A car accident can be a traumatic experience. It can leave you with severe injuries and substantial financial burdens.
Non-economic damages can also include pain and suffering, loss of enjoyment of life, and a reduced quality of life. However, it’s important to understand how Philadelphia car crash laws work before filing a claim.
No-Fault Insurance System
In no-fault states, drivers are responsible for paying their own medical bills and other damages resulting from a car accident, regardless of who was at fault. This is a contrast to traditional at-fault or tort systems, which typically require the driver who caused the crash to pay for everyone’s injuries and property damage. No-fault insurance systems are becoming more prevalent in the United States because they allow victims to obtain immediate financial assistance without needing to prove fault or negligence. Typically, victims will file a claim with their own car insurance company or with the at-fault driver’s insurer for compensation.
Pennsylvania is a no-fault state but it also allows vehicle owners to opt out of this system when they purchase an auto insurance policy. Choosing the “full tort” insurance option gives car accident victims unrestricted rights to sue the at-fault party for pain and suffering and other non-monetary damages resulting from an accident, in addition to recovering out-of-pocket expenses and lost wages. Full tort coverage is typically pricier than the limited tort option, but it can provide more options for seeking fair compensation following a car accident.
Regardless of which type of coverage a driver chooses, they are required by law to carry personal injury protection (PIP) coverage that can cover some of their medical expenses after an accident. To pursue compensation for a collision, a victim must first file an insurance claim with their own insurer, which will normally request documentation to support the extent of their injuries and any monetary losses incurred as a result of the incident.
The at-fault party’s insurance company will then review the claim and determine whether it is valid. If the claim meets certain criteria, such as the severity of a victim’s injuries or the fact that their loss in quality of life has been significant, they may be required to provide additional compensation to a claimant.
As with any major legal issue, it is wise to consult and learn your rights from a skilled car accident lawyer in Philadelphia before filing an insurance claim or pursuing a lawsuit against another motorist. They can help you better understand how Pennsylvania’s no-fault and comparative negligence systems impact your case and work to get you the compensation you deserve.
Comparative Negligence
Car accident injury lawsuits often require an extensive amount of evidence and expert testimony in order to establish a victim’s damages. These may include past and future medical bills, loss of earnings, property damage, and other non-economic losses. A qualified Philadelphia car accident attorney can help prove these expenses in order to receive the maximum compensation available for your claim.
The doctrine of comparative negligence is a legal principle that allows injured parties to recover damages even if the jury determines they are partially at fault for their injuries. This is in contrast to the older and more stringent doctrine of contributory negligence that bars plaintiffs from recovering damages if they are found responsible for their injuries in any way.
Currently, most states in the country operate under some form of comparative negligence law. Some states use a pure comparative negligence rule, which allows injured parties to receive compensation reduced by their percentage of fault. For example, if Brian hits Abby with his car while she is crossing the street, and the jury awards her $100,000 in damages, she will receive $70,000 because she was 30% at fault for the accident (Brian’s contribution to the accident being 70%).
Other states utilize a modified version of comparative negligence known as proportionate responsibility. This rule allows injured parties to recover damages as long as they are not 50% or more at fault for their injuries (Texas Civil Practice and Remedies Code SS 33).
A handful of states still adhere to the traditional or pure contributory negligence rule, which bars an injured party from collecting any damages if they are even 1% at fault. These states include Texas, Florida, and New York.
In Philadelphia, car accident injury cases are heard in the City Hall building. This is a symbol of democracy and the rule of law, and holding trials in this location helps to uphold these values and the dignity of the judicial process.
The City Hall building also houses specialized courts that handle different types of cases, including civil matters like car accident injury lawsuits. This is the best possible venue for a car accident injury trial because it provides the judge and lawyers with specialized knowledge of how to proceed in these types of cases. This gives the injured party the best chance of winning their case and obtaining the maximum recovery available for their injuries.
Limited Tort
Most people rely on their car to get them to work, school, shopping, picking up and dropping off kids and other important daily tasks. So, when you are involved in a car accident it can really disrupt your life. A car crash causes pain and discomfort, medical bills, lost time at work, property damage and other financial ramifications. Fortunately, an experienced Philadelphia accident attorney can help you recover full compensation for your losses. Attorney Edith Pearce has inside knowledge of the auto insurance industry, having previously worked for a major car insurance company. She uses her experience to get you maximum compensation, either through a settlement or trial.
When you purchase an automobile policy in Pennsylvania, you have the option to select “limited tort” or “full tort” coverage. Limited tort limits your rights to seek remuneration for certain damages like pain and suffering, unless you suffer injuries that meet the strict standard of a “serious impairment of body function.”
Insurance companies will try and argue that certain accidents do not qualify as a serious impairment or permanent disfigurement, including whiplash injuries, even though they are debilitating and affect your quality of life. Thankfully, the law is on your side, and juries have historically been sympathetic to injured accident victims.
Philadelphia car accident attorneys at the Walker Firm are well-versed in all the nuances of Pennsylvania’s no-fault auto insurance system. Whether it’s navigating the complexities of filing an insurance claim under PIP or leveraging the full tort option for comprehensive compensation, our team is ready to guide you through your recovery. Contact us today for a free consultation.
Full Tort
In Pennsylvania, you can select either full tort or limited tort on your car insurance policy. With full tort, you retain the right to sue for non-economic damages such as pain and suffering after an accident. However, with limited tort, you are only permitted to recover losses from your accident if the injury meets certain legal thresholds. Although limited tort policies cost less than full tort policies, the loss of a right to sue for a victim’s long-term losses can far exceed any savings on an annual premium. Edith Pearce strongly recommends selecting full tort to ensure that you have the rights you need in the event of an accident.
Let’s say you’re driving to work when another vehicle hits you from behind, causing significant damage to your car and leaving you injured. At first, you’re feeling okay, but after a few weeks your headaches become debilitating and you realize that the collision caused permanent damage to your body. Unfortunately, limited tort will not allow you to file a lawsuit for these damages because your injuries are not severe enough.
When you choose full tort coverage, you have the option to sue for all of your damages, including the right to recover a large sum in compensation for long-term damage. This includes medical expenses that aren’t covered by PIP, property damage, lost wages, and other financial losses. However, if you have limited tort coverage, you can only sue for these damages if your injuries meet specific thresholds such as severe scarring or disfigurement.
In order to obtain the maximum recompensation for your injuries, you need a Philadelphia personal injury lawyer who has deep knowledge of car insurance law. At Fellerman & Ciarimboli, our firm has extensive experience dealing with cases involving both full and limited tort. We understand the nuances of these two coverage options and will help you make an informed decision when it comes to choosing your policy. Contact us today to learn more about how we can maximize your compensation, either through settlement or trial. We represent clients throughout the region and the country.