Pennsylvania Car Accident Compensation Laws

Regardless of where you live in Pennsylvania, there's a chance you'll get into an auto accident. You could travel the busy streets in Philadelphia or the winding lanes near Harrisburg when tragedy strikes. If you aren't familiar with Pennsylvania's car accident compensation laws, you may jeopardize your chances of recovery.

This article explains the laws affecting your Pennsylvania car accident, including what to do after a car crash, state compensation laws, and the time limits for filing your car accident claim.

What Should You Do After an Accident?

There are specific steps you must take after your motor vehicle accident if you want to preserve your injury claim. Your car accident lawyer will need evidence to prove the at-fault driver is liable for your personal injuries.

Here is a list of what to do immediately after your car accident:

• Never leave the scene of the accident. Not only will this ruin your chances of recovering financial compensation, but it's also against the law. If you don't stick around until the police arrive, the state can charge you with hit-and-run.
• Call 911. You must call the Pennsylvania State Police or the local police. They'll dispatch an officer to the scene and an ambulance to help people with serious injuries. While there, the police officer will do a thorough investigation and put their findings in a written report. Your car accident attorney will need a copy of the police report to prove your case.
• Move to safety. After you've called the police, move your car and its occupants out of traffic and check to see if anyone is hurt. Provide first aid to any car accident victims with bodily injuries.
• Exchange information. You'll need the other driver's insurance information, name, and phone number. Ideally, the police will get this information from the driver. But, if they don't wait for the police to arrive, you'll have no way of tracking them down later.
• Take pictures and videos. Take photos and videos of the scene with your cell phone if possible. If there are any witnesses, ask them if they'll give you their contact information. Speak to nearby businesses or homeowners and ask for a copy of their security camera footage.
• Call your car insurance company. Notify your insurance company of a possible car accident claim. If you wait too long to file your insurance claim, the adjuster will deny it for being untimely.
• Go to the emergency room. You must see a doctor even if you don't think you're hurt. Your personal injury attorney must submit medical records to hold the at-fault party liable for your medical bills. If you don't go to the hospital, recovering your out-of-pocket medical expenses will be nearly impossible.

Ideally, the other driver's liability insurance or your own insurance policy will cover your losses. If not, you may need to file a personal injury case against the at-fault driver directly.

Pennsylvania Car Accident Compensation Laws: At a Glance

Below is a table outlining critical sections of the Pennsylvania car accident laws. 

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, conduct legal research to verify your state laws.

Economic vs. Non-economic Damages

You can demand two main types of damages in your car accident lawsuit: economic and non-economic. Economic damages are the objective losses from your car crash. Non-economic damages are the intangible losses you suffer, such as emotional distress and the loss of spousal companionship.

Economic damages typically include:

• Property damage (vehicle repairs or replacement)
• Medical expenses and future medical treatment
• Lost wages and lost future income

Non-economic damages can include:

• Pain and suffering
• Emotional distress
• Loss of affection or companionship

When your attorney files your car accident case, they must make a demand for damages. They must also submit evidence supporting these damages.

Pennsylvania's 'Choice No-Fault' Coverage

Pennsylvania is one of a handful of states that follows the choice no-fault rule. This rule allows drivers to carry no-fault or traditional insurance. With no-fault (limited tort coverage), you can recover economic damages regardless of who was at fault in the accident. But you can't sue the other driver or file a claim with their insurance company.

Traditional insurance (full tort coverage) gives you the unrestricted right to sue the other driver for economic and non-economic damages.

When you buy your auto insurance policy, you must choose between the two types of tort insurance. Be careful to select the right kind of coverage, or you may not have the right to sue regardless of how severe your injuries are.

Pennsylvania's 'Comparative Negligence' Rule

Pennsylvania follows the modified comparative negligence rule. Under this rule, plaintiffs can still sue for damages even if they're partly at fault for their accident. Pennsylvania law allows you to sue if you're less than 51% at fault. The court will dismiss your claim if you're more than 50% at fault.

The comparative fault rule also limits how much you can recover. The court will reduce your award by your percentage of fault. So, if you sue somebody for $100,000 and the jury finds you to be 20% at fault, the judge will reduce your damages by $20,000.

Limits on Damages in Pennsylvania

Pennsylvania courts have held that limiting the amount of money a plaintiff can recover in a personal injury lawsuit is unconstitutional. The only exceptions are cases involving the Commonwealth of Pennsylvania and local governments.

Plaintiffs who sue the state or local governmental agencies can't recover more than $250,000 and $500,000, respectively.

Also, Pennsylvania's statute of limitations requires that you file your personal injury claim within two years of the date of the accident. If you file your lawsuit after this date, the judge will dismiss your complaint, and you'll lose your chance of recovering damages.

Get a Claim Review from a Pennsylvania Attorney

Pennsylvania's choice no-fault and comparative negligence rules can make navigating insurance claims and lawsuits confusing. To protect your potential legal claim, talk to a Pennsylvania car accident lawyer as soon as possible after the crash for good legal advice.