Uninsured or Underinsured Driver Hit You in PA?

Last updated October 5, 2026.

Pennsylvania only requires drivers to carry $15,000 of liability insurance for one injured person and $30,000 per accident (75 Pa.C.S. 1702). A broken bone, a surgery or a few months off work can pass that quickly, and some drivers carry nothing at all. That is the gap uninsured and underinsured motorist coverage fills. It sits on your own policy, or on the policy of a relative you live with, and it pays as if it stood in the shoes of the driver who should have paid. The overall shape of an injury claim is on the main personal injury page; this page is about what happens when the other driver's insurance is missing or too small.

How does a UM or UIM claim work here, step by step?

Report the crash. Any crash with an injury, or a car that must be towed, must be reported immediately to the nearest police department (75 Pa.C.S. 3746(a)). In and around Ellwood City that is usually the borough police, whose non-emergency dispatch line is (724) 758-7564 according to the borough; State Police crashes in Lawrence County are handled from the New Castle station on Wilmington Road (724-598-2211), as listed in the State Police troop directory. For a hit-and-run, the report is part of the definition of coverage (see below). Other steps at the scene are covered in what to do after a car accident in Pennsylvania.
Your medical bills go to your first-party benefits. UM and UIM are not where the first bills go; your own medical benefit pays those regardless of fault, as explained in who pays medical bills after a crash.
Find out what the other driver had. The crash report lists insurance information for each vehicle; how to get it is covered in getting a copy of your crash report.
Notify your own insurer of a possible UM or UIM claim. For an unidentified driver, the statute requires notice to your insurer within 30 days, or as soon as practicable afterward (1702, "uninsured motor vehicle").
Uninsured driver: the claim goes against your UM coverage. Underinsured driver: the claim goes first against the other driver's liability limit, then against your UIM coverage for the rest.
Pick the right policy. The policy on the car you were in pays first; then a policy on a vehicle not involved in the crash on which you are an insured (1733(a)).
Prove the claim. Your insurer owes what you are "legally entitled to recover" from the at-fault driver (1731(b), (c)), so fault and damages still have to be shown, just to your own company.

Uninsured or underinsured: which one is it?

Uninsured and underinsured vehicles under 75 Pa.C.S. 1702
Situation	Category	Coverage that answers
The at-fault vehicle had no liability insurance or self-insurance at the time	Uninsured	Your UM coverage
The other driver's insurer denies coverage, or is in insolvency proceedings	Uninsured	Your UM coverage
Hit-and-run by an unidentified vehicle, reported to police, with notice to your insurer within 30 days or as soon as practicable	Uninsured	Your UM coverage
The other driver had insurance, but its limits are not enough to pay your losses	Underinsured	The other driver's liability limit, then your UIM coverage
No UM coverage anywhere, you own no vehicle that must be registered, and the at-fault party did not comply with the insurance law	Assigned Claims Plan	Up to $15,000 per person, $30,000 per accident, less medical benefits it paid (1754)

You cannot collect under both: a person who recovers under uninsured motorist coverage "cannot recover damages under underinsured motorist coverage" for the same accident (1731(d)(1)).

Do I have this coverage?

Probably, unless someone signed it away. Section 1731(a) says no policy may be issued for a vehicle registered or principally garaged in Pennsylvania unless UM and UIM are offered; buying them is optional. To reject either one, the first named insured must sign a specific rejection form, printed on a separate sheet, and date it (1731(b), (c), (c.1)). The statute is strict about this:

"Any rejection form that does not specifically comply with this section is void."
If the insurer cannot produce a valid rejection form, the coverage on that policy equals the bodily injury liability limits (1731(c.1)).
On a policy where UM or UIM was rejected, renewals must carry a prominent notice saying so (1731(c.1)).

A named insured can also ask in writing for UM and UIM limits equal to or lower than the liability limits (1734). The amounts insurers must offer are listed in the notice in section 1791: UM, UIM and bodily injury coverage up to at least $100,000 per person and $300,000 per accident, or a $300,000 single limit, except for Assigned Risk Plan policies.

What is stacking, and did I waive it?

When more than one vehicle is insured, the UM or UIM limit "shall apply separately to each vehicle so insured," and your available limit is the sum of the limits for each vehicle on which you are an insured (1738(a)). Two cars at $50,000 each, stacked, can mean $100,000 of coverage.

A named insured may waive stacking in exchange for a lower premium, but only by signing the statutory waiver form, and a form that is not signed by the first named insured and dated is void (1738(b), (d), (e)). Many people signed one at the agent's office without knowing. Your policy file, or a written request to your insurer, will show whether a waiver exists.

Hypothetical household with two cars, $50,000 UIM on each (75 Pa.C.S. 1738)
Waiver status	UIM available to a household member
No valid stacking waiver	$100,000 (the sum of both vehicles' limits)
Valid, signed and dated stacking waiver	$50,000 (the stated limit for the vehicle involved)
Waiver form unsigned, undated or not in the statutory wording	Void; treated as no waiver

What changes the answer?

Your tort option. If you are bound by limited tort, you may not recover pain and suffering from UM or UIM coverage unless your injury is serious or another statutory exception applies (1731(d)(2), 1705(d)). The limited tort exception for an uninsured at-fault driver in 1705(d)(1)(iv) expressly does not change that UM limit.
Where you were sitting. The policy on the vehicle you occupied pays first; your household's policy comes second (1733(a)). Riders should read whose insurance pays when you are a passenger.
A hit-and-run. An unidentified vehicle only counts as uninsured if the crash was reported to the police or proper authority and you notified your insurer within 30 days or as soon as practicable (1702).
Benefits already paid. In a UM or UIM proceeding, as in a lawsuit, you cannot recover amounts paid or payable by first-party benefits, workers' compensation or a health plan (1722).
No coverage at all. The Assigned Claims Plan's extra coverage is limited to $15,000 per person and $30,000 per accident, offset by up to $5,000 of medical benefits it paid, and an action against the Plan must be filed within four years of the accident (1754, 1757).
The uninsured driver's own problems. Driving without the required insurance is a summary offense with a $300 fine, and PennDOT suspends the owner's registration and license for three months (1786(d)(1), (f)). None of that pays your bills, which is why your own coverage matters.

A worked example

For example, imagine a hypothetical New Castle resident, not a real case, whose car is struck by a driver who runs a stop sign. Her shoulder needs surgery and she misses two months of work. The other driver carries the $15,000 minimum. Her own policy covers two cars, each with $50,000 of UIM, and no one in the house ever signed a stacking waiver.

Her first-party medical benefit pays the early bills (1713). The other driver's insurer offers its $15,000 limit. Because that is not enough to pay her losses, the at-fault car is an underinsured motor vehicle (1702), and she turns to her own UIM coverage. With no valid waiver, her UIM limit is the sum for both cars, $100,000 (1738(a)).

Her insurer now stands where the other driver stood: it owes what she is legally entitled to recover, less what the $15,000 and her first-party benefits already covered (1731(c), 1722). If she had chosen limited tort, the pain and suffering part of the UIM claim would depend on whether her injury is a "serious injury" (1731(d)(2), 1702). Had the other driver carried no insurance at all, the same household would claim under UM instead, and could not claim UIM as well (1731(d)(1)).

Common mistakes with UM and UIM claims

Assuming you have no coverage because you "bought the minimum." UM and UIM exist unless a valid, signed and dated rejection form exists (1731(c.1)). Ask the insurer for the forms.
Not reporting a hit-and-run. Without a police report and timely notice to your insurer, the unidentified vehicle may not qualify as uninsured (1702).
Settling with the at-fault driver without checking your policy first. Read the underinsured section of your policy for any notice or consent conditions before you sign a release.
Forgetting household policies. A relative's policy can cover you if you live in the same household (1702, "insured"; 1733(a)(2)).
Treating your own insurer as automatically on your side. In a UM or UIM claim your insurer evaluates fault and damages like any other insurer would.
Overlooking the tax and lien questions at the end. The basics are in whether an injury settlement is taxable.

What to do this week

Get the crash report and note the other driver's insurer and policy number.
Write to your insurer, and any household member's insurer, giving notice of a possible UM or UIM claim, and keep a copy.
Ask your insurer in writing for your declarations page and any UM, UIM or stacking rejection forms on file.
Check each form for the first named insured's signature and a date.
Keep sending medical bills to your first-party benefits claim.
Do not sign a release with the at-fault driver's insurer until the UIM question is answered.
If you were hit by an unknown driver, confirm the police report number and the date you notified your insurer.

Frequently asked questions

Will a UM or UIM claim count against me?

Pennsylvania limits when insurers may surcharge or add points after a claim; for example, paying a first-party medical claim can never be the basis (75 Pa.C.S. 1799.3(c)). Questions about a specific surcharge can go to the Pennsylvania Insurance Department's consumer line, 1-877-881-6388.

Does UM cover me if I was walking?

UM and UIM protect "persons who suffer injury arising out of the maintenance or use of a motor vehicle" and are legally entitled to recover from the uninsured or underinsured driver (1731(b), (c)). If you are an insured on a household policy, that coverage can apply even when you were not in a car.

The at-fault driver's insurance company denied coverage. Now what?

A vehicle whose insurer denies coverage counts as uninsured under the statute, as does one whose insurer becomes insolvent (1702). Give your own insurer written notice of a UM claim.

Can I lower or drop UM and UIM to save money?

Yes, but only in writing: lower limits by written request (1734), and rejection only by the signed statutory form (1731). Think about what $15,000 of the other driver's coverage would pay before you do.

What if the driver was drunk?

For a claim against that driver, a limited tort person regains full tort rights if the driver is convicted of DUI or accepts ARD for that crash (1705(d)(1)(i)). How DUI penalties work is summarized in the Pennsylvania DUI penalties chart.

Where is a UM or UIM dispute decided?

That depends on your policy's terms, which may call for arbitration. A lawsuit over a Lawrence County crash would usually be filed in the Court of Common Pleas in New Castle, described in what to expect at the Lawrence County Courthouse.

Does it matter which town or county the crash happened in?

Not for the coverage rules, which are statewide. It can matter for where a lawsuit is filed and which police department wrote the report; the local offices are described on the page for Ellwood City cases.

If you were hurt by an uninsured or underinsured driver in Ellwood City, Lawrence County or anywhere in Western Pennsylvania, I can review your policy and the forms on file and tell you what coverage you actually have. You work directly with me, and the first consultation is always free and confidential.

What if the driver who hit me had no insurance or too little in Pennsylvania?