How long do I have to file a car accident claim in Pennsylvania?
Pennsylvania has a 2-year statute of limitations for personal injury claims under 42 Pa. C.S. § 5524. The clock starts on the date of the accident. For wrongful death claims, the 2-year period runs from the date of death. Claims against government entities may require a notice of claim within 6 months. Missing the deadline permanently bars your claim.
What is Pennsylvania's choice no-fault system?
Pennsylvania is one of only a few states with a choice no-fault system. When you purchase auto insurance, you choose between: (1) Limited Tort — lower premiums but you can only sue for pain and suffering if you suffer a serious injury (permanent impairment, serious disfigurement, or death); and (2) Full Tort — higher premiums but you retain the full right to sue for pain and suffering regardless of injury severity. This choice is made at policy purchase and affects all occupants of your vehicle.
What is the difference between limited tort and full tort in PA?
Under limited tort, you can recover medical bills and lost wages from your own insurer (PIP), but you can only sue the at-fault driver for pain and suffering if you suffer a serious injury. Under full tort, you can sue for pain and suffering for any injury, no matter how minor. If you have limited tort and suffer a serious injury (surgery, permanent impairment, significant disfigurement), you can still sue. An attorney can help determine if your injury meets the serious injury threshold.
What is the average car accident settlement in Pennsylvania?
Average car accident settlements in Pennsylvania vary significantly based on tort status. Full tort claimants average $35,000–$65,000 for injury claims. Limited tort claimants with serious injuries average $50,000–$200,000. Philadelphia County tends to produce the highest verdicts in the state. Cases involving surgery or permanent disability can exceed $500,000 regardless of tort status.
What are Pennsylvania's minimum car insurance requirements?
Pennsylvania requires: $15,000 per person / $30,000 per accident bodily injury liability; $5,000 property damage liability; and $5,000 first-party medical benefits (PIP). Pennsylvania's minimum limits are among the lowest in the nation — most attorneys recommend carrying at least $100,000/$300,000 in liability coverage.
Can I sue the other driver if I have limited tort coverage in PA?
Yes, if your injuries meet the serious injury threshold. Under Pennsylvania law, limited tort policyholders can sue for pain and suffering if they suffer: permanent serious disfigurement; serious impairment of a body function; or death. Additionally, limited tort does not apply if the at-fault driver was DUI, driving an out-of-state vehicle, driving a motorcycle, or intentionally caused the accident. An attorney can evaluate whether your injuries qualify.