Frischman & Rizza

Pennsylvania Car Accident Laws: Is PA a No-Fault State for Car Accidents?

Every day people travel on the streets and highways of Pittsburgh, PA, and they can get to the places they need to go. They were driving to work, dropping the kids off at school, running errands, and doing a thousand other potential things all require using your vehicle.

A car accident can happen at any time and to anyone, and the circumstances of the accident are unique to every incident. Most individuals are successful in their ventures and do not think anymore about it. Others, unfortunately, are not always so lucky. Depending on the situation, though, car accident victims may be able to file a personal injury lawsuit to cover their medical expenses.

At Frischman & Rizza in Pittsburgh, Pennsylvania, our injury lawyers are here to help those car accident victims who have sustained serious injuries and major property damage due to the accident. We will evaluate your case during a free case evaluation, examine your auto insurance policy, and determine if you may qualify to file a claim.

At-Fault Insurance vs. No-Fault Insurance

There are two insurance laws for car insurance, and PA drivers must understand the differences between these policies: at-fault insurance coverage and no-fault insurance coverage.

In states with at-fault insurance, all drivers must carry a certain amount of liability insurance. This will cover car accident victims for damages caused by an at-fault party. Your bodily injury liability insurance may cover:

  • Medical bills
  • Therapies (physical, occupational, etc.) in addition to the medical treatments
  • Personal care expenses
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering
  • Loss of life enjoyment
  • Other damages (economic and non-economic)

As long as the insurance policyholder can prove negligence on the other driver’s part, the insurance company will pay the claim. Any damages that exceed the bodily injury liability coverage limits can be claimed in a lawsuit against the at-fault driver.

All drivers will invest in Personal Injury Protection (PIP) insurance in no-fault insurance coverage states. When a car accident occurs, each driver files a claim with their insurance company, and there is no need to prove negligence. When a serious injury is sustained, no-fault states also allow for personal injury claims to be filed to compensate the rest that the insurance claim did not cover.

Is Pennsylvania a No-Fault Insurance State?

The question is Pennsylvania is a no-fault state is a tricky one to answer because it is both. After all, Pennsylvania’s no-fault insurance laws allow drivers to opt-out of the system. It is considered a “choice no-fault” system.

Drivers in Pennsylvania are required to hold insurance coverage for:

  • Bodily injury coverage
  • PIP coverage
  • Property damage coverage

If a car accident occurs, the drivers will file a claim against their PIP car insurance policy to compensate for medical bills and lost wages. If a driver also chooses to have full tort coverage, they may be able to hire a personal injury lawyer and sue for damages from the other driver.

Your Pennsylvania Insurance Company Policy Makes the Difference

The system can be very confusing for PA drivers, especially if you are not well aware of the type of policy and what coverages you have opted for. In the case of an auto accident, you must contact your insurance provider to learn about the no-fault insurance rules and see if you have limited tort insurance or full tort insurance.

Limited Tort Coverage and Full Tort Coverage

The policyholder accepts the no-fault insurance rules with limited tort insurance policies and files an insurance claim for medical expenses and lost wages. Whatever your insurance policy does not cover, you may be able to sue the negligent driver, but pain and suffering damages cannot be included in a limited tort situation.

In full tort insurance situations, your lawsuit against the negligent driver can include the pain and suffering damages and the economic damages you have incurred as long as you can prove that the other driver was at fault.

As expected, the limited tort coverage costs less than the full tort option, but you must weigh the costs and benefits of each option. Car accidents can result in expensive damages, medical expenses, and long-lasting pain and suffering. You can opt for limited tort insurance coverage in no-fault insurance states, but full tort insurance coverage will keep you much more secure.

Contact Our Pittsburgh Personal Injury Attorneys to Discuss Your Car Accident Medical Bills

If you or a loved one has been involved in a serious car accident in Pittsburgh, PA, or the surrounding areas and has sustained severe injuries, contact the experienced personal injury law firm at Frischman & Rizza to discuss your case.

We will listen to you describe your case during your free case evaluation and examine your no-fault insurance policy. Our legal team has vast experience with car accidents in Pennsylvania, and we are well-versed in all things related to Pennsylvania’s no-fault system.

We encourage every accident victim to seek legal counsel after being involved in an auto accident because they may be able to fight for compensation from the negligent driver. Your injury attorney will investigate the circumstances of your case, determine what medical benefits coverage you have already used, and work to get you the maximum compensation from the other driver.

The insurance and no-fault laws of Pennsylvania can be very confusing. Our job at Frischman & Rizza is to help accident victims like you get the best possible outcome from a personal injury claim. Contact us today to schedule your free, no-obligation case evaluation with our attorneys and determine if you may be eligible to fight for financial compensation for your injuries.

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