Pennsylvania Laws

A. Pennsylvania is one of a very few states that uses something called "choice no fault" rules. This means that you can either opt in or opt out of "no fault" rules. You must decide whether you are opting in or out when you buy your insurance - you can't do it after a car accident has happened.
Pennsylvania law requires that you be provided with two options when buying car insurance:

Full Tort
Limited Tort

If you opt for Full Tort, then you are opting out of the no fault system. If you select Limited Tort, however, then you are opting in, meaning you cannot file a lawsuit for most car accident situations. Instead, you will be limited to making a claim with your insurance provider. This claim will cover your medical bills and your lost wages if a car accident injury causes you to miss work. However, it will not allow you to obtain any compensation for pain and suffering or for emotional distress. Limited tort coverage allows you to save some money on your policy at the time when you buy car insurance.

If you opted into the "no fault" system by purchasing limited tort insurance, you are restricted from suing after a car accident. If you purchased full tort insurance, you may sue. You may also make a third party claim against the insurer of the person who caused the accident. If you purchased no insurance at all, then you are also generally able to sue to recover your damages if the other party was at fault.

B. Because Pennsylvania is a no-fault state, it has different requirements for insurance coverage.

Mandatory Coverages

1. Personal Injury Protection (PIP)

Personal injury protection (PIP) coverage is required by all motor vehicle owners at all times. PIP pays up to $10,000 regardless who is at fault for the accident.

The amount paid is 80% of all reasonable expenses for medically necessary medical services; 60% of disability benefits for any loss of wages; 100% of replacement services (e.g., child care, housekeeping, and yard work); and a $5,000 per individual death benefit.

If you are covered by PIP insurance, other parties involved in the accident may not bring a law-suit against you except in cases of:

(1) Significant and permanent loss of an important bodily function;
(2) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement;
(3) Significant and permanent scarring or disfigurement; or
(4) Death.

However, a party may sue for economic damage not covered by PIP, such as the 20% of medical bills not covered by PIP and amounts that exceed the $10,000 limit.

Optional Coverages:

1. Collision Coverage: This coverage is optional, and pays you for any damage done to your vehicle. You pay up to the amount of your deductible limit and then your insurance will cover the remainder. A higher deductible will give you a lower premium. If the accident was not your fault, your insurance company should demand your deductible back from the responsible party and then return the deductible to you.

2. Under-insured Motorist Coverage: UIM coverage only applies if you are injured, it wasn’t your fault, and the other party didn’t carry enough insurance to adequately compensate you for your injuries. Typically this coverage comes into play when the responsible party had a minimum policy of 15/30 and your injuries are sufficiently serious to exceed that amount.

Serious injury is defined as a personal injury resulting in death, serious impairment of a bodily function or permanent serious disfigurement.

Pennsylvania automobile accident victims and survivors may sue for damages from the other parties involved in the accident when:

The victim has died,
The victim suffers a permanent and serious disfigurement,
A bone is fractured,
The loss of one of the senses such as sight, taste, hearing or smell,
A limb has been lost,
Medical expenses equal or exceed $2,000
If the person responsible for your injuries does not have insurance coverage or their coverage does not sufficiently provide for your damages, you may be entitled to collect uninsurance or underinsurance.

IIHC will refer you to a lawyer who will help you get your insurance claim money in a timely manner throughout Pennsylvania cities and counties, including: Camp Hill, Carlisle, Chambersburg, Gettysburg, Juniata, Lancaster, Lebanon, Lewisburg, Lewistown, Mechanicsburg, Northumberland County, Palmyra, Perry County, Pottsville, Shippensburg, State College, Sunbury, and York.

Pennsylvania

Pennsylvania Laws

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