Pennsylvania law requires your own auto insurer to offer uninsured and underinsured motorist coverage, and that coverage exists specifically to compensate you when the at-fault driver carries no insurance or not enough. Most Lehigh Valley drivers carry this coverage without fully understanding how to use it, or how aggressively their own insurer will fight to minimize it.
The Slocum Firm, P.C., handles UM and UIM claims across Allentown, Bethlehem, and the surrounding Lehigh Valley. Call or text (570) 209-7376 or toll-free at (888) 367-4577 anytime. No fees unless we recover.
Understanding UM and UIM Coverage in Pennsylvania
Pennsylvania law distinguishes between two types of coverage: uninsured motorist (UM) and underinsured motorist (UIM). UM applies when the at-fault driver has no insurance. UIM applies when the driver’s insurance exists but is not enough to cover your full damages.
Under 75 Pa. C.S. § 1731, insurers must offer UM and UIM coverage to all policyholders. Any rejection must be in a signed written form that meets strict statutory requirements. If the waiver is missing or defective, coverage may still apply.
UM coverage pays damages when the at-fault driver is uninsured, including medical bills, lost wages, and pain and suffering, up to policy limits. UIM coverage applies when the other driver’s policy is insufficient and covers the gap between their limits and your total losses, up to your own limits.
Pennsylvania’s minimum liability coverage is $15,000 per person and $30,000 per accident, codified at 75 Pa. C.S. § 1702. Serious injuries routinely exceed those limits, which is why UM and UIM coverage matters.
Both UM and UIM claims are filed against your own insurer, which has a financial incentive to limit payouts. These claims are not neutral disputes, and how they are handled directly affects recovery. Pennsylvania’s contract statute of limitations of four years under 42 Pa. C.S. § 5525 applies to UM and UIM claims from the date of the accident.
Call The Slocum Firm, P.C. at (570) 209-7376 or (888) 367-4577 for a free case review. An attorney answers directly at any hour.
The Pennsylvania Option That Can Multiply Your Coverage
Pennsylvania law allows policyholders with multiple vehicles or household policies to stack UM and UIM coverage limits together, multiplying the total coverage available for a single claim. For serious injuries in the Lehigh Valley where damages quickly reach six figures, stacking can be the difference between a recovery that covers the full loss and one that does not.
Under 75 Pa. C.S. Section 1738, Pennsylvania allows policyholders to stack UM and UIM coverage across multiple vehicles on the same policy or across separate policies within the same household. If a household insures two vehicles, each with $100,000 in UIM coverage, stacking combines them into $200,000 of available UIM coverage for a single claim. Households with more vehicles and multiple policies can stack to substantially higher limits.
Like UM and UIM coverage itself, stacking can be waived in writing. If you signed a stacking waiver when you purchased your policy, that option is unavailable unless the waiver fails to meet Pennsylvania’s technical formatting and language requirements.
Courts have found waivers invalid when they did not comply precisely with the statutory form. An attorney reviews your policy documents and any waiver you signed to determine whether stacking legitimately applies before any claim value is calculated.
When Your Own Insurer Disputes Your UM or UIM Claim
Pennsylvania law holds insurers civilly liable when they deny, delay, or underpay a legitimate claim without a reasonable basis. This protection is codified at 42 Pa. C.S. Section 8371 and applies directly to UM and UIM disputes where your own insurer is the opposing party.
Bad faith in a UM or UIM context includes refusing to evaluate a claim fairly, making settlement offers that bear no reasonable relationship to documented damages, creating unnecessary delays in the claims process, or demanding repeated documentation with no legitimate purpose.
When bad faith is established in Pennsylvania, the court may award interest on the unpaid amount, attorney fees, and punitive damages against the insurer. These remedies exist because the relationship between a policyholder and their own insurer is not a standard adversarial one. You paid premiums for coverage that is now owed. The law treats insurer misconduct in that context as warranting remedies that go beyond the original claim value.
Bad-faith claims require a documented record. Every unreasonable delay, every lowball offer with no factual support, and every demand for excessive documentation becomes part of the case. An attorney managing the claim from the beginning builds that record as it develops. A claimant handling the process without legal representation rarely does, and by the time bad faith conduct is obvious, much of the supporting record has not been preserved.
The Uninsured and Underinsured Driver Problem in the Lehigh Valley
Not every driver on Lehigh Valley roads carries adequate insurance, and identifying the actual coverage available after a crash is one of the most consequential steps in any UM or UIM case. Gig economy and food delivery drivers making runs along Route 22 and the MacArthur Road corridor frequently carry minimum-limit policies that cover little beyond basic liability.
Rideshare platforms maintain their own insurance for certain phases of a driver’s activity, but coverage gaps during the period when a driver is logged into the app but has not yet accepted a ride are well-documented and have been actively contested in Pennsylvania courts.
Commuter routes between Allentown and Bethlehem, the I-78 corridor toward New Jersey, and the industrial access roads near the Lehigh Valley Industrial Park all carry traffic from out-of-state drivers whose coverage may not meet Pennsylvania minimums or whose policies were lapsed at the time of the crash. Verifying the actual insurance status of the at-fault driver is the first step taken after the police report is secured in every case.
When the at-fault driver’s policy was lapsed, canceled, or never existed, the UM track was activated. When the policy exists but the limits are inadequate relative to the damages, the UIM track applies. In some crashes, both issues are present simultaneously, and both tracks are pursued in parallel.
Injuries Covered Under UM and UIM Claims
UM and UIM coverage applies across the full range of injuries that result from motor vehicle crashes, including traumatic brain injury, spinal fractures, internal organ damage, multiple broken bones, and serious soft tissue injuries. The coverage is not limited to vehicle occupants.
Pedestrians and cyclists injured by uninsured or underinsured drivers may have access to UM coverage through their own auto policy or a household member’s policy, depending on the specific policy language.
Compensation available under UM and UIM claims covers present and future medical expenses, lost wages, reduced future earning capacity if injuries are permanent, pain and suffering, emotional distress, and, in fatal cases, wrongful death damages.
Surviving family members may pursue a wrongful death claim while simultaneously accessing UM or UIM benefits, codified at 42 Pa. C.S. Section 8301. A survival action under 42 Pa. C.S. Section 8302 allows the estate to pursue damages the victim would have recovered had they survived. Both claims can proceed alongside a UM or UIM benefit claim.
How The Slocum Firm, P.C. Handles UM and UIM Cases in Allentown
The Slocum Firm, P.C., has recovered millions for Pennsylvania accident victims since 2009. With over 50 years of combined attorney experience and a recovery rate above 95 percent, we approach every UM and UIM case with the same preparation we bring to litigation against a third-party defendant, because an insurer disputing its own policyholder’s claim warrants no less scrutiny. Results may vary. Prior case outcomes do not guarantee similar results.
From the first call, you work directly with an attorney. We verify the at-fault driver’s insurance status, review your complete policy for UM, UIM, and stacking eligibility, identify any household policies that may extend additional coverage, and manage all communication with your insurer from day one.
If the insurer’s conduct crosses into bad faith, that record is being built in real time from the beginning of the representation. No upfront costs. No fees unless there is a recovery. Call or text (570) 209-7376 or toll-free at (888) 367-4577 any time of day.
Frequently Asked Questions: UM and UIM Claims in Pennsylvania
I was a passenger in someone else’s car when an uninsured driver hit us. Can I make a UM claim on my own policy?
Yes. As a passenger, you may have access to multiple UM coverage sources: the vehicle owner’s policy, your own auto policy, and potentially a household member’s policy. Pennsylvania law governs the priority order in which these respond, codified at 75 Pa. C.S. Section 1733. An attorney identifies every applicable policy before any single limit is treated as the ceiling.
What if I never owned a vehicle and do not have my own auto policy?
Coverage may still be available through a household family member’s auto policy, as Pennsylvania law extends UM and UIM coverage to resident relatives. If no household policy exists, a claim may be possible through the Pennsylvania Assigned Claims Plan for eligible victims with no other source, codified at 75 Pa. C.S. Section 1751.
How does the UIM claim process work after I settle with the at-fault driver’s insurer?
Settling with the at-fault driver’s insurer and collecting their policy limits is generally required before a UIM claim can proceed. That settlement must be handled correctly: accepting their limits without following the notification and consent procedures required by your own UIM policy can waive your UIM rights. An attorney manages this process before any settlement is finalized.
What if I disagree with my insurer’s valuation of my UIM claim and they refuse to negotiate?
Pennsylvania UM and UIM policies frequently contain arbitration provisions for valuation disputes. Whether arbitration or litigation in state court is more appropriate depends on the specific policy language and the nature of the dispute. An attorney reviews the policy and the insurer’s conduct to recommend the most effective path.
You Paid the Premiums. Now They Owe the Coverage.
Most people picture their own insurance company as being on their side. In a UM or UIM claim, that picture changes. The insurer’s claims department, their adjusters, and their legal team are all working toward the same goal: closing your claim for as little as possible.
You paid years of premiums for coverage that is now owed to you, and the company collecting those premiums is the one disputing the amount.
The Slocum Firm, P.C., manages that dynamic from the first call. We review every policy, identify every available coverage source, and build a documented claim that reflects the actual cost of your injuries before any settlement offer is considered.
We have recovered millions for Pennsylvania injury victims since 2009, with a recovery rate above 95 percent and most cases resolved in under a year. Results may vary. Prior case outcomes do not guarantee similar results.
Call or text (570) 209-7376 or toll-free at (888) 367-4577 any time of day. Consultations are free. No fees unless there is a recovery.
