If you have had a Pennsylvania car accident, you may wonder what your options are for recovering under the law. Pennsylvania has one of the most confusing systems regarding car accident laws and car accident claims, so it is important to understand what the laws are before you take action to recover your damages after a car accident.
Choice No Fault Laws
Pennsylvania is a choice no fault state. Most states are either no fault states or fault states, but Pennsylvania gives drivers an option when they purchase their car insurance. When you buy car insurance in PA, you can either:
- Opt into the no fault system by buying personal injury protection
- Opt out of the no fault system
Opting Into the No Fault System
If you opt into the no fault system, then you can neither sue or be sued for a car accident in which only minor injuries occurred. If you get into a car accident and you opted into the no fault system, then you must make your claim for personal injury damages from your own insurance company under the personal injury protection (PIP) coverage that you bought. This is true regardless of who was at fault for the accident. You will recover damages for your medical bills and for any lost wages from work you missed because of the accident, but not for pain and suffering.
If your injuries are serious- such as those that are permanent or cause you to be disabled or disfigured- then you can sue the at fault driver, even if you did opt in to the no fault system.
Opting Out of the No Fault System
If you chose to opt out of the no fault system, then you can both sue and be sued in the event of an accident, no matter how serious or minor. You will need to carry liability coverage, so your insurer will pay the bills to defend you in the event of a lawsuit.
Getting Help
Because of the somewhat confusing nature of Pennsylvania's laws, if you get into a Pennsylvania car accident, you need to consult with an experienced car accident attorney as soon as possible. He can help you to read your policy and evaluate your coverage and the nature of your injuries to determine what your best course of action is after the accident.
