What an uninsured motorist attorney does in Pennsylvania
An uninsured motorist attorney handles claims against your own insurance when the person who hit you has no liability coverage. Pennsylvania requires insurers to offer uninsured motorist (UM) coverage as part of your policy. When you use it, you are suing your own insurance company to recover damages—medical bills, lost wages, vehicle repair, pain and suffering—just as you would sue the at-fault driver's insurer if they were covered.
The reason you need an attorney is that your own insurer treats UM claims differently than third-party claims. They investigate you as thoroughly as they investigate the accident. They may deny the claim outright, offer far less than your damages warrant, or dispute whether the other driver was truly uninsured. An attorney knows Pennsylvania's UM law, the tactics insurers use, and how to build a case that forces a fair settlement or wins at trial.
Pennsylvania also allows stacking—combining UM coverage from multiple vehicles or policies you own—which multiplies your recovery limit. An attorney will identify whether stacking applies to your situation and how much additional coverage you may have access to. This alone can mean tens of thousands of dollars in difference.
Key Takeaways
- Uninsured motorist claims are filed against your own insurance company, not the at-fault driver, so your insurer investigates you as a claimant rather than a third party.
- Pennsylvania allows stacking of UM coverage across multiple vehicles or policies you own, which an attorney can identify to increase your recovery limit.
- Insurers often deny UM claims or undervalue them; an attorney's role is to challenge denials and negotiate or litigate for full damages.
- Finding the right attorney means looking for someone with trial experience in Pennsylvania UM cases, not just settlement negotiation.
- Most UM attorneys work on contingency—you pay nothing upfront and they take a percentage of what you recover.
How Pennsylvania UM law differs from other states
Pennsylvania is a comparative negligence state, which means you can recover damages even if you were partially at fault—as long as you were not more than 50% responsible for the accident. Your recovery is reduced by your percentage of fault. An uninsured motorist attorney in Pennsylvania must understand this rule because it changes how they value your claim and how they present your case to the insurer.
Pennsylvania also has a threshold rule for pain and suffering damages in UM cases. You can recover for pain and suffering only if your injury meets a certain threshold—usually "serious impairment of body function" or permanent disfigurement. An attorney will know whether your medical records and treatment history cross this threshold and how to present them to the insurer to prove you do.
Additionally, Pennsylvania allows you to stack UM coverage in ways other states do not. If you own two vehicles, each with $50,000 in UM coverage, you may be able to combine them into a $100,000 limit for a single accident. An attorney will review your household policies to find every dollar of coverage available to you.
What to look for when choosing a UM attorney
Start by checking whether the attorney has trial experience in Pennsylvania UM cases specifically. Many attorneys handle car accidents but have never taken a UM case to trial. Insurers know which attorneys will settle and which will fight; an attorney with a track record of trials puts real pressure on the insurer to offer fair value. Ask directly: "How many UM cases have you tried in Pennsylvania courts in the last five years?"
Look for an attorney licensed to practice in Pennsylvania state courts and, if your damages are high, in federal court as well. Some UM cases end up in federal court if the insurer is based out of state or if the claim involves complex issues. An attorney who practices only in one venue may have to refer you or bring in co-counsel, which slows the process and splits the fee.
Verify that the attorney understands stacking and has experience identifying hidden UM coverage. This is a technical area; many general car accident attorneys miss it. Ask: "Have you handled cases where the client had multiple vehicles or policies?" A yes answer suggests they know to look.
Check the attorney's fee structure. Most UM attorneys work on contingency—typically 33% of the settlement or judgment if the case settles before trial, and 40% if it goes to trial. Some charge a flat fee for specific services. Understand what you are paying for and whether the percentage increases if the case is appealed. Get the fee agreement in writing before you hire.
How to find Pennsylvania UM attorneys in your area
The Pennsylvania Bar Association maintains a lawyer referral service on its website. You can search by practice area (personal injury or insurance law) and by county. The service does not vet attorneys beyond confirming they are licensed; it is a directory, not a recommendation. Use it to build a list of names to research further.
Ask your primary care doctor or hospital for referrals. Medical providers often work with personal injury attorneys and know which ones are aggressive in fighting insurers. They may also know which attorneys understand your specific injury—if you have a spinal cord injury, for example, an attorney experienced in those cases will know the long-term damages and how to value them.
Search online reviews on Google, Avvo, and the Better Business Bureau, but treat them carefully. Positive reviews are often written by satisfied clients, but negative reviews may come from people whose claims were denied for legitimate reasons. Look for patterns: if multiple reviews mention the attorney's responsiveness or trial record, that is more meaningful than a single five-star review.
Contact your state representative's office or local legal aid society. They do not provide attorneys for UM claims, but they often maintain lists of reputable personal injury attorneys in your area and may know which ones have strong reputations for handling insurance disputes.
What happens after you hire a UM attorney
Your attorney will request your complete medical records, police report, and insurance policy from you. They will also send a formal demand to your insurer, which triggers the insurer's investigation. The insurer will interview you, the other driver, and any witnesses. They may hire an investigator or engineer to reconstruct the accident. This phase typically takes 60 to 90 days.
Once the insurer completes its investigation, they will respond to your attorney's demand with an offer or a denial. If they deny the claim, your attorney will file a lawsuit in Pennsylvania state court. If they offer a settlement, your attorney will negotiate. Most UM cases settle during this phase; trials are rare but do happen when the insurer's offer is far below what the case is worth.
Throughout the process, your attorney should keep you informed of important date, settlement offers, and your options. They should explain the risks of trial versus settlement in your specific case. You have the final say on whether to accept a settlement; your attorney advises but does not decide.
Red flags when evaluating an attorney
Avoid attorneys who may provide a specific outcome or promise you will "win" your case. No attorney can may provide results; UM cases depend on the facts, the insurer's investigation, and the judge or jury. A may provide is a sign the attorney does not understand the law or is overselling to get your business.
Be wary of attorneys who pressure you to settle quickly or who discourage you from asking questions. Your case is your money; you have the right to understand what is happening and why. An attorney who rushes you or becomes defensive when you ask for details is not serving your interests.
Avoid attorneys who do not specialize in personal injury or insurance law. A general practice attorney may handle your case, but they will likely lack the informed to identify stacking, challenge insurer tactics, or value your claim correctly. Specialization matters in UM cases.
Do not hire an attorney based solely on advertising or a flashy website. The best attorneys often have modest online presence because they are busy with cases. Look for substance—trial record, years of experience, specific knowledge of Pennsylvania UM law—not marketing.
Cost and contingency fee agreements
Under a contingency fee agreement, you pay your attorney nothing upfront. The attorney takes a percentage of your recovery—the settlement or judgment amount. If you recover nothing, your attorney receives nothing. This aligns the attorney's incentive with yours: they want the highest possible recovery.
Typical contingency percentages in Pennsylvania UM cases are 33% if the case settles before trial and 40% if it goes to trial. Some attorneys charge a flat 33% regardless of outcome. Confirm the percentage in writing and ask whether it applies to the gross recovery (before medical liens are paid) or the net recovery (after liens). This can make a significant difference in what you take home.
Your attorney will also advance costs—filing fees, informed witness fees, medical record retrieval, investigator fees—and recover those costs from your settlement or judgment. Ask what costs are typical in your case and whether you are responsible if the case is lost. Most contingency agreements state that you are not responsible for costs if you lose, but confirm this in writing.
Frequently Asked Questions
Can I handle a UM claim without an attorney?
You can file a UM claim yourself, but your insurer will investigate you as thoroughly as they investigate the accident. They have no obligation to offer fair value, and many denials happen to unrepresented claimants. An attorney levels the playing field and typically recovers far more than the cost of their fee.
How long does a UM case usually take?
Most UM cases settle within 6 to 12 months. If the insurer denies the claim or refuses a fair offer, litigation can take 1 to 3 years depending on court schedules and complexity. Your attorney should give you a realistic timeline based on your specific case.
What if the other driver was hit-and-run, not just uninsured?
Hit-and-run accidents are covered under UM in Pennsylvania, but the burden of proof is higher. You must show that you made reasonable efforts to identify the other driver and that the accident was not your fault. An attorney experienced in hit-and-run UM claims will know how to meet this burden.
Do I have to use my own UM coverage, or can I sue the uninsured driver directly?
You can do both. You can file a UM claim with your insurer and also sue the uninsured driver in civil court. However, most uninsured drivers have no assets, so a judgment against them is often uncollectible. Your UM coverage is the practical route to recovery.
What if my insurer says the other driver was actually insured?
This is a common dispute. Your attorney will obtain the other driver's insurance records through discovery (the legal process of exchanging evidence before trial) or subpoena. If the insurer's position is wrong, your attorney will force them to pay the UM claim or prove their position in court.