A car accident is stressful, especially when dealing with injuries, bills, and insurance. Pennsylvania’s no-fault insurance law can make it more confusing, leaving you unsure about securing fair compensation. Despite the law’s limits, there are ways to fight for a larger settlement. The first step should be to speak with a car accident lawyer in Philadelphia to explore your options.
Understanding Pennsylvania’s No-Fault Insurance Law
Pennsylvania operates under a no-fault insurance system, which can make it harder for accident victims to sue for damages. Under this law, your own insurance company will cover your medical bills and some out-of-pocket expenses, regardless of who caused the accident. This type of coverage is commonly referred to as Personal Injury Protection (PIP).
While PIP can be helpful for covering immediate medical costs, it has its limits. If your injuries are severe, or if your expenses exceed the PIP coverage, you may still be left with significant costs. The no-fault system also restricts your right to sue the negligent party unless your injuries meet specific criteria, such as permanent disability, serious disfigurement, or death. Fortunately, there are ways around these restrictions, especially with the help of a skilled car accident attorney.
Choosing the Right Insurance Option
One way to protect yourself is by understanding the difference between Pennsylvania’s “limited tort” and “full tort” insurance options. When purchasing car insurance in Pennsylvania, you are able to choose between these two types of coverage.
- Limited Tort: This option is cheaper, but it limits your ability to sue for non-economic losses, like pain and suffering, unless your injuries meet certain requirements.
- Full Tort: Full tort coverage costs more, but it permits you to sue the at-fault driver for a much wider range of damages, including pain and suffering, without meeting strict injury requirements.
If you opted for limited tort coverage, you still have some legal options, but you will face more challenges when seeking compensation. If you chose full tort, your ability to pursue a bigger settlement is much easier. Either way, a car accident attorney can help guide you through this process and maximize your compensation.
Steps to Take for a Larger Settlement
To improve your chances of getting a bigger settlement, you need to take specific steps after your car accident. Every action you take following the crash will influence your ability to get fair compensation.
- Seek medical attention immediately: Even if you feel your injuries are minor, it’s important to be examined by a doctor. Some injuries, like whiplash or concussions, may not show symptoms right away. Proper medical paperwork of your injuries will be essential if you decide to pursue a larger settlement.
- Report the accident to the police: Make sure there is an official record of the accident. A police report can be a very powerful piece of evidence when you file a claim.
- Collect evidence: If possible, gather as much evidence as you can at the scene of the accident. Take photos or videos of the vehicles, the accident scene, and any visible injuries. Get the contact information of witnesses who can support your account of what happened.
- Keep track of your expenses: Record all of your medical expenses, car repair costs, and any other accident-related losses. This information will be incredibly helpful when negotiating with the insurance companies.
When You Can Sue for More Damages
In Pennsylvania, there are situations where you can go beyond the no-fault system and sue the at-fault driver for additional damages. To do this, your injuries must meet certain conditions. If your injuries are considered “serious” under Pennsylvania law, you have the right to file a personal injury lawsuit against the negligent party.
Serious injuries may include:
- Broken bones
- Permanent disability
- Disfigurement or scarring
- Significant loss of bodily function
How a Car Accident Attorney Can Help You
Getting a bigger settlement after a car accident in Philadelphia can be tough, especially with no-fault insurance rules. But a seasoned and savvy car accident attorney can help by investigating your case, gathering evidence, negotiating with insurance companies, and going to court if necessary to get you the compensation you deserve.
A lawyer will also help you to fully understand all of your rights and the true extent of your injuries. Insurance companies often push for quick settlements that may not cover all your expenses, but with the savvy and assistance of a car accident lawyer, you can pursue a fair settlement that accurately reflects your losses.
