Two vehicles, one silver and one navy, after their side collision accident.

How Will Pennsylvania’s No-Fault Law Affect Your Car Insurance Claim?

After an accident, thinking about dealing with an insurance claim is probably the last thing on your mind. This thinking is especially true in Pennsylvania, where car insurance laws can be confusing and challenging to deal with or understand. Following a car accident, try to get in touch with an auto accident lawyer as soon as possible to help you deal with the legal aspects of the event.

At Westmoreland Injury Lawyers, we have helped many people throughout Greensburg, PA, after being involved in an accident. Car wrecks can be devastating events, but car accident victims do not have to face the aftermath alone. Let our experienced law firm help you file your car insurance claim so you can make healing your priority.

What Is Pennsylvania’s No-Fault Law?

Even cautious drivers may still experience a car accident in their lifetime. In 2020, there were 104,475 reported crashes in Pennsylvania alone. While an accident can be overwhelming, especially if it disrupts your life or causes permanent disability, there are steps you can take to understand how the law can help you before an accident ever occurs. In Pennsylvania, a unique no-fault law declares that each driver’s insurance is required to cover their medical expenses after a motor vehicle accident occurs.

Is There a Difference Between a Full Tort and a Limited Tort Insurance Policy?

Do you know what type of car insurance you have? Your rights are affected by the type of insurance you choose. The insurance coverage type may also influence how you file a claim after an accident. All drivers must have insurance coverage by Pennsylvania law, but the scope can be either limited or full tort.

The policy must only encompass the minimum amount needed to cover the cost of injury and property damage. The word “tort” refers to an injured party’s desire to sue the person who caused the injury.

When you have a full tort policy, you have the right to seek personal damages, like pain and suffering, if it is deemed the other driver’s fault for the accident. This type of insurance coverage helps you technically bypass the no-fault law because you have paid for the right to seek damages for things like emotional distress or mental anguish.

Limited tort is the minimum insurance type required for all drivers in Pennsylvania. When you have a limited tort policy, you are waiving your ability to pursue personal damages when the other driver is at fault. If you have this type of insurance, your insurance will cover any medical expenses and lost wages due to the accident.

Are There Exceptions to Pennsylvania’s No-Fault Law?

Yes, there are some exceptions. People who have sustained injuries that will significantly decrease their quality of life compared to how they functioned before the accident can sometimes sue for damages and other emotional, non-economic suffering, even if they only have limited tort coverage.

If you believe you have an injury that extends past what limited tort coverage offers in compensation, you may want to contact an auto accident lawyer about your case. At Westmoreland Injury Lawyers, we are dedicated to helping you navigate this complex process while you heal from your accident.

What Steps Should You Take After You Are Involved in an Auto Accident?

After a car accident, prioritize seeking medical care. If possible, document all aspects of the accident with photos and write down everything you remember happening. Never admit fault and contact an car accident attorney as soon as possible. A personal injury lawyer can help you file your car insurance claim and get the maximum compensation for any injuries or property damage.

What If I Was the Passenger, Not the Driver in A Car Accident?

If you were the passenger in an automobile accident, your injuries might not be fully covered by another driver’s insurance. This scenario is where health insurance may come into play for you, as it may help make up the difference in costs if an uninsured or underinsured party injures you. When a passenger is involved in an accident, their coverage comes from these places, in this order.

  1. Their car insurance policy. This case applies even if their car was not involved in the accident.
  2. Any car insurance policy in their household under which they are insured.
  3. If the vehicle driver in the car crash is insured, their insurance policy will cover the passenger after the other two options are exhausted.

If you are injured in an accident and the at-fault driver is the operator of the vehicle you were not in, their insurance may still be responsible for some of the cost of your injuries. When the injured party was outside the vehicle at the time of the accident, as a pedestrian, for example, the policy on the at-fault driver’s car may be responsible for your medical care. Each scenario is different, and that is why it is crucial for you to speak with a knowledgeable auto accident attorney after you have been in an accident.  

Do You Want to Talk to An Experienced Auto Accident Lawyer?

Don’t feel discouraged if you are confused or overwhelmed by Pennsylvania’s car insurance laws. After your experience in an auto accident, you deserve to focus on healing while the professionals take care of getting you compensation and justice. Speak with our experienced and dedicated auto accident lawyers today so we can help you navigate your car accident case.

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