Is PA a No-Fault State for Car Accidents?
The laws for auto insurance in Pennsylvania may be more confusing than in other states. Where some states are either at-fault or no-fault, Pennsylvania allows drivers to choose between these options when buying car insurance.
That means it’s only a no-fault state for car accidents if you purchase no-fault insurance.
Understanding Pennsylvania’s No-Fault Rules
When you’re buying auto insurance, the law requires you make a choice between limited tort (no-fault) or full tort (at-fault). With a no-fault policy, you will not be able to file a lawsuit to recover compensation if you are in a car accident. Instead, you’d file a claim with your own insurer, even if you didn’t cause the crash.
Your own insurance would then pay for your medical bills in the event that you sustain injuries in the accident. You can also collect lost wages if you miss work due to your injuries. However, you will not be able to seek damages for pain and suffering or emotional distress, even in situations where the other driver was completely to blame. According to Ogg, Murphy & Perkosky, there are certain criteria for your injuries that may make it possible to sue, despite having no-fault insurance.
Most people choose the no-fault option for insurance in Pennsylvania because it is much less expensive. The lower premiums offered for this type of coverage are easier to afford. Insurance is something you need to purchase as a driver, and many people want the most affordable option. This means you will have limitations on what you can be compensated for in the event of an accident.
If you choose to buy an at-fault or full tort policy, you won’t have these limitations. This means that you can file a lawsuit against the other driver to recover your compensation. The at-fault driver would then pay for your medical expenses and lost wages.
Exceptions for No-Fault Insurance and Lawsuits
No-fault coverage may be enough for those in minor crashes. But when it comes to a serious accident, you will be limited in terms of compensation. Still, there are exceptions that will allow you to collect compensation for non-economic damages if certain conditions are met.
These conditions are based on the severity of your injuries. If you were disabled or disfigured in the crash, you may file a lawsuit. It all depends on what is defined as a serious injury in your policy for other exceptions as well.
How Do You Choose Insurance in Pennsylvania?
When you are buying auto insurance or renewing it, you will be asked to choose from these tort options. Not making a selection automatically defaults to the at-fault or full tort option.
In other words, the default for auto insurance in the state is the at-fault insurance. Many drivers often see the price options for insurance and go with the one that has the lowest premium. There’s nothing wrong with doing this. However, you should understand the rights you give up in the process. Even with no-fault policies, you can sue, but you’ll likely want an attorney to help you ensure you get what’s fair for your injuries.