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Automobile Accidents | 8/02/2023

Is Pennsylvania a "No Fault" State?

What to Know About PA’s No-Fault Insurance Laws

States either follow fault or no-fault insurance laws. While Pennsylvania is one of the dozen states that is considered a “no-fault” state, it allows motorists to opt out of their system. A driver in PA may therefore choose “limited tort” or “full tort” coverage when selecting their insurance policy. If a driver has full tort coverage, they have chosen to opt out of the no-fault system and retain the right to file a lawsuit against an at-fault driver.

Being involved in a car accident is frustrating and overwhelming. It often leaves an injured party with more questions than answers. At Freeburn Law, we provide experienced representation for car accident victims throughout Central Pennsylvania. Our lawyers will help you understand your rights and ensure you receive the maximum compensation available. If you have been injured in a car accident, contact our office at (717) 777-7777 for a free consultation.

What Is No Fault Insurance?

No-fault insurance or personal injury protection (PIP) coverage provides compensation for medical bills if you or your passengers are injured in a car accident, regardless of who was at fault for the crash. 

A state that follows at-fault or tort insurance laws allows a motorist to sue the party that was to blame for the accident for damages. In a state with no-fault insurance laws, injured parties may be limited on when and how they can pursue damages against an at-fault driver.

What Are Pennsylvania’s No-Fault Insurance Laws?

While PA is one of the twelve states that follow no-fault insurance laws, it also provides a unique option for drivers. When choosing an insurance policy, a motorist may effectively opt out of the state’s no-fault insurance system. 

Drivers are given the option between limited tort and full tort coverage. Limited tort coverage means that a driver can only sue an at-fault party for damages under certain circumstances, such as if they meet the “serious injury” threshold. An injured party is also prohibited from seeking damages for pain and suffering unless they meet this threshold.

If a person chooses “full tort” coverage, they are opting out of the state’s no-fault insurance system and reserving the right to sue an at-fault party that causes an accident with injuries.

What If I Opt Out of the No-Fault Insurance System?

Full tort coverage is usually more expensive than a limited tort policy. It also allows you to seek pain and suffering damages without having to meet a certain threshold. By opting out of the no-fault insurance system, you must prove that another party was responsible for your injuries in order to pursue a claim for damages and obtain compensation. 

If you are injured in a crash, it is in your best interest to speak with a Pennsylvania car accident attorney as soon as possible to determine your legal options. 

Contact Our Office to Get the Help You Need Now

Insurance laws in PA are complicated. If you have been injured in a car accident, you need answers now. Contact our office at (717) 777-7777 for a free, no-obligation consultation. A case review can help determine whether you have a valid claim for damages and if you should pursue compensation from your own insurance policy or an at-fault driver’s. 

With over 40 years of experience, we can help you get the results you need now. Call our office to speak with a member of our legal team today.

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The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute client relationship.
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