Who pays for a hit-and-run accident in Pennsylvania?
If the driver who hit you is never found, your own uninsured motorist (UM) coverage is usually the main source of payment, and your first-party medical benefits pay medical bills regardless of fault. Pennsylvania treats an unidentified hit-and-run vehicle as an uninsured motor vehicle, but only if the crash is reported to the police and you notify your insurer within 30 days, or as soon as practicable after that (75 Pa.C.S. § 1702).
That notice rule is the first thing to act on. Report the crash to police, get the report number, and tell your own insurance company in writing that you have a claim arising from a hit-and-run. If you have not done both, do them today.
Victims, not defendants: this page is for people who were hit
Many hit-and-run searches are about criminal charges. We represent the injured person. Leaving the scene of a crash that injures someone is a crime under 75 Pa.C.S. § 3742, and a driver who stays has a duty to give name, address, registration and insurance information and to help the injured (§ 3744). Criminal charges against the driver, if any, are handled by the district attorney. Your civil claim for money is separate, and you do not need to wait for an arrest to start it.
Your first-party medical benefits
Every Pennsylvania auto policy on a registered car includes at least $5,000 in first-party medical benefits (75 Pa.C.S. § 1711). If you own an insured car, your own policy pays first. If you live with a relative who has a policy, that policy may cover you. If you were a passenger, the policy on the car you were in may apply, and a pedestrian can look to the policy on a vehicle involved (§ 1713).
If no policy applies at all, Pennsylvania's Assigned Claims Plan may pay up to $5,000 in medical benefits to an eligible Pennsylvania resident who does not own a registered vehicle (75 Pa.C.S. §§ 1752, 1753). The eligibility rules are strict, so ask us before assuming you qualify.
Uninsured motorist coverage: the claim against your own insurer
UM coverage pays you what you could have recovered from the at-fault driver if that driver had insurance. Insurers must offer it on every Pennsylvania policy, and you can only reject it by signing a specific form. If the insurer cannot produce a valid signed rejection, UM coverage is equal to your bodily injury liability limits (75 Pa.C.S. § 1731).
If your household insures more than one vehicle, the UM limits may stack, meaning the limit for each car is added together, unless a stacking waiver was signed on the required form (§ 1738). Stacking can make a real difference in a serious hit-and-run.
In a UM claim, your own insurer becomes the party you are negotiating against. The insurer will look for reasons to question fault, injuries and notice. Your policy also sets its own claim procedures and deadlines, so read it or have us read it.
How hard is it to prove a hit-and-run claim?
You need to show that another vehicle caused the crash, not that you lost control on your own. Proof often comes from the police report, witnesses, surveillance and doorbell video, traffic cameras, paint transfer on your car, and debris at the scene. In Delaware County, businesses along West Chester Pike, Township Line Road and Baltimore Pike often have cameras, but many systems record over footage within days.
If police later identify the driver, the claim can shift to that driver's insurance company. If the driver had no insurance, your UM coverage still applies.
- Report to the Upper Darby Township Police, Philadelphia Police or Pennsylvania State Police right away
- Photograph your vehicle, injuries, the scene and any debris
- Ask nearby businesses and neighbors to save video
- Collect witness names and phone numbers
- Notify your own insurer in writing of a hit-and-run claim
If you were walking, riding a bike or getting off a bus
Pedestrians and cyclists are often the people hurt by drivers who flee, especially near bus stops and crosswalks on busy roads such as West Chester Pike, Township Line Road and the streets around the 69th Street Transportation Center. You do not need to have been in a car to use car insurance. If you or a relative you live with has an auto policy, the first-party medical benefits and UM coverage on that policy can apply to you even though you were on foot or on a bike.
If nobody in your household has auto insurance, the answer depends on the details: whether you own a registered vehicle, where you live, and whether another insured vehicle was involved. We sort that out on the free review call.
What your claim can include
A hit-and-run claim covers the same losses as any car accident claim: medical treatment, lost wages, future care and, if your tort option and injuries allow it, pain and suffering. Medical bills paid by your first-party benefits cannot be claimed a second time (75 Pa.C.S. § 1722). How much UM coverage you carry often sets the practical limit, which is why we collect every policy in the household before valuing the claim.
Limited tort and hit-and-run crashes
If you have limited tort, you are generally barred from pain-and-suffering damages unless your injury is a serious injury (75 Pa.C.S. § 1705). One exception applies when the at-fault driver has not maintained the financial responsibility the law requires. If the driver is found and had no insurance, that exception may restore full tort rights. Our guide to limited tort vs. full tort covers each exception.
Deadlines after a hit-and-run
The 30-day notice to your insurer for an unidentified vehicle comes first. For a lawsuit against an identified driver, the deadline is generally two years (42 Pa.C.S. § 5524). UM claims run under your policy's terms and can have their own timing rules. Exceptions exist in each situation, so talk to a lawyer early.
How we handle hit-and-run cases
Warren I. Siegel has represented injured Pennsylvanians since 1992. We confirm your notice was given, gather the police report and any video, identify every policy in your household, and present the UM claim to your insurer with the medical proof behind it.
Our fee is 100% contingency. No attorney fee unless we recover, the firm advances all case costs, and those costs are repaid only from a recovery. If a driver hit you and left, call (267) 412-4601, 24 hours a day, or send the free case review form.
Questions People Ask About Hit-and-Run Accident Claims
Who pays for my injuries if the hit-and-run driver is never found?
Your first-party medical benefits pay medical bills regardless of fault, and your uninsured motorist coverage pays for other losses if you carry it. If no policy in your household applies, the Assigned Claims Plan may pay limited medical benefits.
Is it worth reporting a hit-and-run to the police?
Yes. Pennsylvania only treats an unidentified vehicle as uninsured for UM purposes if the crash is reported to the police or proper authority, along with notice to your insurer within 30 days or as soon as practicable.
Do police follow up on hit-and-run crashes?
They do investigate, and injury crashes get more attention. Results vary with the evidence available. Giving police video, plate fragments and witness names early improves the chances of an identification.
How hard is it to prove a hit-and-run?
It can be hard without a witness or video, because your insurer may question whether another car was involved. Damage patterns, paint transfer and prompt reporting all help.
Is it worth suing a hit-and-run driver?
If the driver is identified and insured, a claim against that driver's insurer is often worth pursuing. If the driver has no insurance or assets, your own UM coverage is usually the better route.
How much does a lawyer cost for a hit-and-run claim?
Nothing upfront. We work on 100% contingency: no attorney fee unless we recover, with all case costs advanced by the firm and repaid only from a recovery. If there is no recovery, you owe nothing.
Do I have to pay a lawyer upfront?
Not with us. There is no retainer and no upfront payment. The fee comes only from a recovery.
Will a UM claim raise my insurance rates?
Rate rules vary by insurer and depend on fault. Ask your insurer directly and let us know if a surcharge follows your claim.
What should I not tell my insurance company after a hit-and-run?
Give the facts you know, but do not guess at speed, the other car's direction, or your injuries. Say you are still being evaluated, and let your lawyer handle recorded statements for the UM claim.
Sources
- 75 Pa.C.S. § 1702 (uninsured motor vehicle definition)
- 75 Pa.C.S. § 1731 (UM/UIM coverage)
- 75 Pa.C.S. § 1738 (stacking)
- 75 Pa.C.S. § 1711 (required medical benefit)
- 75 Pa.C.S. § 1713 (source of benefits)
- 75 Pa.C.S. § 1752 (Assigned Claims Plan eligible claimants)
- 75 Pa.C.S. § 1753 (Assigned Claims Plan benefits)
- 75 Pa.C.S. § 1705 (tort options and exceptions)
- 75 Pa.C.S. § 3742 (accidents involving death or personal injury)
- 75 Pa.C.S. § 3744 (duty to give information and render aid)
- 42 Pa.C.S. § 5524 (two-year limitation)
- 75 Pa.C.S. § 1722 (preclusion of recovering required benefits)
Written for general information by the office of Warren I. Siegel, Esq., Pennsylvania Attorney ID 65342. Last reviewed 2026-09-25. This is not legal advice for your situation, and deadlines vary by claim. Talk to a lawyer before relying on any date.