Following a car accident in Philadelphia, you may have difficulty navigating the state laws and filing an insurance claim. Unfortunately, vehicle accidents are not rare or uncommon in Pennsylvania. No matter your circumstances, talking to one of Philadelphia, PA personal injury attorneys can help. Before you talk to an attorney, here are key aspects worth knowing about laws in Pennsylvania.
Pennsylvania is a “choice no-fault” state
Unlike most states, which follow an at-fault system, Pennsylvania is a “choice no-fault” state. This means that drivers can either buy full-tort or limited-tort coverage. Think of this as more of a hybrid system. Drivers can decide on whether they want pure no-fault coverage or would want a modified no-fault plan at the time of buying the insurance plan. If you had purchased a no-fault plan, you cannot recover anything at all from the other party. You will have to file a claim with your insurer for compensation. So, what happens when you have tort rights but are involved in an accident where the at-fault driver has a no-fault plan? In such circumstances, you cannot sue the other party.
The modified comparative fault rule
Like many other states, Pennsylvania follows a modified comparative fault system. This means you cannot sue the other party, regardless of insurance aspects, if you are 50% or more at fault for the accident. Also, your fault state will determine what you eventually get in the settlement. For instance, if you are 20% at fault and win $20,000 in a settlement from the accident lawsuit, you will only get $16,000 as the final settlement.
The statute of limitations
The statute of limitations in the state allows two years to file a lawsuit after a road accident. If you intend to sue the other party, you have to do so within that period. If you miss the deadline, your lawsuit will be dismissed. If someone was killed in the accident, the family could file a wrongful death lawsuit with the same deadline, except that the clock will start ticking from the date of death and not the accident date. The statute of limitations is not for insurance claims.
Get a lawyer
Since the insurance system and state laws can seem confusing, consider consulting an attorney soon after the accident. Numerous law firms in Philadelphia offer a free consultation for victims of car crashes, and you can get an assessment of your claim.
Apart from that, if you are interested to Know about Car Accident Checklist then visit our Automobile category.
