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Is Pennsylvania a No-Fault Auto Insurance State?

February 06, 2019

By Van Der Veen, Hartshorn, and Levin

Car insurance is going to be an issue anytime there is a car accident. The insurance company of either the at-fault driver or the injured driver will be responsible for providing accident benefits to help cover medical expenses, lost income, and in some cases, even pain and suffering.

Most states have a tort, or fault, system of auto insurance. With this type of auto insurance, the injured driver must go through the other driver’s insurance to claim accident benefits. A few states operate under a no-fault system, meaning that each driver will have to go through their own insurance to claim benefits. Pennsylvania though, has different rules than either of these.

Pennsylvania’s Insurance Rules Explained

According to the Pennsylvania General Assembly, Title 75, Chapter 17, drivers have two options when purchasing auto insurance. They can either purchase limited tort insurance, or full tort.

Limited Tort allows injured drivers to receive accident benefits for medical expenses and, if they’ve lost time from work due to the accident, benefits to repay lost wages. The accident benefits will not allow for non-economic compensation, however. That is, they will not provide for pain and suffering or emotional distress.

Filing a lawsuit when the drivers chooses full tort allows for an injured driver to claim medical expenses and lost wages, as well as the non-economic damages limited tort insurance restricts. This is what makes full tort auto insurance much less restrictive than limited tort insurance.

Which Type of Auto Insurance is Best?

With one type of Pennsylvania auto insurance allowing for full compensation and the ability to file a lawsuit, one may wonder why anyone would choose the limited tort option. The reason for doing so is typically because limited tort insurance is generally much cheaper than full tort insurance.

However, it is recommended that all drivers opt for the full tort option. The accident benefits provided under limited tort insurance are often not enough to fully cover the cost of injuries related to the accident. Full tort insurance though, can provide the full amount of compensation one needs.

Speak to a Pennsylvania Auto Accident Lawyer that Can Help

No one should ever try to file a lawsuit on their own, though, regardless if they had limited or full tort insurance at the time of the accident.

If you have been injured in an auto accident, it is extremely important that you speak to a Pennsylvania car accident attorney that can help. When lawsuits are not filed properly, they may be thrown out of court, eliminating your chances of receiving full compensation. An attorney can also speak to the insurance companies on your behalf, giving you the best chance at receiving the full settlement amount from the company.

If you’ve been injured, contact van der Veen, Hartshorn, Levin & Lindheim in Pennsylvania today. We are the car accident lawyers that can help, and we want to start reviewing your case today.



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