What an uninsured motorist attorney does in Pennsylvania
An uninsured motorist attorney handles claims against your own insurance company when the person who hit you has no insurance or leaves the scene. This is different from suing the other driver directly — you are working with your own insurer to recover damages under the uninsured motorist coverage you paid for. The attorney's job is to document your injuries, negotiate with your insurance company, and file a lawsuit if the company refuses a reasonable settlement.
Pennsylvania requires all drivers to carry uninsured motorist coverage unless they explicitly reject it in writing. When you file a claim, your insurer will assign an adjuster, but that person works for the insurance company, not for you. An attorney shifts the balance by representing your interests alone and knowing the tactics insurers use to minimize payouts.
The work involves gathering medical records, calculating the full cost of your injuries (including future treatment), documenting lost wages, and building a damages figure. If your insurer disputes the amount or denies the claim outright, the attorney files suit in Pennsylvania state court and prepares for trial.
Key Takeaways
- An uninsured motorist attorney negotiates with your own insurance company, not the other driver, because the other driver has no insurance to collect from.
- Pennsylvania law allows you to recover medical bills, lost wages, pain and suffering, and other damages up to your policy limit, but insurers often undervalue claims.
- You do not need an attorney to file a claim, but having one increases the settlement amount in most cases because insurers take represented claimants more seriously.
- Attorneys in this field typically work on contingency, meaning they take a percentage of your settlement or judgment and you pay nothing upfront.
- Finding the right attorney means checking their experience with uninsured motorist claims specifically, not just general car accident work.
How uninsured motorist claims work in Pennsylvania courts
Pennsylvania treats uninsured motorist claims as a contract dispute between you and your insurer, not as a personal injury lawsuit against another driver. This matters because the rules are different. Your insurer must prove the other driver was at fault, but once that is established, the burden shifts to the insurer to justify why your damages are worth less than you claim.
The claim begins with a demand letter. Your attorney sends your insurer a detailed accounting of all damages — medical bills, wage loss, pain and suffering, future care — along with supporting documents. The insurer has a set time to respond. If they offer less than you believe is fair, your attorney can file suit in the Court of Common Pleas in the county where the accident occurred.
At trial, a judge or jury decides whether the other driver was at fault and, if so, what your damages are worth. Pennsylvania allows you to recover up to your policy limit. Many policies cap uninsured motorist coverage at $15,000 to $25,000, though higher limits are available. If your damages exceed your limit, you may have other recovery options — your attorney will advise on those.
What to look for when choosing an attorney
The most important factor is experience with uninsured motorist claims specifically. A general personal injury attorney may handle car accidents, but uninsured motorist work has its own rules and requires knowing how Pennsylvania insurers typically value claims. Ask how many uninsured motorist cases the attorney has handled, what the average settlement was, and how many went to trial.
Check whether the attorney is licensed to practice in Pennsylvania and whether they have any disciplinary history. The Pennsylvania Bar Association website allows you to search attorney credentials. Look for someone who practices in the county where your accident occurred or nearby, because they will know the local judges and court procedures.
Ask about the fee structure upfront. Most uninsured motorist attorneys work on contingency — they take 25 to 40 percent of your settlement or judgment — but some charge hourly rates or flat fees. Understand what costs you are responsible for (medical records, court filing fees, informed witnesses) and whether those come out of your settlement or are billed separately.
Interview at least two or three attorneys before deciding. Many offer free initial consultations. Use that time to ask about their strategy for your specific case, how long they expect the process to take, and how often they communicate with clients.
Red flags when evaluating Pennsylvania attorneys
Avoid any attorney who guarantees a specific settlement amount or promises you will win. No one can predict what a judge or jury will award, and guarantees are a sign the attorney is overselling. Similarly, be wary of attorneys who pressure you to settle quickly or who discourage you from getting a second opinion.
Do not hire an attorney who cannot clearly explain how uninsured motorist coverage works or who seems unfamiliar with Pennsylvania law. If they spend the consultation talking about suing the other driver instead of working with your insurer, they may not understand the process.
Check whether the attorney has any history of complaints with the Pennsylvania Disciplinary Board. You can search the state bar website for disciplinary records. Be cautious if an attorney has been suspended, disbarred, or has multiple complaints related to client communication or fee disputes.
Avoid attorneys who contact you unsolicited after an accident. Legitimate attorneys do not chase accident victims; they rely on referrals, online presence, and reputation. Aggressive solicitation is often a sign of high-volume, low-quality representation.
How to find attorneys in your area
Start with the Pennsylvania Bar Association's lawyer referral service. You can search by practice area (personal injury or motor vehicle accidents) and by county. The service does not vet attorneys beyond checking their license, but it provides a starting list of lawyers who practice in your area.
Ask your primary care doctor, employer, or friends and family for referrals. Personal recommendations often lead to better outcomes because you get honest feedback about how an attorney actually works with clients.
Search online for "uninsured motorist attorney" plus your county name. Read reviews on Google, Avvo, and other legal directories, but remember that reviews are self-selected — satisfied clients are more likely to leave them than dissatisfied ones. Look for patterns in what reviewers say, not individual five-star or one-star ratings.
Contact your insurance company's claims department and ask whether they have a list of attorneys who frequently handle uninsured motorist claims. They will not recommend one, but they can tell you who files cases regularly, which is useful information.
What happens after you hire an attorney
Your attorney will request your medical records, accident report, insurance policy, and any photos or witness statements you have. They will also order your medical records directly from providers and request the police report from the investigating agency. This process typically takes two to four weeks.
Once documents are gathered, your attorney calculates your total damages and sends a demand letter to your insurer. The insurer has 30 to 60 days to respond. During this time, your attorney may negotiate by phone or email. Many claims settle at this stage without going to court.
If the insurer refuses to settle, your attorney files a lawsuit in the Court of Common Pleas. Discovery follows — both sides exchange documents and take depositions (recorded statements). This phase can last several months. If no settlement is reached, the case goes to trial, which may be before a judge or jury depending on what you request.
Throughout the process, your attorney should keep you informed of major developments and ask your input on settlement offers. You have the final say on whether to settle or proceed to trial.
Cost and payment arrangements
Most uninsured motorist attorneys work on contingency, meaning they take a percentage of your settlement or judgment. The percentage typically ranges from 25 to 40 percent, depending on the attorney and the complexity of the case. Some attorneys charge a lower percentage if the case settles early and a higher percentage if it goes to trial.
Ask whether costs are included in the contingency fee or billed separately. Costs include medical record requests, court filing fees, deposition transcripts, and informed witness fees. Some attorneys advance these costs and deduct them from your settlement; others bill you for them separately. Understand this before signing a fee agreement.
If you cannot afford an attorney upfront and do not want to work on contingency, some attorneys offer payment plans or hourly rates. These are less common in uninsured motorist work, but worth asking about if cost is a barrier.
Frequently Asked Questions
Do I need an attorney to file an uninsured motorist claim?
No, you can file a claim directly with your insurer without an attorney. However, insurers often offer less to unrepresented claimants because they know most people will accept a lower amount rather than fight. An attorney typically increases the final payout enough to cover their fee and leave you with more money than you would have received alone.
What if the other driver is found and has some insurance but not enough to cover my damages?
This is called underinsured motorist coverage, not uninsured motorist coverage. The rules are similar, but you may be able to recover from both the other driver's policy and your own underinsured motorist coverage up to your policy limit. An attorney can explain whether you have this coverage and how to pursue it.
How long does an uninsured motorist claim take?
Claims that settle during the demand phase typically take two to four months. Cases that go to trial can take one to two years from filing to judgment. Your attorney can give you a more specific timeline based on the county court's schedule and the complexity of your injuries.
Can I still file a claim if I was partially at fault for the accident?
Yes. Pennsylvania follows comparative negligence rules, meaning you can recover damages even if you were partly responsible, as long as you were not more than 50 percent at fault. Your recovery is reduced by your percentage of fault. An attorney can advise whether your case meets this threshold.
What if my insurer denies my uninsured motorist claim entirely?
You can sue your insurer in court. This is called a bad faith claim if the denial was unreasonable. An attorney can review your policy and the insurer's denial letter to determine whether you have grounds to challenge it. Bad faith cases sometimes result in damages beyond your policy limit.