Hit and Run Lawyers in Pennsylvania: Your Own Policy Is the Claim

The driver left. Uninsured motorist coverage is what this is for, and it has deadlines of its own.

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Kenneth R. Schuster, founding member of Schuster Law
Kenneth R. Schuster Founding Member. Practicing in Delaware County since 1982.

When the driver leaves, the claim is normally against your own uninsured motorist coverage, which exists precisely for this. Report to the police promptly because these claims carry notice requirements, and understand that your own insurer is now the opposing party in practice even though it is your policy.

Your insurer becomes the other side

This is the part that unsettles people. In an uninsured motorist claim you are claiming against your own carrier, and while they owe you a duty of good faith, they are also the party paying. They will evaluate your injuries, question your treatment and make an offer the same way any other insurer would.

It remains your policy and your right, and Pennsylvania bad faith law applies if they handle it unreasonably. But it is not a formality, and being unrepresented in a UM claim is not materially different from being unrepresented against a stranger’s insurer.

Report promptly, and get the report number

Uninsured motorist claims for phantom or fleeing drivers typically require prompt notice to the police and to the insurer. Delay is the most common reason these claims are contested.

Report even if you did not get a plate. Especially then, because the police report is what establishes that the crash happened as you describe it.

Finding the driver is often possible

People assume a fled driver is gone. Frequently they are not:

  • Vehicle debris. A broken mirror housing, trim, or headlamp fragment carries part numbers that identify make, model and often model year.
  • Paint transfer on your vehicle.
  • Nearby video, from businesses, doorbell cameras and transit vehicles, most of which overwrites within weeks.
  • Body shops. A vehicle with that damage pattern has to be repaired somewhere.

Photograph debris where it lies before the road is cleared, and do not have your own vehicle repaired before the paint transfer is documented.

Stacking, and how much coverage you really have

If your household has more than one vehicle on a policy, stacked uninsured motorist coverage can multiply the limit available, unless somebody signed a waiver rejecting stacking. Those waivers are common and they are also frequently defective, which is a genuine argument rather than a technicality.

Send us every declarations page in the household. It is normal for the available coverage to turn out considerably larger than people believed.

Phantom vehicles that never touched you

Where a driver runs you off the road without contact, Pennsylvania generally requires independent corroboration rather than your account alone. A witness, video, or physical evidence at the scene. This is a real limitation and it is another reason to look for cameras in the first days.

The attorneys who handle these cases

Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.

Questions people ask us about this

The driver drove off. Who pays for my injuries?

Normally your own uninsured motorist coverage, which exists for exactly this. It is your policy and your right, though in practice your insurer becomes the party evaluating and disputing your claim, so it is not simply a matter of filling in a form.

I did not get a plate number. Does that end it?

No. Report to the police anyway, promptly, because the report is what establishes the crash. Debris part numbers, paint transfer and nearby video frequently identify a fleeing vehicle, so photograph debris where it lies and do not repair your own car before the paint transfer is documented.

How much uninsured motorist coverage do I have?

Often more than you think. If your household policy covers multiple vehicles, stacking can multiply the limit unless a waiver rejecting it was signed. Those waivers are common and frequently defective. Send us every declarations page in the household before assuming the limit is small.

Is my own insurance company on my side?

They owe you a duty of good faith and Pennsylvania bad faith law applies if they handle the claim unreasonably. They are also the party paying, so they will scrutinise your treatment and value the claim conservatively. Treat it as a claim to be proved rather than a form to be filed.

A car ran me off the road but never touched me.

That is a phantom vehicle claim, and Pennsylvania generally requires corroboration beyond your own account: a witness, video, or physical evidence at the scene. It is a real hurdle, which is why looking for cameras in the first days matters.

Do I have to report it right away?

Yes. Uninsured motorist claims involving fleeing or phantom drivers typically carry prompt notice requirements to both the police and your insurer, and late reporting is the most common reason these claims are contested.

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Tell us what happened. A named attorney reads every one, and you pay nothing unless we recover for you.

Step 1 of 2: what happened

Two questions in, and nothing about you yet. Free, and it does not commit you to hiring us.

Would rather talk now? (610) 601-2980