Can I File a Lawsuit If The Other Driver Was At Fault in The Accident?
=Yes. You can file a lawsuit if the other driver was at fault in the accident. However, you must meet specific conditions to step out of Pennsylvania’s no-fault auto insurance system to sue the at-fault driver. Likewise, the state’s choice of no-fault insurance rules may complicate car accident lawsuits.
In this light, it’s vital that you talk to a reputable Shamokin car accident attorney to ascertain whether you can sue the at-fault driver and understand the specific laws applicable to your situation. Your Shamokin car accident lawyer can also explain the compensation you may pursue based on your auto insurance policy and the nature and severity of your injuries.
How Does Pennsylvania’s Choice No-Fault Auto Insurance System Affect My Right to Sue an At-Fault Driver?
Under the state’s choice no-fault auto insurance rules, you can pick between limited tort and full tort insurance for handling personal injury lawsuits. The no-fault element (your PIP coverage) means that each driver’s insurer pays for their medical expenses, lost income, and other relevant financial losses up to their policy limits, no matter who caused the accident.
If your car accident-related expenses exceed your PIP coverage limits, you can sue the at-fault driver for additional damages. However, while the state’s no-fault system doesn’t eliminate the option of suing at-fault drivers, it limits how and when you can sue and what kind of damages you can seek.
Full Tort Insurance and Suing an At-Fault Driver
If you have full tort insurance, you can sue the at-fault driver for all types of damages, including lost income, medical expenses, and other economic damages, as well as emotional distress, suffering, pain, and other non-economic damages, regardless of the seriousness of your injuries.
For instance, let’s say you have whiplash and a minor back injury from the crash. While they are not life-threatening, you experience pain, and they impact your ability to work for a month or two. Because you have full tort insurance, you can sue the at-fault driver for economic and non-economic damages, even if your injuries don’t fit the state’s serious bodily injury standards.
Suing an At-Fault Driver with Limited Tort Insurance
With limited tort insurance, while you can seek compensation for economic losses, you cannot sue the at-fault driver for non-economic damages, such as suffering, pain, or emotional distress. However, there are exceptions to this rule. Even if you are only covered by limited tort insurance, you can sue the at-fault driver for both economic and non-economic damages if any of the following applies to your case:
- You have a serious bodily injury, including significant disfigurement, a permanent disability, an injury that requires long-term treatment or recovery, or an injury that can lead to death.
- The at-fault driver was involved in something criminal, such as drunk or drugged driving.
- The driver is uninsured.
Learn How Our Experienced Shamokin Car Accident Lawyer Can Secure The Compensation You Deserve
At Fanelli, Evans & Patel, P.C., our Shamokin car accident attorney offers a no-cost evaluation to help you understand the legal intricacies of choice no-fault insurance rules and explore your compensation options after getting injured in a car crash. Call us at 570-286-6500 or reach out to us online to arrange an appointment with our Shamokin car accident lawyer.