Most Philadelphia car accident claims turn on two things: the two-year deadline and which tort option was on the applicable insurance policy. Here, we discuss these important rules and how they dictate the course of your case. The Levin Firm works on a contingency fee basis, so we can discuss your legal rights and options at no cost or obligation to you. You only pay us if we win your case. Call us today at (215) 929-8166 for your free consultation. 

Do You Have a Car Accident Case in Philadelphia?

To have a viable car accident case in Philadelphia, the following four statements must be true:

  • Someone else was at fault for the accident.
  • You were injured in the accident. 
  • You are inside the two-year filing deadline.
  • Your tort election does not bar the damages you are claiming. 

We discuss each of these factors in the following sections.

Limited Tort or Full Tort: The Election That Decides Whether You Can Sue for Pain and Suffering 

Pennsylvania has a unique insurance system that no other state has. Vehicle owners decide what damages they can potentially sue for when they purchase auto insurance by electing either limited tort or full tort insurance. The election also binds resident household relatives. 

Limited tort insurance restricts the right of the injured to sue for pain and suffering and other non-economic damages. However, they can still sue for medical bills, lost wages, out-of-pocket expenses, and other economic damages. People sometimes choose to purchase limited tort insurance instead of full tort insurance because it is more affordable.

Full tort insurance gives car accident victims an unrestricted right to pursue compensation for the full extent of their harm, including economic and non-economic damages. Under 75 Pa.C.S. §1705(a)(3), if the insured does not affirmatively elect which option they want and does not return the election form, they are conclusively presumed to have chosen full tort insurance. 

Even if the injured had limited tort insurance, they may still be able to pursue compensation for pain, suffering, and other non-economic damages if they are determined to have suffered a serious injury as defined under the law or if an exception exists, such as if they were:

  • Injured in an accident caused by a driver who was convicted or accepted Accelerated Rehabilitative Disposition for DUI
  • Injured by a driver registered out of state  
  • Injured by a driver who intended to injure them
  • Injured by an uninsured driver
  • Injured in an accident involving a vehicle defect claim
  • Injured while an occupant of a motor vehicle other than a private passenger motor vehicle 

You can check which form of insurance you have by reviewing the declarations page and the signed election form for your policy. If there is no signed form, you should have full-tort insurance. 

Pedestrians, cyclists, or passengers in someone else’s car who do not own a registered vehicle are not bound by any limited tort restriction, per 75 Pa.C.S. §1705(b)(3).

Pennsylvania law allows car accident victims to pursue compensation from another party who is at fault for the accident, but their financial recovery largely depends on the type of auto insurance they purchased well before the accident may have occurred. Pennsylvania’s unique insurance system requires a knowledgeable car accident lawyer with a keen understanding of it to ensure that a victim’s legal rights are protected. Contact The Levin Firm today to learn more during a free consultation. 

What Counts as a “Serious Injury” Under Pennsylvania Law?

75 Pa.C.S. §1702 specifically defines a serious injury in this context as “a personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.” Factors that courts consider when determining whether an injury is a serious injury include:

  • The extent of the impairment
  • The function impaired
  • The duration of the injuries and treatment
  • The treatment required

Notably, an injury does not have to be permanent to be considered “serious” under the law, and seriousness is ordinarily a question for the jury.

Who Pays My Medical Bills After a Philadelphia Crash?

Your first-party benefits pay first, regardless of fault. Under 75 Pa.C.S. §1711, the statutory minimum for this type of insurance is $5,000. This insurance covers your medical expenses and must be included in all auto liability insurance policies in Pennsylvania.

Additionally, 75 Pa.C.S. §1712 requires insurers to make available for purchase first-party benefits for an income loss benefit, which covers 80% of actual loss of gross income and reasonable expenses actually incurred for hiring someone to perform self-employment services or for hiring special help to allow them to work and mitigate the loss of their gross income.

The amount of your first-party benefits will depend on whether you only have the statutory minimum (such as $5,000 in medical benefits) or whether you purchased additional insurance under your policy. 75 Pa.C.S. §1715 provides that first-party benefits must be made available to purchase in the following amounts:

  • Medical benefits: Up to at least $100,000
  • Extraordinary medical benefits: From $100,000 to $1.1 million, in increments of $100,000
  • Income loss benefits: Up to at least $2,500 per month up to a maximum benefit of at least $50,000
  • Accidental death benefits: Up to at least $25,000
  • Funeral benefits: $2,500

You could be covered under multiple insurance policies if you are injured in a car accident in Philadelphia. 75 Pa.C.S. §1713 sets out the following priority order of which insurance policy applies: 

  • Named insured: The policy on which they are insured
  • For an insured: The policy covering the insured
  • Occupants in an insured vehicle: The policy on the insured vehicle 
  • Pedestrian or other non-occupants: The policy on any motor vehicle involved in the accident