If you were in a car accident in Pennsylvania and learn that the other driver at fault does not have insurance, can you still recover for your damages?
There are different types of potential insurance coverage for your damages.
First, in Pennsylvania, you are required to have medical coverage under your own policy. This is called "no fault" or Personal Injury Protection (PIP) coverage. Regardless of whose fault it is, the initial medical bills are always covered by your own auto insurance company. This will be up to the limits of your coverage (Pennsylvania Insurance Law requires that you have at least $5,000 in medical coverage).
You may also have first-party, or sometimes called "no fault", wage loss coverage on your own policy. Under PA Law, if you have this coverage, you would be able to apply for and recover lost wages caused by the accident up to the limits of your coverage (the first 5 days are not included - this is a standard deductible in Pennsylvania).
As to your injuries, this is where it gets less certain. You best way to recover for those injuries when the other driver has no auto insurance is if you have "uninsured motorist" coverage. You want to ask your insurance company for a copy of your coverage and whether you have uninsured motorist coverage. That coverage is not mandatory.
You are permitted to have uninsured motorist ("UM") coverage of equal to or less than the amount of your liability coverage. UM coverage protects you and your family against other drivers who have no insurance or leave the scene (hit and run). You should consult with an experienced personal injury lawyer in Pennsylvania who can explain your rights under your policy due to the crash. Ask the lawyer what experience they have handling uninsured motorist cases and insurance "first-party" cases.
If your insurance company informs you that you do not have UM coverage, you should still speak with a personal injury lawyer. There may still be issues with the coverage that are exceptions. For example, if you were not provided with the proper forms to reject that coverage in writing by the insurance company, you may still have a claim.
If it does turn out that you have no UM coverage and you have injuries, you might have another route to recover damages. It is possible to bring a claim against the at-fault driver personally. This is difficult because, if he/she has no insurance, you would have to try to collect damages against them personally. This might include having to get a judgment in Court. Often, such judgments can be discharged in Bankruptcy or the person can simply not pay and leave you to try to collect money damages from someone who does not personally have much if any money to pay.
If you were a victim of a crime as a result of the car accident, such as the other driver was guilty of driving under the influence (DUI), you may be able to file a request for Victim Restitution as part of the driver's criminal sentence. But, this also involves issues with collecting money from someone personally who may not have much, if any, money. If there was a DUI involved and the driver had left from, or had been drinking at, a bar, then there may be a case against the bar for serving the driver while he/she was visibly intoxicated. These facts involve more difficult legal issues and you should check with an accident attorney who has handled cases like yours.
