Whether your state follows an at-fault or no-fault insurance system will dictate which damages you can recover after a car accident and which insurance company you will file your claim with. Here, we discuss the various types of insurance systems and provide information on Pennsylvania’s system so you’ll know what to do after an auto accident.
What Is an At-Fault Insurance System
Most states follow an at-fault insurance system. In these states, the driver found at fault for the accident is responsible for paying for the damages they caused through their negligence.
They may be responsible for paying for the victim’s:
- Medical bills for emergency medical care, hospital stays, surgeries, ambulance rides, and diagnostic tests
- Ongoing medical treatment, rehabilitation, and therapy
- Lost wages for time missed from work for seeking medical treatment and recovering
- Property damage repair bills or replacement costs
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
Typically, the accident victim will seek payment for their damages by filing a claim with the at-fault driver’s liability insurance provider. If the victim’s damages exceed available insurance coverage, they may turn to their own insurance, file a personal injury lawsuit against the at-fault driver, or look for other paths for compensation.
What Is a No-Fault Insurance System?
In no-fault insurance systems, drivers typically turn to their own insurance for coverage, regardless of who is at fault. Each driver seeks payment for the damages they sustained under their own insurance policy. Drivers cannot generally sue the other driver unless certain exceptions exist, such as they suffered a serious injury or sustained damages that exceed a certain threshold.
No-fault insurance may not provide benefits for pain and suffering or other non-economic damages.
Pennsylvania’s Insurance System
Pennsylvania operates under a somewhat hybrid insurance system, known as full or limited tort.
What Liability Insurance Are Pennsylvania Drivers Required to Carry?
All drivers are required to maintain liability insurance in the following minimum amounts in Pennsylvania:
- $15,000 for bodily injury for one person injured in an accident
- $30,000 for bodily injury for more than one person injured in an accident
- $5,000 for property damage
Liability insurance covers the damages a driver causes to someone else due to their negligence.
What Is the Difference Between Full and Limited Tort Insurance?
Drivers select whether they will have full tort or limited tort insurance when they purchase auto insurance.
With full tort insurance, they can file a claim against the at-fault driver for the full extent of their losses, including pain and suffering.
For limited tort insurance, the injured party can only recover pain and suffering damages if they suffer a serious injury as defined by law, or if the case meets one of the limited exceptions.
What Are Possible Exceptions Under Limited Tort Policies?
The following situations may allow for coverage under limited tort policies:
- They were injured in an auto accident caused by a drunk driver, and the driver is convicted of driving under the influence or accepts Accelerated Rehabilitative Disposition.
- The at-fault driver was uninsured or did not have the required minimum liability insurance listed above.
- The car of the at-fault driver was registered in another state.
- The injured party was a passenger in a commercial vehicle (such as a taxi, Uber, or bus), motorcycle, or other vehicle that is not considered a “private passenger vehicle” under the law.
- The injured party was a pedestrian or bicyclist.
Whether you have limited tort or full tort insurance, you will still file your claim against the at-fault party. The designation of your insurance dictates which type of damages you can recover, not from whom you recover them.
What if I Suffered a Serious Injury and Have Limited Tort Insurance?
Perhaps the most significant exception to the limited tort’s prohibition on recovering pain and suffering damages is if you suffer a serious injury. Pennsylvania law defines a serious injury as one “resulting in death, serious impairment of body function or permanent serious disfigurement.”
What Factors Determine if an Injury is Serious?
When considering whether an injury is “serious,” courts consider factors including:
- The extent of the impairment
- The particular body function that was impaired
- The duration of the impairment
- The type of medical treatment required to correct the impairment
An injury can be classified as a serious injury when it substantially impairs body function and is clearly documented.
An experienced car accident lawyer can help build your claim by assembling medical records that help demonstrate the seriousness of your injury, working with your medical team to better understand your injuries, and having medical experts testify about your injuries.
Contact the York Car Accident Attorneys at Marzzacco Niven & Associates for Help Today
If you’d like a better understanding of your specific situation and legal rights based on your insurance and the circumstances, speak to an experienced York car accident lawyer about your case. Contact Marzzacco Niven & Associates to discuss your legal options during a free consultation.