Best Car Accident Lawyers Pittsburgh, PA Of 2024 – Forbes Advisor – Technologist
With a unique combination of no-fault and fault rules, Pennsylvania has some of the country’s most unusual car insurance and car accident laws. Unlike in other states, how drivers receive compensation after a car accident and whether they can sue the other driver depends on the decision they make when they purchase car insurance.
This system means that Pittsburgh car accident lawyers may need to take very different approaches to car accident cases even when the circumstances surrounding the accidents are similar. The system can also be confusing for drivers because car insurance companies don’t always fully explain the consequences of
choosing limited or full tort insurance.
Pennsylvania Statute of Limitations for Car Accident Cases
The personal injury statute of limitations is a law that regulates how long you have to file a lawsuit after getting injured in a car accident. In Pennsylvania, you can wait up to two years after the date you were injured.
If you are suing for the wrongful death of someone who died in a car accident, the deadline for filing a lawsuit is still two years, but the clock starts when the victim dies, not when they were injured.
Pennsylvania Laws for Car Drivers
As previously noted, Pennsylvania’s laws regarding car accidents are quite different from most other states. Many drivers are not fully aware of how these laws affect them.
Drivers should get clarification from a Pittsburgh car accident lawyer before pursuing a claim. Here is an overview of the key laws that may apply to your circumstances:
- Drivers with full tort coverage are covered by the at-fault driver’s insurance. Injured drivers with full tort coverage have the right to sue the other driver and can freely sue for noneconomic damages like pain and suffering.
- Drivers with limited tort coverage are covered by their own insurance policy. Injured drivers with limited tort coverage are compensated by their insurance company regardless of who is at fault.
- Drivers with limited tort coverage may sue if they meet the “serious injury” threshold. Pennsylvania law allows a driver with limited tort coverage to sue the at-fault driver when the plaintiff has suffered broken bones or permanent injuries.
- Drivers can get partial compensation if they are partially at fault. Pennsylvania uses a modified comparative negligence rule that allows drivers to get partial compensation in a lawsuit if they are less than 51% at fault.
- Drivers must report car accidents. If anyone is injured or at least one vehicle is unsafe to drive after an accident, the accident must be reported to the police immediately. Minor accidents can be reported to the Department of Transportation within five days.
Identifying Fault for Car Accidents in Pennsylvania
Whether it is important to identify who was at fault in a car accident depends on several factors. For example, suppose the insured person has limited tort coverage, and no one was seriously injured. In that case, which driver was at fault will not affect how much money the insured person gets or which insurance company pays.
However, if the insured person has full tort coverage, the at-fault driver’s insurance will cover all compensation, regardless of the severity of any injuries. In that case, it is very important to determine fault. Most car accident lawyers in Pittsburgh will independently investigate and collect evidence rather than trust the investigations of the involved insurance companies.
Finally, if anyone was seriously injured, determining fault always matters. Regardless of the type of insurance policy the injured party has, they have the right to sue the at-fault party for additional relief. These cases often take quite a while to resolve because the interested parties may spend a lot of time proving that a specific individual was responsible.
Even when the fault isn’t important for determining coverage, insurance companies will still attempt to determine who was at fault. Insurance companies can use this information to decide whether to increase the premiums of covered drivers. Typically, only the at-fault driver faces a premium increase.