Uninsured and Underinsured Motorist Claims in Pennsylvania

Two different coverages

• Uninsured motorist (UM). The at-fault driver had no insurance, or was a hit and run driver who was never identified.
• Underinsured motorist (UIM). They had insurance, but not enough for the injury they caused. This is far more common than people expect, because Pennsylvania minimum limits are low.

Stacking is where the money is

If your household policy covers more than one vehicle, stacked coverage multiplies the available limit by the number of vehicles. On a policy with three cars, that can transform the recovery.

Stacking applies unless it was validly rejected in writing. Those waivers have specific statutory requirements as to form and wording, and defective waivers are a recognized and frequently successful challenge.

Do not accept an insurer’s statement that stacking was waived. Ask to see the signed waiver and have it examined.

Your insurer is now the opposing party

This is the uncomfortable part. In a UM or UIM claim you are claiming against your own carrier. They owe you a duty of good faith and Pennsylvania bad faith law applies, but they are also paying, and they will evaluate the claim like any other insurer.

Being unrepresented against your own carrier is not materially different from being unrepresented against a stranger’s.

Consent to settle

Most policies require you to obtain the UIM carrier’s consent before settling with the at-fault driver’s insurer. Settling without it can forfeit the UIM claim entirely.

This trap catches people who accept a quick offer from the other driver’s insurer and only later discover their own coverage was the larger source. Get advice before accepting anything.

Notice

UM claims involving unidentified drivers carry prompt notice requirements to police and insurer, and late reporting is the commonest reason they are contested. Report promptly even where you did not get a plate number.