The moment you learn the driver who caused your crash has no insurance, a sinking realization sets in: How will I pay my medical bills, lost income, and other expenses?
Roughly one in seven drivers in Philadelphia is uninsured, so the risk is very real, especially on busy roads like I-95, I-76, Roosevelt Boulevard, and Broad Street, and just about any intersection.
Fortunately, Pennsylvania allows injured drivers to seek compensation through their own uninsured motorist (UM) coverage. However, insurance companies look for ways to reduce what they pay, even when the claim involves your own policy.
The Philadelphia uninsured motorist accident lawyers at the Rothenberg Law Firm, LLP handle every aspect of your claim, from gathering evidence to negotiating with the insurance company. While you focus on recovery, we fight for the maximum compensation available under your policy.
If an uninsured driver injured you, contact us at (800) 624-8888 or through our online contact form for a free consultation.
Your rights matter, and we are here to fight for them
Why Choose the Rothenberg Law Firm for Your Philadelphia Uninsured Motorist Claim?
Allen L. Rothenberg, Esq., founded the Rothenberg Law Firm in Philadelphia in 1969. His wife, Barbara Rothenberg, Esq., joined the firm in 1978 and leads its Philadelphia office. Together, Allen and Barbara have built a family of lawyers, with seven of their children practicing law, all driven by the same commitment to treating every client like a member of their own family.
Since its founding, Allen and his legal team have recovered billions for injured clients, including a record-breaking judgment in excess of two billion dollars. Our case results reflect more than five decades of that family-driven dedication to Philadelphia and beyond.
A Proven Track Record of Recovering Billions
Our firm has recovered billions in compensation for injured clients across more than five decades of legal work. We bring that same level of determination to every uninsured motorist claim we take on. Some of our auto settlements and awards include:
- $18 million for a traumatic brain injury (TBI) caused by an auto defect
- $15 Million for wrongful death due to an auto product defect
- $12.2 Million for wrongful death caused by an automotive defect
- $1.5 million for a driver injured in a rear-end collision
- $1.4 million for multiple surgeries following a crash
- $1.25 Million for spinal injury suffered in a car accident
- $1.21 Million for neck injury sustained in a car accident
- $1.08 million for leg and arm fractures in an automobile accident
While these results don't guarantee outcomes, they do represent the level of commitment we provide each client and the fight we bring to every case.
Trial-Ready Legal Representation
We prepare every case as if it is going to arbitration or trial. Insurance companies offer better settlements when they know your lawyer will not back down. Our car accident attorneys have tried cases in the Philadelphia Court of Common Pleas and other courtrooms throughout Philadelphia.
Compassionate, Client-Centered Service
Our team connects clients with medical professionals, counselors, and other support while the legal process moves forward. An injury affects your whole family, and we respond to that reality.
Nationally Recognized for Excellence
Our commitment to our clients and achieving the best outcome for their cases has led us to our recognition by several organizations, including:
- Super Lawyers Selected Attorneys
- Best Lawyers Recognized Attorneys
- Best Law Firms Rankings
- Martindale-Hubbell Peer Review Ratings
- Distinguished Martindale-Hubbell Rating
- Notable Martindale-Hubbell Rating
- AV Preeminent® Attorney Rating
- Million Dollar Advocates Forum Membership
- Multi-Million Dollar Advocates Forum Membership
- National Trial Lawyers Recognition
- Litigator Award Recipient
- Top 1% of U.S. Lawyers Recognition (Litigator Awards)
- Client Champion Awards
- Avvo Client's Choice Award
- Avvo Top Contributor Award
A Contingency Fee Arrangement That Protects You
You pay nothing up front. We only collect a fee if we recover compensation for you. That structure removes the financial barrier that keeps many people from getting the legal help they deserve.
What Is Uninsured Motorist Coverage and How Does It Work in Pennsylvania?
Uninsured motorist coverage, often called UM, is part of your own auto insurance policy. It steps in to cover your losses when the driver who caused your crash has no liability insurance at all.
Pennsylvania does not require drivers to carry UM coverage. However, every insurer in the state must offer it. The only way your policy can exclude it is if you signed a specific state-approved waiver form. Many drivers have UM coverage and do not realize it.
What About Underinsured Motorist Coverage?
Underinsured motorist coverage, or UIM, is a related type of protection. UIM applies when the at-fault driver does have insurance, but not enough to cover the full cost of your injuries. If your medical bills and lost income exceed the other driver's policy limits, UIM can help close the gap.
Underinsured and uninsured motorist coverage are distinct "a la carte" options and can be purchased separately under Pennsylvania law, although most insurance companies bundle them together for convenience.
Can I Stack UM Coverage in Pennsylvania?
Stacking lets you multiply your UM coverage limits by the number of vehicles on your policy. Pennsylvania law allows stacking unless you signed a written rejection when you purchased your policy. Stacking can significantly increase the money available for your claim.
Your lawyer reviews your full insurance picture, including stacking options, to find every dollar of available coverage.
What Are My Legal Options After a Hit-and-Run Accident in Philadelphia?
A hit-and-run accident is treated like an uninsured motorist claim in Pennsylvania. If the driver who hit you left the scene, whether on Broad Street, near the stadiums in South Philadelphia, or on the Schuylkill Expressway, your UM coverage may still pay for your losses.
Hit-and-run crashes require careful evidence gathering. Our Philadelphia uninsured motorist accident attorneys work with accident reconstruction teams, pull surveillance footage from nearby businesses, and coordinate with police to build the strongest possible claim. These steps are too complex and time-sensitive for someone recovering from injuries to handle alone.
You have two years from the date of the accident to take legal action in Pennsylvania. That deadline applies whether the at-fault driver is identified or not. Taking early action protects your claim and preserves critical evidence that can disappear quickly.
How Does Pennsylvania's Tort System Affect My Uninsured Motorist Claim?
Pennsylvania uses a "choice" system that lets drivers pick between limited tort and full tort coverage when they buy auto insurance. That choice affects what types of compensation you can recover after a crash.
Limited tort costs less in monthly premiums, but it restricts your ability to recover money for pain and suffering. Full tort preserves your right to claim all types of damages.
Here is the key exception that matters for uninsured motorist cases: if the driver who caused your crash was uninsured, the limited tort restriction does not apply. You automatically gain full tort rights in that situation, regardless of which option you chose on your own policy.
| Feature | Limited Tort | Full Tort |
|---|---|---|
| Medical bills and lost wages | Yes | Yes |
| Pain and suffering | Only with a "serious injury" | Yes, for all qualifying injuries |
| Monthly premium | Lower | Higher |
| Exception for uninsured at-fault driver | Limited tort restriction is removed | Full rights already in place |
A lawyer who handles uninsured motorist claims in Philadelphia can review your policy, identify the exception that applies to your case, and protect your right to full compensation.
Ask the Rothenberg Law Firm About Uninsured Motorist Accidents in Philadelphia
Q: Why do I need a lawyer for an uninsured motorist claim in Philadelphia?
A: You may benefit from a lawyer for a UM claim because you are filing against your own insurance company, which has a financial incentive to pay you as little as possible. A lawyer levels that playing field by handling the evidence, the paperwork, and the negotiation so the insurer cannot take advantage of you.
Q: Can I still recover compensation if a hit-and-run driver injured me in Philadelphia?
A: Yes, you may still recover compensation after a hit-and-run in Philadelphia through the uninsured motorist coverage on your own policy. Pennsylvania law generally treats hit-and-run accidents as uninsured motorist claims when the at-fault driver cannot be identified, and your lawyer can file the UM claim on your behalf.
Q: How long does an uninsured motorist claim take to resolve in Pennsylvania?
A: An uninsured motorist claim in Pennsylvania can take anywhere from a few months to over a year. The timeline depends on the severity of your injuries, the complexity of the insurance coverage, and whether the case goes to arbitration. At the Rothenberg Law Firm, we work to resolve your case as efficiently as possible without settling for less than the full and fair amount you need.
Q: Does hiring a Philadelphia uninsured motorist lawyer cost anything up front?
A: No, our firm works on a contingency fee basis. You pay nothing unless we recover compensation for you. That means there is no financial risk to you for getting legal help.
What Types of Compensation Can You Recover in a Philadelphia UM Claim?
A successful uninsured motorist claim can cover both the financial losses you can measure and the personal harm that is harder to put a number on. Pennsylvania law divides these into two categories.
| Economic Damages | Non-Economic Damages |
|---|---|
| Hospital and surgery bills | Physical pain and discomfort |
| Ongoing physical therapy | Emotional distress and anxiety |
| Lost wages and missed work | Loss of enjoyment of daily life |
| Future medical treatment | Scarring or disfigurement |
| Prescription costs | Loss of companionship (in certain claims) |
| Vehicle repair or replacement | Mental anguish related to the accident |
How Does Comparative Fault Affect My UM Claim?
Pennsylvania follows a modified comparative fault rule. You can still recover compensation as long as your share of fault stays below 51%. However, your total award is reduced by whatever percentage of fault is assigned to you.
For example, if your damages total $100,000 and you are found 20% at fault, your recovery drops to $80,000. If your fault reaches 51% or higher, you lose the right to recover anything. Insurance companies know this rule and often try to pin the blame on you to reduce what they owe.
How Does the Uninsured Motorist Claims Process Work in Pennsylvania?
Filing a UM claim is different from a standard car accident claim because you are filing against your own insurance company, not the at-fault driver's insurer. That creates a conflict of interest. Your insurer wants to pay as little as possible, even though you have been paying premiums for this exact coverage.
Here is what our Philadelphia uninsured motorist lawyers handle on your behalf:
- Reviewing your complete insurance policy to identify all sources of UM and UIM coverage, including stacking
- Collecting medical records, police reports, and physical evidence from the accident scene
- Documenting your lost income, treatment costs, and future care needs
- Filing and managing the UM claim with your insurance company
- Negotiating aggressively against your insurer's attempts to minimize your payout
- Representing you in arbitration or court if the insurer refuses a fair settlement
Most UM policies in Pennsylvania include a mandatory arbitration clause. Arbitration is a hearing before a neutral decision-maker instead of a judge or jury. It moves faster than a trial, but it still requires strong legal preparation and evidence presentation.
Ready to talk about your claim? Contact us at (800) 624-8888 or through our online contact form for a free consultation.
What Happens if Your Insurance Company Denies Your UM Claim in Philadelphia?
Insurance companies deny UM claims more often than many people expect. Common reasons include disputes over who caused the accident, questions about the severity of your injuries, or arguments that your policy does not cover the situation.
Pennsylvania law provides a powerful tool when insurers act unfairly. If your insurance company denied or undervalued your UM claim without a reasonable basis, you may have a bad faith claim.
A successful bad faith action can result in additional compensation beyond what your policy covers, including personal injury attorney fees, penalty interest, and punitive damages.
The uninsured motorist accident attorneys at the Rothenberg Law Firm have decades of experience taking on insurance companies in Philadelphia. We know how they operate and the tactics they use to reject claims.
Frequently Asked Questions About Uninsured Motorist Claims in Pennsylvania
Can my insurance company raise my rates for filing a UM claim in Pennsylvania?
Generally, your rates should not increase because of a UM claim since you were not at fault for the accident. Pennsylvania's Department of Insurance oversees how insurers set rates, and filing a claim for coverage you paid for should not count against you. However, individual insurer practices may vary.
What if I waived uninsured motorist coverage on my policy?
If you signed a written waiver, your options may be more limited. However, a lawyer can review the waiver form for errors. Pennsylvania requires insurers to use a specific state-approved form, and any defect in that form could mean the waiver is invalid.
Does Pennsylvania's two-year filing deadline apply to UM claims?
Yes, the two-year statute of limitations generally applies to UM claims just as it does to other personal injury lawsuit actions in Pennsylvania. That clock typically starts on the date of the accident. If you wait too long, you could lose the right to take legal action entirely, which is why contacting a lawyer early is essential to your case.
Call for a Free Consultation With a Philadelphia Uninsured Motorist Accident Lawyer
An uninsured driver caused your accident, but that does not mean you are out of options. Our lawyers at the Rothenberg Law Firm have spent over 50 years in Philadelphia recovering billions for injured clients, and we are ready to put that experience to work for you.
Contact us at (800) 624-8888 or through our contact form for a free consultation. You can also visit us our Philadelphia office: 1420 Walnut St, Philadelphia, PA 19102.