Collecting From an Uninsured Driver Who Owns Property in Pennsylvania

Attorney Answer

A lien comes at the end, not the beginning. In Pennsylvania you first win a judgment against the driver, and that judgment becomes a lien on real estate when it is entered in the county where the property sits. Along the way, the Vehicle Code gives you a second lever, a driver's license suspension, and your own insurance may cover part of the loss sooner.

How a judgment becomes a lien. 42 Pa.C.S. § 4303(a):

Any judgment or other order of a court of common pleas for the payment of money shall be a lien upon real property on the conditions, to the extent and with the priority provided by statute or prescribed by general rule adopted pursuant to section 1722(b) (relating to enforcement and effect of orders and process) when it is entered of record in the office of the clerk of the court of common pleas of the county where the real property is situated, or in the office of the clerk of the branch of the court of common pleas embracing such county.

Two things follow from that wording. First, it speaks of a judgment of a court of common pleas. A judgment from a magisterial district judge (small claims, up to $12,000 under 42 Pa.C.S. § 1515(a)(3)) has to be moved into the common pleas court before it can act as a lien. Second, the lien attaches county by county. If the two properties are in different counties, the judgment has to be entered in each. How the driver holds title also matters, for example whether a spouse is a co-owner. A lawyer will check the deeds before relying on them.

The license lever. 75 Pa.C.S. § 1772(a):

The department, upon receipt of a certified copy of a judgment, shall suspend the operating privilege of each person against whom the judgment was rendered except as otherwise provided in this section and in section 1775 (relating to installment payment of judgments).

The relief for drivers who were insured, in § 1772(c), does not help a driver who had no coverage. In practice, the prospect of losing a license is often what brings an uninsured driver to the table.

Your own coverage. Check two things on your policy:

Collision coverage pays for your car regardless of who was at fault, minus your deductible. Your insurer can then pursue the driver. - Uninsured motorist coverage, if you bought it, covers injuries, not the car. 75 Pa.C.S. § 1731(b):

Uninsured motorist coverage shall provide protection for persons who suffer injury arising out of the maintenance or use of a motor vehicle and are legally entitled to recover damages therefor from owners or operators of uninsured motor vehicles.

What you can do

1. Get the police report; it records the driver's identity and insurance status.

2. Check your declarations page for collision and uninsured motorist coverage, and notify your insurer.

3. Look up the properties' deeds at the county recorder of deeds, which are public records.

4. Keep the total-loss valuation, towing and rental receipts, and any other costs.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Pennsylvania attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. A claim for the car must be filed within two years under 42 Pa.C.S. § 5524, which lists “An action for taking, detaining or injuring personal property, including actions for specific recovery thereof.” An injury claim has the same two years under § 5524(2).