Can an Uninsured Motorist Receive Compensation in a Personal Injury Case

Being involved in a car accident is bad enough. But things get much worse when you realize the other driver is an uninsured motorist. Your first thought might be to wonder how the uninsured party will pay for your damages. When you find out that the uninsured motorist might receive compensation for their damages, you might be even more unhappy. In some situations, an uninsured motorist can be financially compensated for at least part of their injuries by filing an insurance claim or filing a personal injury case.

The circumstances surrounding the accident might affect whether the uninsured driver will be compensated or not.

The Party at Fault

This is usually an issue in any car accident case. You certainly want the person who caused the accident – and their insurance company – to shoulder the financial responsibility for your damages. But when there’s an uninsured motorist involved, everything is a little more complicated.

Often, the at-fault driver will not be compensated whether they are insured or not. An uninsured driver who files a claim with the insurance company may be turned back simply because they are responsible for the accident and resulting damage.

The uninsured party might have a claim if the insured driver is found to be responsible for the accident. However, limits on the compensation might be in place because of their uninsured status. For example, some states prevent uninsured drivers from receiving non-economic damages like pain and suffering while allowing economic damages like medical expenses.

How the negligence is apportioned might make a difference also.

The 51 Percent Rule

Some states practice something called pure contributory negligence when it comes to compensating people involved in car accidents. Drivers that are even one percent responsible for the accident cannot recover financially.

Pure comparative negligence means that the person found liable only pays for damages in an amount equal to their percentage of the blame. If a driver is found 70% at fault on a $100,000 claim, that driver will be financially responsible for $70,000.

Pennsylvania, however, follows the 51% rule, which is also called modified comparative negligence. The plaintiff in a lawsuit only recovers if they were less than 51% at fault. Uninsured motorists likely won’t recover anyway if they were more than 51% at fault.

Talk to Us About Your Uninsured Motorist Problem

An experienced personal injury attorney may provide the necessary expertise to achieve success in any personal injury matter. The attorneys at Powell Law carry on the work of a law firm that spans generations and has represented thousands of Pennsylvanians over a period of 115 years. At Powell Law, it is our goal to protect and assert our clients’ rights effectively in any matter, including those involving personal injury.

Our decades of experience make Powell Law the clear and obvious choice for representation in personal injury cases in Scranton/Wilkes-Barre and surrounding areas. Contact Powell Law at (570) 961-0777. The consultation is FREE, and you don’t pay unless we win!

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