Hit by an Uninsured Driver in Pittsburgh: How to Recover Compensation

If you are hit by a driver who may be uninsured, call 911 immediately. Police response is critical in these cases because uninsured drivers have a stronger incentive to leave the scene or downplay their involvement. A police report documenting the other driver's information, their lack of insurance, and the circumstances of the crash is essential evidence for your claim.

Stay in your vehicle if you are on a highway or bridge — Pittsburgh's many bridges, tunnels, and steep roads make exiting your vehicle dangerous in traffic. On surface streets, move to a safe location if possible. When police arrive, provide your account of the crash. Ask the officer to verify the other driver's insurance status — Pennsylvania's insurance verification system allows officers to check this at the scene. If the other driver has no valid coverage, this will be noted in the crash report.

Get the other driver's name, address, phone number, driver's license number, and license plate number. Even though they may not have insurance information to exchange, their identity and vehicle information are critical for any future UM claim or lawsuit. Pittsburgh Bureau of Police responds to crashes within city limits, and Pennsylvania State Police handle incidents on highways and interstates in the area.

Documentation is even more important in uninsured driver cases because there is no opposing insurance company conducting its own investigation. Photograph both vehicles from multiple angles, license plates, road conditions, traffic signals, and the surrounding area. Take photos of any visible injuries. Pittsburgh's hilly terrain and complex intersections can create confusing accident scenes, so capture the full layout.

Get names and phone numbers from witnesses. In a case against an uninsured driver, independent witness testimony about who caused the crash can be the difference between recovering compensation and getting nothing. If nearby businesses have security cameras, note their locations — footage from businesses along Carson Street, Penn Avenue, or other commercial corridors may be available.

If you have a dashcam, preserve the footage immediately. Write down your account of the crash as soon as possible while details are fresh — the time, speed, road conditions, what the other driver did, and what you observed after the impact. Pittsburgh's weather can change rapidly, and road conditions at the time of the crash (ice, rain, fog in the valleys) may be relevant to liability.

For serious injuries, Pittsburgh has two Level I trauma centers: UPMC Presbyterian in Oakland and Allegheny General Hospital on the North Side. For less severe injuries, visit an urgent care facility or your primary care physician within 24 hours of the crash. Tell the medical provider you were in a car accident and describe all symptoms, including ones that seem minor. The medical record from this initial visit links your injuries directly to the crash.

Follow all treatment recommendations — physical therapy, specialist referrals, imaging studies. Save every bill and receipt. In an uninsured driver case, your own UM insurer will scrutinize your medical records just as closely as an opposing insurer would. Gaps in treatment or failure to follow medical advice weakens your claim and gives the adjuster grounds to reduce your payout.

Common car accident injuries — whiplash, herniated discs, concussions, soft tissue damage — often take days to fully manifest. Do not assume you are fine because you feel okay at the scene. Adrenaline masks pain, and delayed-onset injuries are the norm, not the exception. If new symptoms appear in the days after the crash, see a doctor immediately and tell them about the accident.

If you carry UM coverage on your own auto policy, file a claim with your insurer as soon as possible. UM coverage functions as a substitute for the at-fault driver's liability insurance — your insurer steps into the shoes of the uninsured driver's insurer and pays your damages up to your UM policy limits. This includes medical bills, lost wages, pain and suffering, and other damages.

Pennsylvania law (75 Pa.C.S. § 1731) requires every auto insurer in the state to offer UM and UIM coverage. You can only reject this coverage by signing a specific written rejection form that complies with the statute's requirements. If your insurer cannot produce a valid signed rejection form, Pennsylvania courts have held that UM/UIM coverage exists by operation of law at the level of your liability limits. This is worth checking — many Pennsylvania drivers have UM coverage they do not realize they have because the rejection form was never properly executed.

Be aware that your own insurance company, while paying your UM claim, is not acting as your advocate. The adjuster's goal is still to minimize the payout. Treat the UM claims process with the same caution you would use with an opposing insurer — do not give recorded statements without understanding the implications, and do not accept a quick settlement before understanding the full extent of your injuries.

Your tort option election on your auto insurance policy affects what damages you can recover through a UM claim. If you chose limited tort, your ability to recover pain and suffering is restricted unless your injuries qualify as a "serious injury" — defined as death, serious impairment of body function, or permanent serious disfigurement (75 Pa.C.S. § 1705). Full tort policyholders face no such restriction.

If you were hit while driving a vehicle owned by someone else — a company car, a rental, a friend's car — the tort option on that vehicle's policy may apply to you rather than your own. This can work for or against you depending on which policy has full tort. An attorney can help determine which tort option controls your claim.

If you were a pedestrian or cyclist when hit by the uninsured driver and do not have your own auto insurance, the limited tort restriction generally does not apply. Pennsylvania courts have held that the limited tort election only binds policyholders and their household members for claims arising from the use of the insured vehicle.

If you rejected UM coverage or do not carry auto insurance, your options are more limited but not nonexistent. You can sue the uninsured driver directly for your damages. Pennsylvania's fault-based system means the negligent driver is personally liable for the injuries they cause, regardless of whether they have insurance.

The practical problem is collection. A driver who cannot afford insurance often cannot afford to pay a judgment. However, the driver may have assets — a home, wages that can be garnished, other property — or may obtain assets in the future. Pennsylvania judgments are enforceable for 4 years from entry and can be revived (42 Pa.C.S. § 5525(a)). Some attorneys will take these cases on contingency if the at-fault driver appears to have collectible assets.

Other potential sources of recovery include: your own health insurance for medical bills, Medical Payments (MedPay) coverage on your auto policy if you have it (this pays regardless of fault), your collision coverage for vehicle damage (you pay the deductible), and first-party benefits under Pennsylvania's MVFRL (75 Pa.C.S. § 1711) which provides up to $5,000 in medical benefits. If the uninsured driver was working at the time of the crash — a delivery driver, an employee on company business — the employer may be vicariously liable and may have commercial insurance.

Pennsylvania's modified comparative negligence rule (42 Pa.C.S. § 7102) applies to uninsured driver claims just as it does to any car accident case. If you are found more than 50% at fault, you recover nothing — not from the uninsured driver, and not from your own UM coverage. If your fault is 50% or less, your recovery is reduced by your percentage of fault.

Uninsured drivers may be more likely to dispute fault aggressively because they face personal financial liability. Without an insurance company to manage the claim, the at-fault driver may deny responsibility, give false information, or disappear. This is why thorough documentation at the scene — photos, witnesses, police reports — is especially critical in uninsured driver cases.

In UM claims, your own insurer may also raise comparative fault arguments to reduce the payout. They are entitled to assert any defense the uninsured driver could have raised. Strong evidence of the other driver's negligence — dashcam footage, witness statements, the police report — protects you against these tactics.

Pennsylvania's statute of limitations for personal injury claims is 2 years from the date of injury (42 Pa.C.S. § 5524). This applies whether you are filing a UM claim with your own insurer or suing the uninsured driver directly. For wrongful death, the deadline is also 2 years from the date of death. These deadlines are absolute — miss them and you lose the right to file.

Report the accident to your own insurance company within days, even if you are still determining the other driver's insurance status. Delayed notice can give your insurer grounds to deny your UM claim. Keep a file with the police report, medical records, photos, witness contact information, and all correspondence with insurance companies.

Want to understand your options after being hit by an uninsured driver in Pittsburgh? Get your free Injury Claim Check. You will answer a few questions about your accident, injuries, and insurance coverage, and we will provide a personalized report covering your options — including UM coverage, potential lawsuits, and alternative recovery sources — and connect you with a Pittsburgh-area attorney who handles uninsured motorist cases. The Injury Claim Check is free, confidential, and takes less time than a phone call with an insurance adjuster.