If you have been in a car accident in Pennsylvania, you might be curious about the coverage that no-fault auto insurance offers. This article will explain who is eligible for no-fault benefits, their limitations, when to file a claim, and how to file a personal injury lawsuit. In Pennsylvania, mandatory no-fault auto insurance covers specific financial losses, including medical expenses, lost wages, and other expenses.

Following a car accident, navigating the details of an insurance claim can be the most frustrating aspect of recovery. This is especially true for individuals who find Pennsylvania's auto accident laws confusing. There are twelve states with no-fault insurance laws, one of which is Pennsylvania. Understanding the state's laws regarding personal injury and auto insurance will help with the handling of your claim and allow you to choose a better policy in the future.

Pennsylvania's no-fault insurance laws frequently cause confusion. After a car accident in Pennsylvania, you should consult with an experienced PA car accident attorney about your claim filing options and the types of compensation you may be eligible to receive based on the severity of your injuries and your current auto insurance coverage.

What are the PIP Coverage and Minimum Requirements for Car Insurance in Pennsylvania?

Pennsylvania requires some form of PIP insurance. However, drivers are only required to carry $5,000 in medical benefit coverage. This covers medical costs up to $5,000 for you, your passengers, and anyone else covered by your policy. Your PIP coverage would pay first while the fault is being determined after the accident.

Pennsylvania mandates that drivers carry additional minimum coverage in addition to medical benefits.

This consists of:

• $5,000 in "medical benefits" coverage, which covers your (or anyone else on your policy's) medical costs after an accident, regardless of who was at fault.
• $15,000 for bodily injury liability per injured person (when you cause an accident)
• $30,000 in total bodily injury liability per accident (when at fault) and
• $5,000 per occurrence coverage for property damage (when you are at fault)

Pennsylvania also recognizes certain comprehensive auto insurance policies with a minimum of $35,000 in total coverage.

When a policyholder causes an accident that results in monetary loss for another motorist, the policyholder's liability insurance helps cover those costs. If an insured motorist causes an accident, the driver's liability insurance will cover the other party's legal fees and losses.

Remember that if you are found liable for causing a car accident and the injured drivers' and/or passengers' losses exceed the limits of your auto insurance policy (which is not an unlikely scenario if you've only met Pennsylvania's minimum coverage requirements), you may be required to make up the difference with your own assets.

The risk of out-of-pocket costs may be increased by purchasing the minimum coverage. For instance, if you purchase $5,000 in medical coverage, it may not be sufficient to cover the multiple injuries you and your passengers sustain. If you are unable to work as a result of your injuries, purchasing only the absolute minimum will not provide additional financial protection.

What is the Difference Between Pennsylvania's Limited Tort vs. Full Tort Coverage?

As its name suggests, "Limited Tort" coverage restricts your right (as well as the right of family/household members and anyone else covered by your policy) to receive financial compensation for injuries and other losses sustained in a car accident caused by another driver.

Under this option, a claimant may seek compensation for all medical expenses and other out-of-pocket losses, but not for pain and suffering or other non-monetary losses, unless the car accident injuries qualify as "serious," which typically involves more than a soft tissue injury. Even relatively minor head injuries may not qualify. According to recent Pennsylvania court decisions, a "serious injury" usually requires a severe impairment of a bodily function or a permanent and severe disfigurement. Pennsylvania Statutes, Title 75, Section 1705, contains the specifics.

The more expensive "Full Tort" coverage gives you and your insured family/household members unrestricted financial compensation rights for injuries and other losses resulting from an auto accident caused by another driver. Even if your injuries do not constitute "serious" under the statutory definition, you may recover for all medical treatment and other out-of-pocket losses, as well as for pain and suffering and other non-monetary losses caused by the accident.

Importantly, Pennsylvania's no-fault auto insurance system applies only to injuries resulting from auto accidents, not to claims for vehicle damage. Unrestricted vehicle damage (or total loss) claims can be lodged against the at-fault driver.

What Damages Can I Seek Compensation For in Pennsylvania After a Car Accident?

Your recoverable damages may be determined by your specific insurance policy. Both limited tort and full tort policies provide coverage for financial losses.

These losses may consist of:

• Lost wages
• Injury-related expenses such as medications, rehabilitation and medical equipment and devices
• Temporary transportation
• Repair or replacement of non-vehicular personal property
• Vehicle repairs

If you have a full tort policy or were seriously injured in an accident, you can seek coverage for non-economic losses such as pain and suffering, which typically includes:

• Physical pain
• Emotional anguish
• Loss of quality of life
• Loss of physical abilities
• Sleep disturbance
• Scarring

You may also seek compensation for the following in the event of a wrongful death:

• Grief
• The lost companionship of a spouse
• Loss of a child or parent
• Loss of financial support from your family member

After a car accident in Pennsylvania, you should consult with an experienced PA car accident attorney about your claim filing options and the types of compensation you may be eligible to receive based on the severity of your injuries and your current auto insurance coverage.

How Do I File a Lawsuit Against the At-Fault Motorist After a Car Accident in Pennsylvania?

If you have suffered a "serious injury" as defined by 75 PA CSA §1702 and have been injured due to someone else's negligence, you can file a lawsuit against the negligent motorist.

When there has been a "serious" physical injury, it is also possible to sue a third party for pain and suffering. As your insurer is not required to provide or pay for a lawyer you may employ to represent you in a claim against another party, you would be required to pursue this course of action on your own by hiring a personal injury attorney. You can also file a lawsuit for property damage and other economic losses that your no-fault insurance does not cover or that exceed its limits.

In Pennsylvania, as in the vast majority of other states, the statute of limitations applicable to a car accident lawsuit is the same as the more general one applicable to the vast majority of personal injury cases. In particular, 42 Pennsylvania Statutes Section 5524 states, "An action to recover damages for injuries to the person or for the death of a person caused by the wrongful act, neglect, unlawful violence, or negligence of another must be filed within two years."

PA Lawyer Brandon J. Broderick is Ready to Help You With Your Car Accident Claim

The no-fault insurance laws in Pennsylvania frequently cause confusion. Those injured in automobile accidents are frequently unaware of the compensation to which they are entitled. Working with a PA car accident attorney who has extensive experience with auto accidents can have a significant positive effect on the outcome of your case. You can rely on us to provide the superior legal representation you need to win your case if you have been involved in a car accident. As a result, we are considered one of the best law firms in Pennsylvania for auto accidents.

You can trust that we will apply every available resource to secure a favorable outcome for you. Our firm has represented thousands of clients in your position who were injured in automobile accidents.

Feel free to contact us today so we can discuss your legal options. You are under no obligation to use our services. We offer free consultations.