Is Pennsylvania a No-Fault or an At-Fault State for Car Accidents?
Pennsylvania is a no-fault state in car accident cases, meaning that each party’s auto insurance coverage is responsible for medical costs regardless of who is at fault. The no-fault system for car accidents was created to lower the number of personal injury lawsuits stemming from relatively minor car accidents, allowing for faster payment of insurance claims in states that follow this legal doctrine.
It is worth noting that Pennsylvania is not a pure no-fault state. We are a choice state, meaning that Pennsylvania consumers have the right to choose the type of car insurance they wish to have, choosing between limited and full tort insurance. Limited tort insurance coverage has certain limitations that full tort insurance removes in the no-fault system. Drivers and passengers who are injured in accidents may have different legal rights for pursuing justice and financial recovery depending on the type of insurance they carry.
In addition to full or limited tort coverage, all Pennsylvania motor vehicles must carry specific liability insurance minimums, regardless of whether it is a personal or commercial vehicle. For example, every car must have a minimum of $15,000 for bodily injury to a person or the death of another person in an accident. There must be a minimum of $30,000 for the death or injury of more than one person in an accident. And there must be a minimum of $5,000 of coverage for property damage.
Do You Need Full Tort or Limited Tort Auto Insurance in Pennsylvania?
You’re not alone if you’re wondering what some differences are between full and limited tort coverage. The primary difference between full and limited tort policies is that, following a motor vehicle accident, full tort coverage allows injured motorists to pursue any financial compensation they could be entitled to, including a settlement for pain and suffering, diminished quality of life, and emotional distress. Limited tort coverage is cheaper but restricts the injured driver’s ability to seek fair compensation for all injuries and pain and suffering sustained in the accident unless those injuries reach a certain legal threshold.
Pennsylvania car insurance companies offer both full tort and limited tort coverage. Which option is right for you may depend on your circumstances, but full tort coverage is generally recommended. However, even if you only have limited tort automobile insurance, there may be certain exceptions to the limited tort rules that could allow you to sue for additional damages.
What is Full Tort Insurance in PA?
Full-tort insurance policies offer comprehensive means of recovering compensation and having coverage for a motor vehicle accident, which can be vital in states that operate under a no-fault system like ours.
Pennsylvania’s full tort coverage allows you and your family members to seek additional categories of financial compensation in cases stemming from a car accident. Some of these categories of compensation may be unavailable to those with limited tort coverage.
For instance, full or unlimited tort insurance policies permit the recovery of non-economic damages, such as chronic physical pain and suffering and mental anguish, which can help car accident victims fully recover from the trauma and stress of an accident.
When signing up for a full tort insurance plan, you must know that the premiums will be higher due to the additional coverage.
What is Limited Tort Insurance in PA?
The less expensive personal injury protection option in Pennsylvania is limited tort insurance. With limited tort coverage, you will have a more difficult road to travel in pursuit of any non-economic damages following your automobile accident. While fault still does not matter because of Pennsylvania’s no-fault rules, and injured motorists can hope to recover compensation even if they were partially at fault for an accident, the no-fault system does limit some victims’ chances of recovery.
Those who select limited tort insurance tend to pay approximately 15% less in premiums, which is offset by waiving critical legal rights. Except in scarce circumstances, those with limited tort insurance cannot recover a settlement for mental anguish, emotional pain, physical pain and suffering, stress, embarrassment, humiliation, etc. Non-economic damages such as these are crucial to motor vehicle accident victims who wish to pursue a lawsuit against the other drivers in Pennsylvania.
While those with limited tort insurance must give up certain rights to pursue compensation, specific exceptions are found under Pennsylvania law.
Exceptions include the following:
- Limited tort does not apply in car crashes involving another vehicle registered in a different state
- If an uninsured driver causes the accident, the injured party will not be bound by limited tort rules
- Limited tort does not apply if the other driver was convicted of driving under the influence or driving while intoxicated
- If you were injured as a passenger on a bus, taxi, rental car, motorcycle, or rideshare vehicle, you may be entitled to full tort coverage
- The limited tort restrictions do not bind bicyclists and pedestrians injured in a car wreck
- Pennsylvania law states that if the injury is especially severe, the injured party may be able to recover non-economic losses
What is Considered a ‘Serious’ Injury or Impairment Under the Law?
There is, unfortunately, a great deal of ambiguity in understanding what a serious injury or impairment of bodily function is under Pennsylvania law. The courts regard how to define a severe impairment of bodily function on a case-by-case basis.
The following are some of the factors that courts and attorneys use when attempting to determine whether an injury or impairment should be considered ‘serious’:
- The full extent of the new physical impairment
- The length of time that the impairment has lasted or is expected to last
- Necessary medical treatment for correcting the impairment or providing long-term care
- The inability to return to work after suffering a debilitating injury
- And any other factors that a court may deem relevant
Ultimately, the severity of the injury will be viewed based on how it impairs a person’s ability to function and perform their daily tasks. There is the belief that only permanent injuries, disabilities, and impairments will qualify as serious injuries in these cases. Still, temporary injuries that negatively alter daily life may also be considered serious.
Contact Our Philadelphia Law Firm for a Free Consultation with Our Legal Team Today
If you are injured in an automobile accident, contact our Pennsylvania law firm for legal assistance in filing your tort claim. The legal process for recovering compensation can sometimes be complicated, and you want to ensure that you recover the maximum amount for your injuries and other losses, regardless of your chosen insurance coverage.
Hopefully, we have helped explain some of the differences between full and limited tort insurance and provided some insight into why full tort insurance is generally believed to be superior, while illuminating some exceptions to the limited tort rules. If you have any additional questions or concerns, please get in touch with our law office to schedule a free case review with our attorneys.
You can reach our Philadelphia law office by phone at Call Now.
