Every driver understands that they are required to carry insurance on their vehicle, at least if they want to remain legal on Pennsylvania roadways. Vehicle insurance is an important component in how we all manage to share the roadways together, particularly when an accident occurs. Here, we want to discuss what Pennsylvania law says about the types and amounts of insurance that drivers are required to carry. Additionally, we want to delve into the “no-fault” aspect of Pennsylvania’s car accident laws.
Pennsylvania is a Choice No-Fault Car Accident State
Pennsylvania operates under a hybrid vehicle insurance system. This is called a “choice no-fault” system, where individuals have a choice to choose between regular full tort insurance or the no-fault system that is less common across the country.
Understanding Limited Tort (No-Fault Insurance)
If a person chooses a limited tort system in Pennsylvania as their car insurance method, they are choosing the no-fault system. What this means is that individuals will turn to their own insurance carrier in the event they are involved in an accident, regardless of which party was at fault.
As the name suggests, limited tort limits a person’s right to get financial compensation if the other driver is at fault. Pain and suffering losses are not available through the limited tort system. There are only a few circumstances where it will be acceptable to pursue compensation from the at-fault driver under the no-fault system. These exceptions include if the injury is considered “serious,” which typically requires a severe impairment of bodily function or permanent and serious disfigurement.
One of the benefits of a no-fault system is that individuals can typically see their claims resolved quicker than if they were using a full tort system and had to file a claim against another driver. Additionally, even if a person is at fault for an accident, they are still entitled to compensation through their no-fault insurance.
Understanding Full Tort
Under the full tort system, this is more like the traditional type of insurance that most individuals have in states across the country. The full tort insurance is a bit more expensive, but it allows the covered individual and their family or household members unlimited rights when it comes to pursuing financial compensation from an at-fault driver. If another driver causes a crash, individuals will be able to file a claim with the other driver’s insurance carrier to recover compensation for medical bills, lost wages, property damage expenses, and pain and suffering losses.
However, if an individual causes their own injuries due to their own negligent driving behavior, they will not be able to turn to their own insurance to recover compensation like they could in the no-fault system.
Uninsured or Underinsured Motorist Coverage
In Pennsylvania, drivers are not required to carry uninsured or underinsured motorist coverage. We strongly encourage all drivers, particularly those who opt into the full tort system, to carry both of these types of coverage to pay for compensation in the event they are struck by a driver with no insurance or a driver with lower limits who may not be able to cover their expenses.
Call a Car Accident Lawyer Today
If you or somebody you love has been injured or sustained property damage in a car accident caused by the actions of another driver, you need to reach out to an attorney immediately. A skilled Philadelphia car accident lawyer can investigate every aspect of your claim, and they will work to obtain the evidence needed to prove liability. An attorney can help you wade through the confusing car insurance laws in the Commonwealth so you can recover the compensation you need.