Auto insurance in Pennsylvania is neither a "fault" nor a "no-fault" state. Instead, it has a hybrid system that allows you to choose between a no-fault and fault-based insurance system. This means that when you are involved in a car accident in PA and need your injuries to be covered, it varies depending on your insurance policy as to whether you will be covered before or after establishing fault.
If your injuries are severe enough, you may still have a case against the other driver or be able to fight the insurance companies for compensation. If you or a loved one has been injured in a car accident in Pennsylvania, contact Brandon J. Broderick's car accident attorneys. Our Pennsylvania car accident and personal injury attorneys can assist you in obtaining compensation for your medical expenses, lost wages, and pain and suffering.
PA No-Fault Auto Insurance
In states with fault-based insurance, you cannot recover anything unless you can prove fault. This is because only the at-fault driver's insurance company pays for injuries; your own insurance company will not pay for injuries you did not cause. It may work that your company pays you money immediately and is reimbursed later by the insurance company of the at-fault driver, but this is still a slower, more time-consuming process. Ultimately, if you are injured, you may need money immediately for medical expenses.
This is the objective of no-fault automobile insurance. Instead of waiting for insurance companies and attorneys to determine who is at fault, many states have decided that people injured in car accidents should be compensated immediately. In no-fault states, your insurance company will always pay for your own injuries, up to a certain policy limit, without regard to who was at fault. In many no-fault states, insurance companies pay a few thousand dollars regardless of who caused the accident so that you can immediately begin receiving payments. This money is known as “Personal Injury Protection," or PIP, and it may also cover your passengers.
In a no-fault system, injuries that are extremely severe or require more than the PIP limit can still result in a claim against the insurance of the driver at fault. Even in no-fault states, insurance coverage is frequently inadequate. In order to obtain the maximum available compensation, the case ultimately hinges on establishing which party was at fault.
The system in Pennsylvania is a hybrid of these two systems. In Pennsylvania, insurance companies are required to offer you the option to purchase no-fault auto insurance. In this scenario, your insurance will protect you regardless of fault. Otherwise, you can only pay for insurance based on fault. No-fault insurance may be hidden inside the choice between "full tort" and "limited tort" insurance and may not be referred to as "no-fault" insurance, but it is still a part of your insurance policy options.
Consult a car accident attorney immediately if you wish to learn more about which options you should select. Our attorneys provide free consultations and can assist with this choice.
What do No-Fault and Fault-Based Insurance Cover in PA?
The choice between fault and no-fault insurance is ultimately determined by whether or not you want PIP. This is the primary distinction between the two insurance types. In a no-fault system, PIP will cover your injuries regardless of who was at fault for the accident. The minimum option for PIP in Pennsylvania is $5,000, which means you can be covered for up to $5,000 in injuries even if you caused the accident. Since many serious injuries will exceed the $5,000 minimum, selecting no-fault insurance may not be beneficial. This may be adequate for injuries such as whiplash, but it does not cover catastrophic injuries.
PIP only covers you and other individuals listed on your insurance policy. Some policies may extend coverage to passengers in your vehicle. As its name suggests, Personal Injury Protection pays for personal injuries, not vehicle damage.
If your injuries are more severe than your PIP limit or if you have a fault-based insurance policy, you will still be required to prove that the other driver was at fault in order to collect from their insurance company. Due to this, coverage for serious injuries under both systems is nearly equivalent. Due to the high risk of spinal cord injury and traumatic brain injury in severe automobile collisions, you may be eligible for extremely high compensation under either system.
To obtain this compensation, however, you must demonstrate that the other driver was at fault. Since negotiating fault with insurance companies can be extremely difficult, it is in your best interest to hire a lawyer to take your case to court and fight insurance companies.
Pennsylvania Car Accident Lawyers at Brandon J. Broderick are Ready to Help
When you are injured in a car accident, our mission at Brandon J. Broderick is to obtain the compensation you require. Regardless of the type of insurance you have under Pennsylvania's no-fault insurance system, we will fight insurance companies on your behalf to obtain the maximum insurance payout you are entitled to. If that is not sufficient, we may take your case to court. Contact us today for a free consultation on your auto accident case. We look forward to helping you.