CAR ACCIDENT

Possibly. Pennsylvania, like many others, is a modified comparative fault state. Under Pennsylvania law, comparative negligence doesn’t always bar the victim from recovering damages. The rules in Pennsylvania are: You can recover damages if you’re no more than 50% liable for the accident; If you’re 51% or more to blame, you cannot seek compensation.

Pennsylvania is one of a very few states to have a no-fault system that is optional. Drivers can choose whether to purchase a “full tort” or a “limited tort” policy.

Limited tort is the traditional no-fault coverage in which drivers are generally limited to recovery under their own policies but may be able to file a claim against the at-fault driver if certain exceptions apply. A “full tort” policy, on the other hand, allows the driver to sue an at-fault driver for compensation.

Do you know what type of car insurance you have? Your rights are affected by the type of insurance you choose. 

FULL TORT VS. LIMITED TORT
So, what happens when your injuries and damages exceed what your car insurance company will pay? Under Pennsylvania law, it depends on whether you chose the “full tort” or “limited tort” option when you bought your car insurance policy.

The full tort option is more expensive but less restrictive when it comes to recovering compensation. If you decide to get full tort coverage, that means you are able to file a lawsuit against the at-fault driver to recover compensation for pain and suffering as well as other non-monetary damages. 

The limited tort option is less expensive but means you are choosing the ‘no fault’ rules which state that you are responsible for filing a claim with your own insurance after getting into a car accident regardless of who is at fault.
If you chose the less-expensive “limited tort” option, you may still file a lawsuit for pain and suffering or other nonmonetary damages if a certain exception applies:

• Suffered a “serious injury” – serious disfigurement or impairment of a body function
• Hit by a vehicle registered in any state other than Pennsylvania
• Injured by a driver who does have any valid car insurance
• Hit by a driver who is convicted or or agrees to Alternative Rehabilitation Disposition (ARD) for DUI
• Hit purposely, by another driver, intending to hurt you
• Passenger in a commercial vehicle or motorcycle
• Injured as pedestrian or while riding a bicycle

There are two different types of compensatory damages. These are called economic and non-economic damages.

ECONOMIC DAMAGES

Economic damages are paid to compensate you for the financial costs and expenses that are related to your car accident.
Economic damages may include:

• The cost of medical care to treat the injury caused by the accident
• Lost wages while the injured party cannot work
• The cost of repairing or replacing the injured party’s vehicle

NON-ECONOMIC DAMAGES
Non-economic damages are paid to compensate for consequences that are subjective.
Non-economic damages may include:

• Compensation for pain and suffering incurred during the accident and its aftermath
• Loss of affection and companionship due to injuries, both physical and psychological
• Embarrassment and Humiliation
• Loss of Life’s Pleasures
• Scarring or disfigurement
• Mental anguish, including anxiety and embarrassment
• Decreased quality of life
• Loss of consortium
• Compensation for the emotional distress caused by the accident and the medical treatment it required

If you decide to file a personal injury lawsuit, you must do so before the applicable statute of limitations expires. The statute of limitations for car accidents in Pennsylvania is generally two years. For car accidents, the statute of limitations generally starts from the moment of the accident.