The Pennsylvania No-Fault Law Explained
Most US states have at-fault insurance laws, meaning that after an auto accident, one driver receives a payout from the other’s auto insurance company. As a consequence, the at-fault driver typically receives little (if any) assistance from their auto insurance company for repairs and medical expenses.
Other states abide by no-fault insurance laws, which means when it comes to insurance payouts, each party goes to their own company for help. Since fault isn’t established in insurance claims in no-fault states, the at-fault driver can recover from the accident.
Is Pennsylvania a No-Fault Insurance State?
PA is a no-fault state and at-fault state. Interestingly, Pennsylvania abides by no-fault and at-fault rules depending on a driver’s insurance. However, this system comes with additional nuances and intricacies that can only be understood by breaking down Pennsylvania’s laws.
Choosing Between No-Fault & At-Fault Insurance
Drivers can pick between two different kinds of insurance coverages, “limited tort” (no-fault) and “full tort” (at-fault). The driver’s decision dictates how an insurance company will payout for an auto accident.
What Is Limited Tort Coverage?
Limited tort insurance is cheaper but more restrictive than full tort coverage. Limited tort coverages often prevent injured parties from filing legal claims, even if they were not at fault.
However, it's called “limited” tort coverage for a reason. If a person has limited tort coverage but is severely injured in an auto accident caused by someone else’s negligence, he or she can seek damages in a lawsuit thanks to limited tort coverage thresholds.
Limited tort coverage thresholds are exceptions in the contracts where the injured can pursue lawsuits if the thresholds are met. For example, some limited tort coverages have thresholds for people who suffer permanent disabilities resulting from auto accidents.
For this reason, anyone severely injured in an auto accident should talk to an experienced Luzerne County personal injury attorney about their case.
What Is Full Tort Coverage?
Full tort coverage is more expensive but is equivalent to insurance options in at-fault states. Drivers can file lawsuits against at-fault drivers and pursue compensation for the full extent of their damages. Full tort coverage removes restrictions and allows injured drivers to pursue punitive damages for any injuries they sustain.
If you or someone you love suffered serious injuries in a car accident, you might have a case for your no fault car accident. If you’d like an experienced Pennsylvania auto injury attorney from Slusser Law Firm to evaluate your claim, give us a call at (570) 405-9953 or send us an email.