Is Pennsylvania a No-Fault State?
Pennsylvania is a no-fault state for car accidents, meaning that each party must first turn to their own insurance for their medical expenses, regardless of who is at fault. However, fault can become a factor if there are damages beyond what’s covered by your insurance policy or if property damage is involved.
After an accident involving damages above insurance limits, it can be challenging to figure out how to get full compensation. An experienced Pennsylvania car accident lawyer can help you review your insurance options and determine if you can file a lawsuit against the at-fault driver or another party.
The No-Fault Insurance System in Pennsylvania
The insurance claims process can be long and contentious in states that rely on fault to determine who pays after a car accident. In a no-fault state such as Pennsylvania, each party’s insurance pays for medical bills first, regardless of who was responsible for the accident. The no-fault system streamlines the claims process and makes it easier to cover your medical treatment quickly.
Your first-party insurance coverage, also known as medical expenses benefits or personal injury protection, pays these expenses.
Not everyone is covered by first-party benefits. For example, motorcycle riders in Pennsylvania are not eligible to collect these benefits for their medical bills and must turn first to the at-fault driver’s insurance policy.
Auto Insurance Requirements in Pennsylvania
Drivers must carry minimum insurance coverage in Pennsylvania. No-fault benefits protect you, and liability coverage protects others on the road.
Pennsylvania law requires the following insurance coverage:
- $5,000 in no-fault medical benefits insurance to cover the driver and passengers
- $15,000 in liability for the injury or death of one person in an accident
- $30,000 in liability for the injury or death of more than one person in an accident
- $5,000 in property damage liability
You can purchase coverage in amounts above the state minimums, so you are better protected against personal liability in the event of a serious crash. You can also add optional coverage. For example, you can add lost wages protection or uninsured motorist coverage in case an at-fault driver does not have a policy or if a hit-and-run driver caused your crash.
Property Damage and Coverage Limits
Determining who pays for property damage in a no-fault state depends on who caused the accident.
Pennsylvania auto insurance laws and regulations dictate that no-fault insurance applies to bodily injury, not property damage. You can sue an at-fault driver for property damage above that covered by their insurance. Additionally, while the at-fault driver’s liability insurance covers car repairs, you can sue for your car’s fair market value if it was totaled.
Pennsylvania relies on a comparative fault system in car accidents and other types of personal injury claims. If you are 51 percent or more responsible for your damages, you cannot recover damages from another party, either through property damage insurance claims or by filing a lawsuit against the other driver.
Pennsylvania's Limited Tort vs. Full Tort Coverage
If you have damages beyond those covered by your first-party coverage, you might be eligible to pursue a claim against an at-fault driver. However, the damages you can pursue will depend on the type of coverage you have purchased. While all no-fault states require PIP insurance, Pennsylvania is unique in that it requires drivers to choose between full and limited tort auto insurance coverage. These coverage options affect your ability to pursue financial compensation for injuries caused by another driver in an accident once you have exhausted your PIP benefits.
The difference between the limited and full tort options is the damages you can pursue and how you proceed with any claims after an accident.
Limited tort policies are generally cheaper but offer fewer avenues of compensation. With limited tort protection, you cannot claim non-economic damages such as pain and suffering unless you can prove an exception. Some exceptions include having a serious injury or if the other driver was driving under the influence. Under Pennsylvania law, a serious injury is one resulting in “death, serious impairment of body function, or permanent serious disfigurement.”
If you elect full tort coverage, you can pursue recovery of all damages not covered by your first-party benefits, including pain and suffering and other non-economic losses. Given treatment costs, you may find yourself in an untenable financial position if you choose limited over full tort coverage and have a serious accident.
“The amount of money that you save from limited to full tort is not worth the headache in the end. The difference between full tort and limited tort is just limitation on pain and suffering. You have to get over certain thresholds, and there are exclusions. At the end of the day, limited tort is not worth the money that you save because you're just putting up barriers for you to get that treatment that you need, that future care that you need, and the right compensation.”
Recovering Compensation in a No-Fault State
The time after an accident can be confusing and frustrating as you try to calculate all your losses and determine how to recoup them. You may want to seek compensation for damages after a car accident, including the following:
- Current and future medical expenses
- Rehabilitation costs
- Lost wages and future earnings
- Vehicle repair or replacement
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
It can be challenging to address your damages in a no-fault state like Pennsylvania, which also has a limited versus full tort coverage option. Our accomplished car accident attorneys at Cordisco & Saile LLC can assist with navigating issues within Pennsylvania’s no-fault state framework and recovering compensation. We can determine all routes for compensation to ensure you recover all the damages you’ve incurred.
Who Is Responsible for Paying Damages in a No-Fault Insurance State?
In Pennsylvania, you turn to your policy’s first-party benefits for medical bills regardless of who caused your crash. You can also recover lost wages if you have added that optional coverage to your policy. If you did not purchase lost wages coverage, you can pursue it in a claim against the at-fault driver.
If your medical bills exceed your coverage, the at-fault party’s liability insurance covers your damages. The at-fault party is also responsible for property damage. You can only pursue a claim for your non-economic damages, such as pain and suffering, if you have opted for full tort coverage or meet one of the state’s exceptions for limited tort coverage.
If your damages exceed both your and the at-fault driver’s policy limits, an experienced attorney can advise you on filing a lawsuit.
Contact Our Award-Winning Car Accident Attorneys Today
Even a minor car accident can cause damages that exceed the state’s insurance minimums. After a serious crash, you might have to pursue a claim under your insurance, file a claim under the at-fault party’s coverage, and even consider filing a lawsuit for additional damages. But you don’t have to go through it alone.
Our experienced personal injury lawyers have been practicing for over 30 years and have recovered over $100 million for our deserving clients. We know how to navigate insurance policies and the tactics insurance companies use to deny or minimize claims. People come first at Cordisco & Saile LLC, and we will never stop fighting for you as you recover from your accident.
Contact our Pennsylvania car accident lawyers for a free consultation by calling 215-642-2335 or completing our online contact form.
