsured. This provision acts as a penalty, holding uninsured drivers liable for the entire spectrum of damages.

An individual can obtain a judgment of up to $12,000 in Pennsylvania's small claims court but must use the court of common pleas for larger claims. Judgments accrue interest at 6% per annum until paid (42 Pa.C.S. § 8101).

Practically, an uninsured driver may lack the assets to pay money owed from a claim, resulting in a paper judgment. This is why the legal system encourages settlements, even if the victim might have to agree to a lower compensation figure.

How To Find Out If the At-Fault Driver Has Insurance in Pennsylvania

Pennsylvania law stipulates that all drivers involved in a car collision must exchange personal, vehicle, and insurance information at the scene (75 Pa.C.S. § 3744). This provides an opportunity to learn the insurance status of the at-fault driver. The on-scene officer also collects insurance information of all drivers for the police accident report (Form AA-600). The parties involved can obtain this report for a small fee.

A person can also use their insurance company to determine if the other driver has insurance. When the no-fault person submits a claim, their policy provider typically queries industry databases to check the other party's coverage status. Additionally, once discovery begins in a civil claim, the plaintiff can obtain the other party's insurance documents under Pa.R.C.P. 4009.1.

Are Accidents Public Record in Pennsylvania?

Pennsylvania has a Right-to-Know Law (RTKL) that presumes governmental records as public unless restricted for a legitimate reason. The official police accident report is considered part of the excluded list under 75 Pa.C.S. § 3754, which stipulates that authorized parties can only view the record. The same principle governs driver records at PennDOT under 75 Pa.C.S. § 6114, which allows access only for permissible use.

Once the accident details become court records, then they can be viewed by the general public unless sealed by a judge.

Can You Go to Jail for Causing an Accident Without Insurance in Pennsylvania?

A person who drives without insurance in Pennsylvania is usually slapped with financial and administrative penalties only. State law classifies the violation as a summary offense, and the minimum consequences are fines ($300), license suspension (3 months), and registration suspension (3 months) under 75 Pa.C.S. § 1786(d).

The violation becomes a first-degree misdemeanor under 75 Pa.C.S. § 7122 when fraud is involved, such as creating or using a fake insurance ID. The potential punishment includes a hefty fine and up to 5 years in jail.

Can You Settle With an Uninsured Driver Out of Court in Pennsylvania?

Yes. The Pennsylvania Uniform Written Obligations Act recognizes settlements without trial as binding and enforceable as long as they are intended to be legal, correctly written, and signed by all parties. If the at-fault driver later violates the terms, the individual can sue them for breach of contract. However, the desire for a quicker resolution must be balanced against an assessment of the uninsured person's ability to honor the settlement.

Can I Get Compensation If I Was Partially at Fault?

Pennsylvania operates a modified comparative negligence system to determine how to apportion fault and compensation when an accident happens. Also known as the 51% rule, it states that an individual with partial fault can claim compensation as long as their fault does not exceed 50%.

So when a car crash occurs, the court reduces the total damages due by the total fault accrued. A victim with 25% fault gets 75% of the determined damages, and one with 50% fault gets 50% of the claimable damages.

However, if the fault is 51% or greater, the person loses their rights to claim any damages. They get nothing.