The last thing you want to worry about when you get behind the wheel of a vehicle is that you will be involved in an accident. However, there are times when these incidents do occur, it may be necessary to prove liability in order to recover compensation. At Soloff & Zervanos, P.C., our car accident attorneys in Philadelphia want to discuss what the Pennsylvania statutes say regarding traffic accident liability so you have a good understanding of how you or your attorney will approach these cases.
Pennsylvania is one of a handful of states that uses a variation of a “no-fault” system when it comes to car accidents. This means that, regardless of which driver causes the accident, drivers will turn to their own insurance carrier for compensation for their medical bills and lost wages.
However, the system in Pennsylvania is a little more complicated than most other no-fault systems because this is considered a “choice no-fault” state. When drivers sign up for insurance in Pennsylvania, they have two options to choose from – limited tort and full tort.
Limited tort means that the driver is choosing the no-fault system. By making this choice, a driver will typically not be able to file a lawsuit to recover compensation from an at-fault party. They will turn to their personal insurance carrier for medical bills and lost wages. They will not be able to seek any compensation for pain and suffering or emotional distress damages.
There are some exceptions that allow for a car accident victim to file a lawsuit against an at-fault driver, but only if certain thresholds are met. These thresholds are based on how severe the injury is. Typically, a driver can file a lawsuit if they have limited tort if the at-fault driver causes them to incur a significant or permanent loss of a bodily function or significant scarring or disfigurement.
Full tort means that a driver has chosen the traditional fault-based car accident coverage. In the event they are involved in an accident, they will file a claim against the at-fault driver to cover their medical bills and lost wages. The driver will also have the right to file a lawsuit against the at-fault driver to recover compensation for pain and suffering damages.
If you or a loved one had been injured in a car accident that was caused by the actions of another driver, legal assistance as soon as possible. At Soloff & Zervanos, P.C., our knowledgeable and experienced team has a thorough understanding of the car accident statutes in Philadelphia. Our goal is to recover full compensation for your claim, which can include: