Passenger Rights After a Car Accident in Pennsylvania
As a passenger, you deserve the same level of compensation for your injuries as any driver involved in the crash. Passengers often experience significant injuries, impacting their mobility and ability to work. At Fanelli, Evans, & Patel, our car accident lawyers understand your rights as a passenger and can help you recover maximum compensation.
You Can File a Claim Through the Driver’s Insurance
While filing a lawsuit can be the best way to recover maximum damages, our legal team recommends that you first attempt to settle with your insurance provider. If you own your own vehicle, you should first file a claim through your own personal auto insurance. If you do not own a vehicle or once your own policy limits are exhausted, then you have the option of filing a claim under the driver’s insurance policy.
Since Pennsylvania is a choice no-fault state (more on that in the next section), drivers are required to carry at least $5,000 in personal injury protection (PIP) insurance. PIP will cover medical bills due to your accident, which can be a lifesaver if you have inadequate health insurance benefits. If you cannot return to work due to your injuries, PIP can cover up to 80% of your lost wages if you purchase optional work loss coverage. PIP insurance can be used regardless of fault.
You Can Recoup Non-Economic Damages
The Commonwealth offers drivers two insurance options: limited tort and full tort. Under limited tort insurance, you will only be eligible to recover economic damages or accident-related expenses that resulted in a financial loss. In a car accident, economic damages can include medical bills, lost wages, and vehicle repairs or replacement. While you are not barred from litigation, having limited tort coverage can make it more difficult to win your case.
Alternatively, if you carry full tort insurance, you will be eligible to recoup the full extent of your losses, including pain and suffering. Although these intangible losses lack a monetary value, they can still affect your quality of life. While full tort policyholders have more rights in court, these drivers do pay higher premiums.
Even so, having a limited tort policy does not mean that you will never be able to sue for pain and suffering. The law lists exceptions in which limited tort policyholders can exit the no-fault system (even if you have your own limited tort policy). These exceptions include the following:
- If the other driver is convicted of or pleads guilty to a DUI
- An out-of-state driver hits you
- If the other driver purposely hits your vehicle, intending to injure you or themselves
- An uninsured driver hits you
- If you are hit as a passenger in a commercial vehicle (even if you have your own limited tort policy)
State law allows you to retain full tort rights as a passenger if you sustain a serious injury. A serious injury can involve permanent disfigurement or serious impairment of a bodily function. Examples include traumatic brain injuries, paralysis, and broken bones. If your injuries impede your ability to perform daily tasks, then you can recover for pain and suffering.
You Only Have Two Years to File a Lawsuit
Pennsylvania law allows car accident victims only 2 years to file a lawsuit. This limitation applies to both drivers and passengers. There are limited exceptions to this deadline, which our car accident attorneys will bring to your attention if any apply in your case.
Unfortunately, the insurance company is aware of this two-year timeline, so they are more inclined to try to run out the clock. If you are eager to receive fair compensation, you must speak with one of our legal professionals.
Injured? Reach Out to Our Car Accident Lawyers
Passengers in car accidents are often overlooked when it comes to receiving adequate compensation. In many cases, passengers cannot file a legal claim. Instead, they can submit their medical expenses to their health insurance provider, covering the remaining costs out of pocket. At Fanelli, Evans, & Patel, we believe the wrongdoer should be held accountable for their actions. Given what you have been through, the last thing you need is a financial burden.
To arrange your free consultation with one of our Pottsville car accident attorneys, you can contact us online or call (570) 622-2455.