Many people have questions about the statute of limitations in their Pennsylvania auto accident claims and questions about the no-fault system and comparative fault rules. This page attempts to address these questions to help you make the best decisions after a car accident.
What is the ‘Choice No-Fault’ System in Pennsylvania?
The Choice No-Fault system in Pennsylvania is a system where drivers can choose to have no-fault auto insurance, so that they can only turn to their own insurance following an auto accident; or they can choose to have traditional insurance, where they can file a claim against the at-fault driver after an auto accident. Even if you choose to have no-fault insurance, there are some circumstances where your claim will be outside of the no-fault rule. Serious injuries, which can include disability, disfigurement, broken bones, permanent scars, etc. might mean that you can recover damages from the at-fault driver. Contact a Pennsylvania car accident attorney to learn more about the no-fault system and how it applies to your accident and potential claims.
What are the Statutes of Limitations in Pennsylvania?
Pennsylvania’s statutes of limitations apply to claims that can be filed outside of the no-fault rule. If you find that your claim does lay outside of the no-fault system, then you have two years to file a personal injury claim or property damage claim (42 Pa. Cons. Stat. Ann. § 5524(2) and § 5524(3)). Different states have different statutes of limitations, and depending on the details of your case, different statutes may apply within any given state. Contact an attorney to learn more.
What is Modified Comparative Negligence in Pennsylvania?
Pennsylvania is a modified comparative negligence state. This means that if you and the other driver each hold some liability for the occurrence of the auto accident, then whichever party is less at fault (under 50% at fault) can recover damages from the party who is more at fault (over 50% at fault).
In modified comparative negligence cases, you will recover your damages after subtracting the percentage of fault that the judge or jury has allotted for your part in the accident. Thus, if you’ve been in an accident that caused $20,000 worth of damage, but you are 20% at fault, then you can only receive $16,000 (80% of your damages for the 80% fault of the other driver). This can cover your medical expenses, lost wages, property damage, and more, but you cannot recover on any case where you hold the majority of legal liability. If you think your case falls under the comparative fault rules of Pennsylvania, contact an attorney to ensure that you are well represented in negotiation and court.
Requirements for Pennsylvania Car Insurance
Another important factor of any car accident in Pennsylvania will be the requirements for car insurance that apply within the state. The state‘s no-fault rules and minimum coverage amounts have to be taken into account with claim. To learn about the specific requirements for your situation and how they apply to your car accident claim, contact a Pennsylvania auto accident attorney.
The requirements for Pennsylvania car insurance will affect your case as much as the no-fault rule and modified comparative negligence rules of the state. To find out more about minimum coverage requirements for your situation, contact your insurance agent or speak to a Pennsylvania car accident lawyer to learn more about how this might impact your auto accident claim.