Must-Know Facts About Pennsylvania Car Accident Laws
Pennsylvania, also known as the birthplace of America, boasts a significant road network of over 41,600 miles. The massive road network witnesses over 350 daily accidents involving at least three casualties.
As such, it becomes imperative for the citizens to understand the provisions of car accident laws in the state to safeguard their interests in case of an accident. It is pertinent to mention that some car accident cases can be more complicated than others and may require legal consultation.
You must report the accident to local law enforcement.
You must report an accident to local law enforcement in case of any injury or casualty or if the car becomes incapacitated and cannot be driven away from the accident scene. If the police cannot investigate the accident, you must fill out the Driver’s Accident Report Form and file it with the Department of Transportation within five days of the accident.
Alternatively, if the police investigated your case, ensure that you obtain a copy of the police report by making an online crash report request.
Understanding the car insurance system of the state
You can choose between no-fault limited and fault-based full tort insurance in Pennsylvania.
- No-fault ‘limited tort’ insurance allows you to file a claim for medical and other out-of-pocket expenses with your insurance company. However, you cannot file a lawsuit against the driver at fault unless you sustained a serious injury.
- With fault-based full tort insurance, you must file a claim against the driver’s insurance to recover compensation and medical expenses.
Mind the statute of limitations.
The statute of limitations for a car accident in Pennsylvania is two years. The plaintiff must file a claim for damages within two years.
- For cases that do not involve casualty, the claim must be filed within two years from the accident date.
- In case of casualty, the representative of the deceased has to file the lawsuit against the driver at fault within two years from the day the victim lost life.
- The statute of limitations is also applicable to car damage claims.
State’s modified comparative fault rule
If the other driver is entirely at fault for causing the accident, you can expect compensation for lost wages, medical bills, and other damages. However, Things change when you are also partially responsible for causing the accident in Pennsylvania.
As per Pennsylvania’s modified comparative fault rule, if the plaintiff is partially responsible for the accident, the damages may be reduced in proportion to the share of the fault. Also, if the plaintiff’s fault is more than 50%, they lose the entitlement to any kind of compensation.
Additional Considerations
Insurance Claims Process
Navigating the insurance claims process can be complex. Understanding your coverage, gathering evidence, and documenting all expenses and communications related to the accident are crucial steps in ensuring a fair settlement.
Legal Assistance
Given the complexities of car accident laws and the potential for significant financial impact, consulting with a knowledgeable attorney can provide valuable guidance. An experienced lawyer can help you understand your rights, negotiate with insurance companies, and represent you in court if necessary.
Conclusion
Understanding the nuances of Pennsylvania car accident laws is essential for protecting your rights and securing fair compensation after an accident. From reporting requirements to insurance options and the statute of limitations, being informed can make a significant difference in the outcome of your case. If you are involved in a car accident, consider consulting with a legal professional to navigate the complexities and ensure your interests are safeguarded.
