Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Written By Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
ContributorAdam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Updated: Jan 27, 2023, 2:45am
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In 2020, 104,475 reportable car accidents occurred in Pennsylvania, according to the Pennsylvania Department of Transportation. A total of 61,248 people were hurt in these accidents and 1,129 people lost their lives.
Pennsylvania car accident laws determine what occurs after a crash happens. Victims need to know these laws so they can understand their legal rights and their potential to recover compensation for losses.
This guide will explain the details of how Pennsylvania car accident rules work.
Pennsylvania law requires that all motor vehicles be insured. This includes cars, trucks, vans, buses, motorcycles, and RVs. Specifically drivers must have auto insurance with at least::
Liability insurance is the type of auto insurance coverage that pays out when a policyholder causes a collision that hurts other drivers. If a covered motorist causes a crash to occur, their liability insurance would pay their legal bills and pay damages to collision victims.
Drivers are often advised to buy more than the minimum amount of coverage. If a driver has only the state-mandated amount of protection, their liability insurance would pay no more than $15,000 to an individual injured in a crash. If more than one person was injured, the total payout would not exceed $30,000 to all victims combined.
Car accident damages are often much more substantial than this. Unfortunately, an insurer won’t cover excess losses above policy limits. If a crash happens and the amount of damages exceeds the insurance coverage available, collision victims can pursue a claim against the driver directly. They could also make a claim with their uninsured or underinsured motorist coverage if they have these protections in place.
Pennsylvania requires accidents to be reported if they occur on any road open to the public and any of the following conditions occur as a result of the accident:
Non-reportable crashes, on the other hand, include crashes when:
It is always a good idea to report a crash when it occurs, even if the law does not require it. Reporting the accident will result in police writing an incident report. This can be used as evidence in a Pennsylvania car accident case.
If there is a dispute over who should cover property damage or if injuries turn out to be more severe than expected and an injury claim is made, the police report can be invaluable to victims making a claim for compensation.
In some states, called fault states, a driver who causes a motor vehicle collision is held liable for all losses victims experience.
In other states, called no-fault states, each driver recovers compensation for more minor injuries from their own insurer under Personal Injury Protection (PIP) coverage no matter who is to blame for the accident.
Pennsylvania is unusual because it is one of a small minority of states that is a choice no-fault state. This means drivers can choose to opt into the no-fault system or opt out of it. Here’s how this works.
Victims who are hurt in a motor vehicle accident should consult with an experienced car accident lawyer. An attorney can provide guidance on what types of compensation are available and whether a claim can be pursued in court for full recovery after a Pennsylvania car accident.
Sometimes, drivers share responsibility for an accident. When this occurs, Pennsylvania’s comparative negligence rules may allow a collision victim to recover partial compensation.
A collision victim can recover compensation from another driver after a Pennsylvania car accident as long as the victim was not more than 50% responsible for the collision. This is referred to as a “modified comparative negligence” rule and is one of three approaches states take to determining how cases involving shared fault are handled.
Under both pure and modified comparative negligence rules, drivers who are allowed to move forward with a claim will see their damages reduced based on the percentage of blame attributed to them. For example, if a PA driver sustained $100,000 in damages and was 40% responsible for the collision, that driver could recover $60,000 (60% of losses) from the person who was at-fault.
If a crash victim wishes to pursue a claim for compensation after a Pennsylvania car accident, they have a limited time to do so. A statute of limitations applies in every state setting a time limit for pursuing an injury claim. This includes Pennsylvania.
Pennsylvania law (42 Pennsylvania Statutes section 5524) sets the statute of limitations at two years for most injury claims resulting from negligence. This typically includes car accident cases. If a collision victim waits more than two years, their claim will be time-barred. This means no legal action will be allowed, so the victim won’t be able to recover compensation.
Victims hurt in a collision should get help from a Pennsylvania car accident lawyer if they sustained injuries. Car accidents can be life changing and an attorney can provide insight into how those who were harmed can get the compensation they need to be made whole.
A Pennsylvania car accident must be reported to the police if anyone was injured or killed or if any of the vehicles was badly damaged enough that it could not be driven. The police will prepare an incident report after a crash. Accident victims can move forward with recovering compensation for damages either from their own insurer or from the other driver’s insurer depending on the type of insurance coverage they have and the severity of their injuries.
A driver in PA is at fault for a Pennsylvania car accident if the motorist was negligent and caused a collision to occur due to their carelessness. In some cases, drivers who chose full tort auto insurance policies can move forward with pursuing a claim for compensation for injuries from a driver who was at fault for a collision. Drivers who opted for limited tort coverage will recover some compensation from their own insurer, but could pursue a case against the at-fault driver in certain instances when injuries were severe.
Pennsylvania is a choice no-fault state. Drivers can choose to buy limited tort coverage. This means opting into the no-fault system. While they will pay cheaper premiums, their right to recover compensation after a crash will be more limited. Drivers can also opt out of the no fault rules by buying a full tort policy.
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ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has appeared on Forbes, CNN Underscored Money, Investopedia, Credit Karma, The Balance, USA Today, and Yahoo Finance, among others.
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