Most states use either fault-based or no-fault insurance systems for car accident cases. But Pennsylvania has a unique “choice” no-fault system. In this system, your medical benefits coverage will cover your medical bills after a crash, no matter who caused the car accident. By law, you must carry at least $5,000 in medical benefits, and you cannot opt out of this coverage.
The “choice” part comes in how you elect your right to sue for intangible, non-economic losses like pain and suffering. When you purchase your auto insurance policy, you must pick either “limited tort” or “full tort” coverage. Limited tort lowers your monthly premiums but restricts your ability to bring a lawsuit unless your injuries qualify as “serious.” Full tort costs more, but it preserves your unrestricted right to pursue compensation for pain and suffering regardless of injury severity.
This decision can have major consequences. Limited tort lets you recover medical costs and certain out-of-pocket losses from your own policy, but it blocks you from seeking broader compensation in many cases. Full tort gives you a direct path to pursue compensation from the at-fault driver for all your losses, but it costs more, and there’s no guarantee that you’ll win any lawsuit you bring. Together, medical benefits coverage and your tort election determine how much you can recover and which legal options are available to you after a crash.
Mandatory Minimum Insurance Requirements
Pennsylvania requires all drivers to carry certain minimum coverage amounts. Policies must include at least $15,000 per person and $30,000 per accident in bodily injury liability coverage and $5,000 per accident in property damage liability coverage. Your liability coverage kicks in to cover other parties’ losses if you are at fault for an accident. Your policy must also include at least $5,000 in medical benefits, which cover your own losses regardless of fault.
Many severe crashes result in losses that exceed these coverage limits quickly, which can leave injured parties scrambling to cover medical bills and other expenses. If the at-fault driver only has the minimum coverage, your financial recovery could be limited unless you have additional protection through your own policy.
Optional Coverage Types
In addition to increasing your coverage limits when you purchase your policy, you can choose certain optional coverages to protect yourself after a crash. For instance, uninsured motorist (UM) insurance can make up coverage gaps if the other driver has no insurance. Similarly, underinsured motorist (UIM) coverage can help if the other driver’s policy is too small to cover your losses. Income loss benefits, funeral benefits, and extraordinary medical benefits can also add important protection. Electing to carry these optional coverage types in advance can expand your ability to recover after a crash.
Limited Tort Insurance in Third-Party Claims
Your ability to bring a claim against another driver in Pennsylvania depends on whether you chose limited or full tort coverage when you bought your policy. If you chose limited tort coverage, you will only be able to seek compensation from the other driver if you suffer a “serious injury” as defined by your policy. If you qualify, you can pursue compensation through the at-fault driver’s liability insurance.
If you bring a claim against another driver, their insurer will likely try to reduce your payout by conducting its own investigation and shifting blame. If the driver has low policy limits, it will be more difficult to obtain a full recovery unless you have your own coverage. A Pennsylvania car accident attorney can help you identify all possible sources of compensation and work to maximize your payout.
Contact a Pennsylvania Car Accident Lawyer Now
If you suffered injuries in a Pennsylvania car accident, you need clear advice about how your insurance coverage will affect your claim. An experienced lawyer from SMT Legal can review your policy, explain your options, and fight for the compensation you deserve. Contact our team today to arrange your free initial consultation and take the first step toward protecting your rights.
