Motor vehicle accidents occur every day. Pennsylvania law requires that the person or company responsible for the accident compensate the injured person for their damages. Unfortunately, many drivers do not carry sufficient liability limits to compensate the injured person for their damages. Although it is against the law, other drivers may not carry any insurance. This is when uninsured/underinsured motorist benefits may become involved. Uninsured and underinsured motorist benefits serve as a source of recovery to persons injured when the person who caused the accident either lacks insurance or has insufficient insurance to compensate the injured person for his or her damages.

UNINSURED MOTORIST COVERAGE

Uninsured motorist coverage is insurance coverage a person purchases from their own insurance company which pays for bodily injuries caused by an accident involving a driver who has no insurance or an unidentified hit-and-run driver. The extent of uninsured motorist benefits available can vary depending upon the amount, if any, of uninsured motorist benefits selected and if "stacking" of benefits has been selected.

UNDERINSURED MOTORIST COVERAGE

Underinsured motorist coverage serves as a source of recovery to an injured individual when the existing coverage of the person causing the accident is insufficient to cover the injured party's damages. Similarly, the amount of underinsured motorist benefits available depends on the amount of coverage, if any, selected and if "stacking" has been selected.

How are uninsured and underinsured motorist benefits claims resolved?

When an insured and insurer are unable to agree as to eligibility and extent of coverage or amount of damages in an uninsured or underinsured motorist claim, the insured will commonly make a written demand for arbitration. Depending upon the terms in the insurance policy, some insurance policies require uninsured and underinsured motorist claims be submitted and adjudicated by the court of common pleas in the county where the insured resides and others must be submitted to arbitration. The members of Kelly, Parker & Cohen LLP will review your policy and advise you of the appropriate venue and your legal rights.

Contact the attorneys at Kelly, Parker & Cohen LLP at (717) 920-2220 or contact us online to schedule a free consultation.