Pennsylvania is one of about a dozen states that has a no-fault auto accident policy, but it is a little different from other no-fault states because there is a choice available between policy types. In most no-fault states you claim for injury compensation from your own insurer, even if you were injured by another driver.
There is no legal way you can file a personal injury claim against an at-fault driver unless your injuries are serious. This is still the case in Pennsylvania but is only one of two possible choices.
If you choose the cheaper ‘limited tort’ option, you are limited in what you can claim for. Non-monetary payments such as pain and suffering cannot be claimed for, for instance. The more expensive ‘full tort’ policy allows you to claim as much as is possible from the at-fault driver, including non-monetary amounts and damage to your vehicle.
Pennsylvania Auto Liability Insurance Rules
Like other states, Pennsylvania makes it compulsory for all registered drivers in the state to have liability insurance. This is insurance which can be used in the event that you hit someone else and hurt the occupants and/or damage their property. The state rules stipulate a minimum for both bodily injury liability and property damage liability, but you can increase the amounts you are covered for by paying more to your insurance provider.
The minimum amounts of liability insurance you need to have are:
- $15,000 per person who is injured in an accident caused by you;
- $30,000 per accident in an accident caused by you;
- $5,000 per accident for damage to property including a vehicle caused by you.
Note that apart from the property liability component, the other amounts may only be needed if the person(s) hurt had full tort coverage and/or were seriously injured and decided to sue you as they expected to obtain more compensation than what they might obtain using their own PIP insurance. It pays to pay a little more to your own insurer to make sure you are covered for potentially much higher claims against you.
PIP Insurance Provisions in Pennsylvania
Personal injury protection (PIP) insurance is intended mainly for medical benefits. The state minimum cover you need to hold to be able to legally driver in Pennsylvania is $5,000, which is not very much. This amount also covers anyone else in your vehicle or who lives in your household who is injured regardless of who caused the injury.
As has been already stated above there are two options which you need to choose between when applying for auto insurance in the state. The limited tort option only allows you to claim medical benefits and other monetary expenses like lost earnings unless you have a permanent injury or permanent disfigurement. If this is what has occurred and the injury was caused by another driver, it should allow you to file a personal injury claim against that driver’s insurance policy.
How a PI Lawyer Can Help if Hit in Pennsylvania
If you are wondering whether your injuries allow you to pursue a personal injury claim after an auto accident that was not your fault, you should contact a personal injury attorney to discuss your circumstances. If your policy allows you to file a claim you should use the attorney to help you obtain a fair compensation payment. Fill out the Free Case Evaluation on this page today!
