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All drivers require a certain amount of car insurance coverage before heading out on to the streets. But, some states make it more complicated than others. Due to their full tort and limited tort insurance policies, Pennsylvania has complex laws regarding who is considered at fault for an accident. This article breaks down the question, “Is Pennsylvania a no-fault state for car accidents?” and when’s the right time to pursue a meeting with a Pennsylvania injury lawyer.
The Key Difference Between At-Fault Vs No-Fault
When looking at at-fault and no-fault insurance, the key differences are whether the victim has the right to sue and who pays for the damages. In no-fault insurance, each party’s insurance company compensates for minor injuries and other losses no matter who was at fault.
Most states do not require the victim to prove the other driver is at-fault before the victim receives compensation; this is known as personal injury protection. No-fault insurance gives the victim a limited right to sue. They may sue for non-economic damages such as suffering, pain, or anxiety but only under stipulations.
With at-fault insurance, the insurance pays for the damages according to the fault of each party involved. The driver deemed responsible for the accident is also responsible for the damages of the others involved. When an individual disagrees with the insurance payout, they can file suit for uncompensated damages.
Pennsylvania car accident laws and insurance are unique since they are a “choice” state. In this case, drivers can choose whether they want an at-fault or a no-fault insurance policy. Other choice states include Kentucky and New Jersey.
Who Pays for Car Damage in Pennsylvania?
In Pennsylvania, the most common terminology is full tort and limited tort. Those who select limited tort as their insurance policy limit their right to compensation for injuries and other losses even if another driver causes the accident. They may seek compensation for medical treatment and losses but not for any pain and suffering. The exemption to this rule is if the loss is considered serious such as loss of a limb or death.
Full tort is more expensive than limited tort, but you receive unlimited rights for financial compensation. Full tort includes pain and suffering, even if it isn’t considered serious. If selected, they can opt out of some of Pennsylvania’s no-fault insurance systems.
It should be noted that the limited tort and full tort system only applies to personal injuries and not vehicle damage. The responsibility for vehicle and property damage goes to the at-fault driver.
Still Confused About Pennsylvania No-Fault Insurance Law?
If you or a loved one have been in a car accident in Pennsylvania, you may be entitled to compensation no matter your type of insurance if the injury is considered serious. Consult with the best personal injury lawyer in Philadelphiato see if legal action is a possibility. At Avrek Law, we have worked on over 45,000 cases receiving more than $1 billion for our clients. Our no win no fee policy ensures youonly pay legal fees once your case is won. Schedule a free consultation to meet with one of our lawyers.