Pennsylvania Is a “Choice No-Fault” State

Pennsylvania requires that drivers choose what type of car insurance they carry. The wrong choice can affect your ability to receive compensation for your pain and suffering, often the largest part of any car accident claim. Before you choose which option is right for you, carefully consider that the savings of lower premium choices will likely be small compared to the money you’ll lose if you are ever in a car, truck, or motorcycle accident.

What types of liability insurance must vehicle owners purchase in Pennsylvania?

First, let’s clarify what liability insurance vehicle owners must have. All private motor vehicle owners (cars, trucks, motorcycles, vans, buses, and recreational vehicles) in Pennsylvania must have minimum insurance coverage in the following amounts:

• Bodily injury coverage
  • $15,000 for injury or death of one person in one accident
  • $30,000 for injuries or deaths of more than one person in one accident
• Property damage
  • $5,000 for damage to another vehicle

In Pennsylvania, car owners are also required to purchase “no-fault” insurance benefit coverage for $5,000 or more.

Liability coverage is the amount that your carrier will cover if you cause a vehicle accident. The cautious and prudent approach is to purchase as much liability insurance coverage as you can reasonably afford. The cost of just one night in a hospital can be tens of thousands of dollars. Most cars and trucks are worth much more than $5,000.

What types of insurance coverage can vehicle owners purchase for their injuries in Pennsylvania?

The section above explains the coverage that applies if you are the negligent driver. In this section, we discuss the type of insurance coverage you can buy to protect yourself if you are the victim of a vehicle accident (someone else causes the accident).

Pennsylvania has several types of insurance policies that passenger vehicle accident victims can use to claim compensation for their injuries or the death of a loved one. Generally, the limited option does not apply to commercial trucks, motorcycles, vans, and cars for hire such as Uber and Lyft. Accident victims in these vehicles should have full tort rights.

The limited tort option

This policy provides some (limited) compensation if you, someone in your household who is related to you, a minor in the custody of the named insured, or anyone else covered under the policy are in an accident.

The victim does need to show that another driver caused the accident. Victims are entitled to payment of the following, once the negligence of the other driver is established:

• All medical expenses for ER care, hospitalizations, surgeries, doctor visits, rehabilitative therapy, and other medical care.
• All income and benefits losses because the victim can’t work due to their injuries from the accident.
• Other out-of-pocket expenses including vehicle damage.

A victim can file a claim for pain and suffering and other noneconomic damages including loss of consortium and scarring and disfigurement if their injury is “serious.” The definition of “serious” depends on the insurance policy.

Generally, “serious” means:

• The accident was fatal (you can file a wrongful death claim)
• Your bodily function is seriously impaired
• There is a permanent and serious disfigurement

Some of the factors that determine whether an injury is “serious” include the length of time the injury is expected to last, the body part affected, the types of treatment required (for example, surgery), and how many medical visits are necessary.

The full tort option

This policy provides the same coverage as the limited tort option (medical expenses, lost income, and out-of-pocket expenses. The full tort option also includes pain and suffering and any other noneconomic damages such as scarring and disfigurement and loss of consortium (enjoyment of marital relations).

The victim does need to prove that another driver caused the accident. The pain and suffering amount compensates victims for all their aches, pains, worries, anxiety, and depression – for every day the victim hurts. Coping with the trauma of physical pain and emotional suffering can be quite unbearable.

Exceptions to the limited tort option

Victims of vehicle accidents who only have limited tort coverage can seek full tort damages in the following situations, according to Pennsylvania law:

• The driver who caused the accident is convicted of driving under the influence of alcohol or a controlled substance – or accepts a pretrial probation program called Accelerated Rehabilitative Disposition (ARD)
• The driver who caused the accident is registered to drive in another state
• The driver who caused the accident does not have the minimum liability insurance coverage
• The accident was due to a defective vehicle part
• Other statutory conditions

If a hit-and-run driver causes your accident, you can file a full tort insurance claim through your own uninsured/underinsured insurance policy – if the driver can’t be found. Your UM/UIM policy generally provides the same coverage as your liability insurance policy.

Generally, limited tort coverage is less expensive than full tort coverage.

What is no-fault insurance?

The limited and full tort policies apply if another driver causes your accident. As we mentioned above, all drivers are required to buy no-fault coverage for $5,000 or more. No-fault coverage pays a vehicle accident victim’s medical bills for anyone covered by the policy. It may also pay a portion of a victim’s income loss depending on the terms of the policy.

“No-fault” means that the eligible victim does not have to prove another driver is responsible for the accident. You can receive this coverage even if you caused the crash.

Related insurance issues for accident victims

It’s advisable to purchase collision and comprehensive insurance. Collision insurance pays for the damage to your car, truck, or other personal vehicle even if you cause the accident. Comprehensive insurance pays for the damage to your vehicle due to theft, fire, and natural disasters.

Never assume that you can’t file a full tort claim if you only have limited tort coverage. Your injuries or the circumstances of the accident may entitle you to file a full tort claim. To discuss your no-fault, limited tort and full tort rights, call us or complete our contact form to schedule a free consultation.