Philadelphia motorcycle claims are governed by rules that don’t apply to car crashes, and riders often believe they have no legal claim when they do. Here, the experienced motorcycle accident attorneys at The Levin Firm explain how you know whether you have a valid claim, who pays your medical bills, and how much time you have to file your claim.
At The Levin Firm, we understand that representing motorcycle accident victims requires particular skills and knowledge, as well as an understanding of motorcyclists’ rights, which are often taken for granted.
Our Philadelphia personal injury lawyers understand these issues and work with our clients, their friends and families, and their doctors, psychologists, long-term care planners, and others to ensure our clients receive not only the finest legal representation but also the finest support and medical care. Contact us today at (215) 929-8166 for a free, no-obligation consultation.
Does Limited Tort Apply If You Were Hurt on a Motorcycle in Pennsylvania?
Limited tort rules do not typically apply in motorcycle accident cases.
You might remember that when you were purchasing auto insurance in Pennsylvania for the first time, you were told that you could select full tort or limited tort insurance. You might not have been given a good explanation of these options or how they affect your legal rights, but many people choose limited tort because it is cheaper.
With limited tort insurance, you are typically barred from seeking compensation for pain and suffering and other non-economic damages unless you suffer a serious injury or an exception applies to you. One of the exceptions under 75 Pa.C.S. §1705(d)(3) is if you are injured while “an occupant of a motor vehicle other than a private passenger motor vehicle.” To that end, 75 Pa.C.S. §1702 generally defines a private passenger motor vehicle as a four-wheeled motor vehicle.
Furthermore, 75 Pa.C.S. §1705(b)(3) provides that a person who owns no currently registered private passenger vehicle and who is not a named insured or insured under any such policy is not precluded from claiming non-economic damages. Therefore, a rider who owns only a motorcycle is outside the limited tort system.
Who Pays Your Medical Bills After a Philadelphia Motorcycle Crash?
The at-fault driver may be required to pay your medical bills directly or through their liability insurance, but you will have to win your personal injury claim for them to do so.
You might think that you are covered by no-fault or PIP benefits. However, these first-party benefits do not apply to motorcyclists.
Under 75 Pa.C.S. §1711(a), Pennsylvania requires insurance companies to offer at least $5,000 in first-party medical benefits to people when they are purchasing auto insurance, but the law specifically excludes motorcycles. Furthermore, 75 Pa.C.S. §1714 states that an owner or occupier of a motorcycle is not eligible to recover these first-party benefits.
Since Pennsylvania is an at-fault state for motor vehicle accidents, the at-fault driver is responsible for paying for the damages they cause. However, while your case is pending, you may wish to explore other options to pay your medical bills and protect your credit, such as using your health insurance or optional medical payments coverage.
Under 75 Pa.C.S. §1720, most health insurance companies are precluded from placing a lien or subrogating a motor vehicle accident claim. However, this does not apply to federal claims or workers’ comp claims, so if you were hurt at work or use Medicare, this might not apply to you.
How Long Do You Have to File a Motorcycle Accident Claim in Pennsylvania?
Most motorcycle accident victims have two years to file a personal injury lawsuit. However, the time limit is much shorter for claims involving the government.
Under 42 Pa.C.S. §5524(2), the statute of limitations for personal injury cases is two years. So, if your claim is against a private defendant, you likely have two years from the accident date to file your case in court. If the accident resulted in the death of a loved one, you have two years from the date of death to file a wrongful death claim.
However, if your personal injury claim is against the government, such as SEPTA, the City of Philadelphia, or PennDOT, 42 Pa.C.S. §5522(a)(1) requires you to provide written notice to the relevant government agency and the attorney general containing the following information:
- The claimant’s name and address
- The injured person’s name and address
- The date and time of the accident
- The approximate location
- The name and address of any attending physician
If you do not provide this notice, your claim can be “forever barred” if you don’t have a reasonable excuse.
