You have several options to get compensated for a car accident in Pennsylvania. This depends on who caused the crash, the type of insurance you opted for, and other factors.
Everyone who suffers injuries in an accident in Pennsylvania will file a claim based on their own medical benefits coverage. Then, the victim may be able to hold the at-fault driver liable for their other losses. Depending on the victim’s insurance policy, they may also be able to recover pain and suffering damages from the at-fault driver.
Filing a Claim Based on Your Medical Benefits Coverage
Pennsylvania requires drivers to have medical benefits coverage to pay out for the treatment of their injuries after relatively minor car accidents. This covers the driver’s medical care up to the limits of the policy, regardless of who caused the crash or other factors. With this policy, you may be able to get several thousand dollars quickly to pay for your medical bills.
Filing a Liability Claim for Economic Losses
If the other driver caused your accident, you can file a liability insurance claim with their auto insurance company. When we handle these cases for our clients, we can negotiate to obtain a fair settlement agreement with the insurer to cover our client’s economic losses. This often helps us recover the payout our clients need without going to court.
Getting Pain and Suffering Damages
While anyone who suffered financial losses because of a Pennsylvania car accident can file a third-party liability insurance claim, there are limited circumstances when you can recover noneconomic damages such as pain and suffering. This includes:
- If you opted for full tort insurance; or
- If you suffered injuries deemed “serious” under PA law; or
- If you meet another exception to the limited tort laws
Our car accident lawyers can help you understand if you meet one of these qualifications, and help you get the compensation you deserve.
Filing a Pennsylvania Personal Injury Lawsuit
When we try to collect compensation for the expenses and losses you suffered in a Pennsylvania car accident, the other driver’s insurance company does not always cooperate. It may deny our claim, refuse to pay out a fair settlement, or dispute whether we have the right to request pain and suffering damages. When this occurs, our best bet to recover the money you need might be to file a personal injury lawsuit in civil court.
We generally only have two years to file a personal injury lawsuit after a Pennsylvania auto accident. For that reason, we need to get started quickly so we can collect evidence and build a strong case against the driver. Only then can we try to file our insurance claim and learn if a lawsuit is going to be necessary.
Damages Available in a PA Car Accident Case
Every car accident and the injuries that occur are different, so it is impossible to tell you how much you can recover by filing an insurance claim — or multiple claims — in your case. However, by understanding the types of damages available, you can begin to see the full range of ways your car accident impacted you financially. In general:
Your Medical Benefits Coverage
When you file a claim based on your medical benefits coverage, it pays out for:
- Your medical care, up to the policy limits
A Claim Against the At-Fault Driver for Economic Damages
When we file an insurance claim against the at-fault driver, we will request compensation for a wide variety of economic damages you suffered. This includes:
- Medical bills your medical benefits coverage did not pay
- Lost wages for time missed at work
- Diminished earning capacity if you cannot return to work
- Repair or replacement of your vehicle
- Other expenses directly related to the accident
A Claim Against the At-Fault Driver for Noneconomic Damages
If you carry full tort coverage, suffer serious injuries, or meet another exception to the limited tort laws, we can attempt to recover noneconomic damages for you as well. This includes:
- Pain and suffering
- Mental anguish
- Other emotional damages
Talking to a Pennsylvania Car Accident Attorney About Your Case
If you have questions about your right to compensation or need help navigating Pennsylvania’s choice no-fault auto insurance system, the team from Cordisco & Saile LLC is ready to go to work for you. Our Bucks County personal injury lawyers understand the state’s car accident laws and the process we must manage to try to recover the compensation you need. We offer free consultations.
Call us today at 215-642-2335 to schedule your complimentary consultation with a member of our team.