What happens when an uninsured motorist causes an accident?

If you were in an auto accident with an uninsured motorist, you may wonder what happens now. If the other person caused the accident but has no insurance with which to pay the damages, will you ever see any money? 

The answer depends on a couple of details about your insurance coverage and the financial situation of the other driver. According to the Pennsylvania General Assembly, when you secure auto insurance, your insurer must offer you uninsured motorist coverage. 

Uninsured motorist coverage

This type of auto policy provides you coverage if you are in an accident with a driver who does not have insurance. It pays from your policy, according to the limits you choose. However, you must accept the offer to have this coverage as part of your policy. 

If your insurance pays out under your uninsured motorist coverage, it will typically take over the process of going after the guilty party for reimbursement. You will still have to pay a deductible in most cases to receive payment. Your insurer may recover the deductible for you or you may have to go to court to get payment for that. 

Going to court

If you do not have uninsured motorist coverage or if you still have to pay out money, either paying your deductible or your policy did not cover all your expenses, then you can take the other party to court. The biggest issue with this approach is that if the driver does not have the financial means to pay you, then you may never see any money from your lawsuit.