Can I Sue for a Car Accident in Pennsylvania?
You can sue for a car accident in Pennsylvania if your case meets certain criteria. You must first turn to your own personal injury protection or PIP coverage for your medical bills and lost wages, no matter who’s at fault. However, you may be eligible to sue an at-fault party for your additional damages, depending on the severity of your injuries and the coverage option you’ve selected.
Pennsylvania’s car accident laws can be complex. Cordisco & Saile can help you understand how they apply to your case. Our car accident lawyers are ready to explain whether you have a valid auto accident lawsuit and start taking legal action. Contact us today for a free consultation.
When Can You Sue for a Car Accident in Pennsylvania?
You may only sue for a car accident in Pennsylvania if someone else is liable for the accident. Liability means another party is responsible for causing the accident and your injuries. They may be liable for damages if they were negligent. To prove negligence, you must show the following:
- The other driver had a duty of care to operate their vehicle safely and prevent harming others on the road. All drivers owe other road users this duty of care.
- They breached that duty by driving unsafely, such as driving under the influence of alcohol or texting while driving.
- Their breach caused your injuries and resulting damages.
If you can prove someone else’s liability, you may have grounds to sue them if your damages exceed your PIP policy’s limits. You may also be required to have suffered “serious injuries” as defined by state law. These options depend on whether you have purchased full or limited tort coverage.
Do You Need a Lawyer To File a Car Accident Claim?
The law doesn’t require you to hire a lawyer to file a car accident claim. However, working with a Pennsylvania car accident lawyer may be in your best interests.
Insurance companies use a variety of tactics to reduce the compensation they pay out. The liable party’s insurance company may try to shift blame onto you, convince you that its first offer is the best you can get, or get you to say something that hurts your case. Insurance adjusters are trained to do this well, and you may not even realize they’re using these tactics against you.
You’re likely entitled to much more money than the insurance company initially offers. You have the right to negotiate a fair settlement. Hiring a lawyer can result in significantly more compensation than you’d get if you tried to handle the case on your own. An attorney can prevent the insurance company from taking advantage of you and seek maximum compensation for your damages.
Pennsylvania’s Car Accident Laws
Pennsylvania is a no-fault car insurance state. It requires all drivers to carry PIP insurance of at least $5,000. This system limits the number of auto accident lawsuits between drivers. Generally, your PIP coverage will pay for your medical expenses and lost wages up to the policy limit, no matter who caused the accident.
Drivers must also carry liability insurance in Pennsylvania. If you are legally at fault for an accident, liability insurance covers the victim’s damages up to your policy limits. Pennsylvania requires drivers to carry minimum liability coverage of $15,000 per person and $30,000 per accident. If you are in an accident caused by another driver, the at-fault driver’s liability insurance might cover any damages not covered by your PIP coverage, such as pain and suffering.
Pennsylvania also requires drivers to choose between limited and full tort coverage when buying car insurance. This decision impacts how you can pursue additional compensation beyond what PIP covers.
Limited tort coverage restricts your right to file a liability claim unless the injury is considered “serious.” Under state law, serious injuries are those resulting in “death, serious impairment of bodily function, or permanent serious disfigurement.” Full tort coverage allows you to file a liability claim regardless of the injury’s severity.
Who Can Be Liable for a Car Accident?
Anyone who caused the car accident may be liable for your injuries, including:
- Another driver who drove recklessly
- The owner of another vehicle, if improper maintenance caused the accident
- A vehicle parts manufacturer, if a defective or dangerous product caused the accident
- Another driver’s employer if their employee caused the accident while performing work-related duties
- A government entity that failed to perform proper road maintenance or approved unsafe road designs
- A bar or restaurant that over-served alcohol to the driver who caused the accident
- A mechanic who negligently repaired or maintained the vehicle involved in the accident
Many car accidents result from a chain of events involving multiple parties. As a result, more than one party may be liable for your injuries.
What Damages Can I Recover in a Pennsylvania Car Accident Lawsuit?
The type of compensation you can recover depends on your case’s circumstances. If your injuries are severe, you may be eligible for compensation for any losses you suffer from the accident.
The compensation you recover may include economic damages, which are financial damages with a clear dollar value. Common economic damages available in car crash lawsuits include the following:
- Past and future medical expenses
- Lost wages for time missed from work due to the accident and recovery
- Lost earning capacity for the injury’s long-term effects on your ability to work
- Disability-related expenses, such as home and vehicle modifications
- Property damage, such as vehicle repair or replacement
You may also be eligible for non-economic damages. These are subjective losses that reflect the injury’s effects on your quality of life. Examples of non-economic losses include the following:
- Pain and suffering
- Emotional distress
- Loss of consortium or enjoyment of life
- Scarring and disfigurement
Rare cases also qualify for punitive damages. These damages are only available if the at-fault party’s conduct was malicious, wilful, wanton, outrageous, or showed reckless indifference to the rights of others. They’re intended to punish the at-fault party rather than compensate you for specific damages.
How Long Do You Have To File a Car Accident Lawsuit in Pennsylvania?
Under Pennsylvania’s personal injury statute of limitations, you must file a motor vehicle accident lawsuit within two years of the accident. If you miss this deadline, you may lose your right to seek compensation.
There are some exceptions to the statute of limitations. This includes claims involving injured minors and cases against government entities. However, these exceptions are rare. It’s best to contact an attorney quickly if you think you have a case—this allows you to avoid missing the filing deadline and prevent evidence from fading.
Can You Still Sue if You Were Partially at Fault for the Accident?
You may have the right to sue if you’re partially at fault for the car accident. Pennsylvania’s modified comparative negligence law allows you to recover damages if you’re not more than 50 percent at fault for the accident.
However, the court will reduce your compensation in proportion to your share of the fault. For example, if your case is worth $100,000 but you’re 30 percent at fault, you’ll receive $70,000.
How Our Lawyers Can Help With Your Car Accident Lawsuit
You’re dealing with enough after a car accident. Our attorneys can handle the legal details while you focus on your recovery. We’re here to guide you through each step of the legal process, starting with a free consultation. Here, we’ll assess your situation and explain your options.
If you choose us to fight for you, we will not take that lightly. We’ll thoroughly investigate the accident to determine who’s liable. We’ll gather all the evidence of negligence, such as witness statements, police reports, dashcam footage, and photos of the accident scene. We’ll also use evidence to determine your case’s value.
Once we’ve built a strong case, our attorneys will file a demand letter with the at-fault party’s insurance company. This letter states the damages you’re seeking and the evidence supporting them. We’ll then negotiate with the insurance company on your behalf. If the insurance company refuses to offer a fair settlement, we’ll take your case to court.
Our attorneys understand Pennsylvania’s complex legal system surrounding car accidents. We have extensive experience navigating the state’s laws to seek maximum compensation for our clients. When you turn to us, you’ll have a team of dedicated legal professionals by your side, fighting for your rights and best interests.
Call Today for a Free Private Consultation
At Cordisco & Saile, we’ve won over $100 million for injured people and their loved ones. We don’t back down when insurance companies try to lowball our clients. Instead, we aggressively pursue the full and fair compensation you deserve.
Our nationally recognized team of attorneys is ready to fight for you if someone else’s negligence caused your car accident injuries. Find out if you can sue for your car accident in Pennsylvania today.
Contact us online or call 215-642-2335 for a free consultation.
