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Protecting Your Rights with Uninsured Motorists

Allexa Callaway • August 22, 2024

How to Protect Your Rights When Involved in an Accident with an Uninsured Motorist in Pittsburgh

Uninsured motorists, accident law, legal protection

Being involved in a motor vehicle accident is a stressful experience, but it can be even more daunting if the other driver is uninsured. In Pittsburgh, understanding your rights and knowing the steps to take after an accident with an uninsured motorist is crucial to protect yourself legally and financially. This article provides a comprehensive guide on how to protect your rights, the importance of uninsured motorist coverage, and the legal steps you should follow.


Importance of Uninsured Motorist Coverage

Uninsured motorist (UM) coverage is a critical aspect of auto insurance that protects you if you are involved in an accident with a driver who does not have insurance. In Pennsylvania, including Pittsburgh, UM coverage is not mandatory but highly recommended. This type of coverage ensures that you are not left with significant out-of-pocket expenses for medical bills, lost wages, and other damages if the at-fault driver is uninsured.



Key Benefits of Uninsured Motorist Coverage

Medical Expenses: UM coverage can help pay for medical treatment resulting from the accident, including hospital stays, surgeries, rehabilitation, and follow-up visits.

Lost Wages: If the accident causes you to miss work, UM coverage can compensate for lost income during your recovery period.

Pain and Suffering: This coverage can also compensate for non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life.

Property Damage: Some UM policies also cover damage to your vehicle and other property, ensuring you are not burdened with repair or replacement costs.


Steps to Take After an Accident with an Uninsured Motorist

Following a structured approach after an accident with an uninsured motorist can help protect your rights and strengthen any potential claims. Here are the essential steps to follow:




Ensure Safety and Seek Medical Attention

Immediately after the accident, prioritize your safety and the safety of others involved. Move to a safe location if possible and call emergency services if anyone is injured. Even if injuries are not immediately apparent, seek medical attention to document any potential injuries that may arise later.


Report the Accident to the Police

Contact the police and report the accident. A police report will document the details of the incident, including the parties involved, witness statements, and any citations issued. This report is crucial for filing insurance claims and legal proceedings.


Gather Information and Evidence

Collect as much information and evidence as possible at the scene of the accident. This includes:


Photographs: Take photos of the accident scene, vehicle damage, and any visible injuries.

Witness Information: Obtain contact information from any witnesses who can corroborate your account of the accident.

Driver Information: Exchange contact and vehicle information with the other driver, even if they are uninsured.


Notify Your Insurance Company

Inform your insurance company about the accident as soon as possible. Provide them with all the details and any evidence you have gathered. Your insurance company will guide you through the claims process and help determine if your UM coverage applies.


Consult with a Personal Injury Attorney

Engaging a personal injury attorney experienced in uninsured motorist claims can significantly enhance your ability to secure fair compensation. An attorney can help navigate the complexities of the legal process, negotiate with insurance companies, and represent your interests if a lawsuit becomes necessary.


Legal Steps for Protecting Your Rights

Understanding the legal steps to take after an accident with an uninsured motorist is essential to protect your rights and secure compensation.


Filing an Uninsured Motorist Claim

If you have uninsured motorist coverage, you can file a claim with your insurance company. The process typically involves:

Submitting Documentation: Provide your insurer with the police report, medical records, repair estimates, and any other relevant documentation.

Medical Examination: Your insurance company may require an independent medical examination to verify the extent of your injuries.

Negotiation: Your attorney will negotiate with the insurance company to reach a fair settlement. This process may involve multiple rounds of offers and counteroffers.


Pursuing Legal Action

If your uninsured motorist claim is denied or if the settlement offer is insufficient, you may need to pursue legal action. Your attorney can file a lawsuit against the uninsured motorist or, in some cases, your own insurance company to seek the compensation you deserve.


Understanding Pennsylvania's No-Fault Insurance System

Pennsylvania operates under a no-fault insurance system, which means that your own insurance policy covers your medical expenses and lost wages regardless of who was at fault for the accident. However, this system has limitations, and uninsured motorist coverage can provide additional protection.


Protecting Your Rights and Maximizing Compensation

To maximize your compensation and protect your rights after an accident with an uninsured motorist, consider the following tips:


Keep Detailed Records

Maintain thorough records of all communications, medical treatments, and expenses related to the accident. Detailed documentation supports your claim and helps your attorney build a strong case.


Avoid Discussing the Case

Do not discuss the details of the accident or your injuries with the uninsured motorist or their representatives. Refer all inquiries to your attorney to avoid inadvertently harming your case.


Follow Medical Advice

Adhere to your doctor's recommendations and attend all follow-up appointments. This demonstrates that you are taking your recovery seriously and helps document the full extent of your injuries.


Be Patient

The claims and legal processes can be lengthy. Patience and persistence are crucial in securing a fair settlement or favorable court outcome.


Navigating the aftermath of an accident with an uninsured motorist in Pittsburgh requires a clear understanding of your rights and the steps needed to protect them. Uninsured motorist coverage plays a vital role in ensuring you are not left with substantial financial burdens. By following the appropriate steps after the accident, consulting with a personal injury attorney, and understanding the legal landscape, you can effectively protect your rights and secure the compensation you deserve. Frischman & Rizza, P.C. is
dedicated to helping accident victims navigate these challenges and achieve the best possible outcomes for their cases.

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