Is Pennsylvania a No-Fault State for Car Accidents?
Pennsylvania’s choice no-fault auto insurance system gives drivers more flexibility than most states’ standard fault or no-fault setups. Understanding how this system works and how it affects your ability to file a claim can help you protect your rights after a car accident. If you or a loved one was injured in a crash, call 800-726-6326 ext. 123 to learn how our attorneys can help.
Expertise
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Content written by Samuel Meirowitz
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Experienced Personal Injury Attorney
Quick Links
- What Does ‘No-Fault’ Mean in Car Accidents?
- Pennsylvania’s Choice No-Fault System
- How No-Fault Affects Accident Claims in Pennsylvania
- Actionable Steps After a Car Accident in Pennsylvania
- How Meirowitz & Wasserberg Can Help You
- Meirowitz & Wasserberg Recent Car Accident Settlements
- What Clients Say About Us
- Speak to a Car Accident Lawyer
What Does ‘No-Fault’ Mean in Car Accidents?
No-fault states require your own insurance to pay for your medical expenses following an accident, regardless of who was responsible for the incident.
Personal Injury Protection (PIP) Coverage
Personal injury protection, also known as PIP, is an auto insurance coverage that pays for medical bills and other damages from an accident. It is known as no-fault insurance because it will pay for your damages regardless of whether or not you were partially or fully liable for your injuries. You also do not need to prove fault to receive benefits.
Difference Between Fault and No-Fault States
Unlike no-fault systems, fault-based states allow you to file a claim against the liable driver to cover your damages. These are also known as tort systems and are seen as the traditional method for car insurance in the United States.
In this system, the person who is legally at fault for causing an accident is financially responsible for the resulting damages. However, you have to follow the proper procedures when filing a claim, including concrete evidence, to secure compensation.
Pennsylvania’s Choice No-Fault System
Under Pennsylvania’s choice no-fault system, drivers can choose between limited tort and full tort insurance when buying a policy. Each of these options comes with unique advantages and should be examined closely before making a decision.
Limited Tort Coverage
Choosing limited tort coverage comes with the benefit of lower premiums, but it also limits your right to sue for pain and suffering unless you suffer a serious injury. That said, you can still pursue compensation for economic damages like medical bills and lost wages.
Full Tort Coverage
Full tort coverage has higher premiums; however, it offers full coverage for damages, non-economic and economic alike. This means you can secure compensation for more subjective losses, like pain and suffering or emotional trauma, without it having to meet a certain severity threshold.
Pros and Cons of Each Option
Each type of coverage comes with advantages and disadvantages. Choosing to opt out of full tort coverage may save you money on premiums, but can cost you in the long run if you were to sustain non-economic losses that do not qualify as severe in an accident. Full tort coverage may offer added security in the case of serious injuries, but it will require you to pay higher premiums.
How No-Fault Affects Accident Claims in Pennsylvania
After a car crash in Pennsylvania, your insurance company covers your medical bills through either personal injury protection or medical benefits coverage, regardless of who caused the incident.
Medical Bills and Lost Wages
Your own insurance covers immediate medical expenses. This covers hospital and doctor visits, surgeries, diagnostic tests, and other medical-related costs. The minimum required coverage is $5,000, but you can purchase higher limits.
Vehicle Damage Claims
Property damage claims are still fault-based, even in Pennsylvania’s no-fault system. This means that the at-fault driver’s insurance will be responsible for covering the cost of damage to your personal property, like a vehicle.
When You Can Still Sue the At-Fault Driver
While your own insurance automatically covers economic damages, you can still file a liability claim or lawsuit if you exhaust your personal coverage, suffer serious injuries, or opt for full tort insurance. If eligible to do so, you can have additional coverage for non-economic damages, such as pain and suffering.
Actionable Steps After a Car Accident in Pennsylvania
Navigating the insurance process after an auto collision is no easy task. Fortunately, you can take practical steps to protect yourself and prepare a personal injury claim.
Report the Accident Promptly
It is crucial to document details from the crash and the incident itself. This means reporting it to the police and alerting your insurance company. You can also take photos and videos at the scene of the accident to document what happened for your insurers.
Seek Medical Attention
Seeing a medical professional immediately after a car wreck protects your physical health and creates a record of your injuries. This is a key component in securing adequate compensation to cover medical-related costs.
Contact an Experienced Car Accident Lawyer
Getting legal advice from a trained attorney can maximize compensation. Our lawyers have handled numerous car wreck cases on behalf of injured clients and could help navigate a claim for fair compensation.
How Meirowitz & Wasserberg Can Help You
Our experienced personal injury attorneys can handle the legal complexities involved in your case, allowing you to focus on your recovery. We will navigate the statute of limitations, file your lawsuit on time, and ensure that your case is handled efficiently. When you choose to partner with our knowledgeable legal team, you secure the following benefits:
- Ensuring Deadlines Are Met – Our lawyers make sure all essential filings are done on time, avoiding the risk of losing the right to seek compensation.
- Handling Complex Cases – We can handle complex cases involving exceptions, multiple parties, or government entities, making sure all aspects are addressed.
Meirowitz & Wasserberg Recent Car Accident Settlements
We have successfully represented thousands of victims in cases across the state of Pennsylvania. Below are just a few of our victories:
- $1,175,000 – Our client was in a three-car collision that resulted in a ruptured aorta and spinal paralysis.
- $600,000 – We secured a favorable jury verdict in Nassau County Supreme Court for our client, who suffered a neck injury and post-concussion syndrome as a result of a motor vehicle accident. The offer before jury selection was $25,000.
- $305,000 – Our client’s vehicle was struck by a rented passenger vehicle driver who ran a stop sign in Erie County, resulting in a herniated disk, spinal stenosis, neck and back pain, and inability to walk.
- $300,000 – Our client was in a rear-end accident that resulted in shoulder surgery. They were in a small SUV and were hit by a commercial vehicle on the LIE in Queens.
- $250,000 – Our client was hit by a car while riding a pedal bike in the bike lane, resulting in loss of consciousness and cervical and lumbar spine herniations
What Clients Say About Us
We are proud to have committed, hardworking attorneys on staff at our law firm. However, do not just take our word for it; review the testimonials below provided by our loyal clients:
“Meirowitz and Wasserberg were life savers. When my accident happened the last thing I wanted to do was talk to Lawyers. They made it easy and direct, their professionalism was greatly appropriated and they made sure I knew exactly what was happening the entire time. I know I will be recommending them to all of my friends going forward. ”
“I highly recommend Meirowitz and Wasserberg for anyone seeking a knowledgeable truck accident attorney in the Bronx. They are compassionate and skilled. ”
“Meirowitz and Wasserberg's team of lawyers provided invaluable assistance following my car accident in Morris Park. Their expertise and dedication made a significant impact on my case, handling every aspect with ease and ensuring a straightforward process. I am incredibly grateful for discovering their firm and the support they provided throughout this challenging time .”
Speak to a Car Accident Lawyer
Being in a car accident is a stressful experience. However, navigating the aftermath with insurance companies and legal filings can be just as overwhelming. Our skilled attorneys at Meirowitz & Wasserberg are devoted to the success of each case they take on.
Even if you are unsure whether you have a claim for compensation, do not wait to reach out. During a free consultation, we can review the details of your accident and determine whether you are eligible for financial recovery. Contact our law office today to learn more.
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