Representing Injury Victims
A negligent motorist can turn a pleasant day into getting X-rays in the hospital. After a car accident, your first step to be reimbursed for your injuries should be filing an insurance claim. Understanding car insurance coverage will help you know what compensation you may be entitled to in the Keystone State.
Our justice system is designed to compensate injury victims. Even so, if you decide to pursue a personal injury suit, you only have a limited amount of time to take action. Although there are exceptions that will extend the time you have to file, the exception is not always obvious, often requiring experienced counsel to represent you.
Our car accident attorneys at Fanelli, Evans & Patel provide assertive representation to car accident victims in Reading and the surrounding areas and are ready to fight for you.
Limited Tort v. Full Tort
Under 75 Pa. C.S. §1928, insurance companies must offer motorists two types of insurance coverage: “Limited Tort” coverage and “Full Tort” coverage. As discussed below, “Full Tort” if preferable and provides easier access to justice for injured victims. Below, we provide an overview of the main differences between these two insurance options.
“Limited Tort” Coverage
Under the “Limited Tort” option, you can recover compensation for all medical and out-of-pocket expenses directly related to your accident. These out-of-pocket expenses, known as economic losses, can include lost wages, vehicle damage, and/or repairs.
Any non-economic or non-monetary damages will not be covered unless you suffer a “serious injury.” Pennsylvania law considers a “serious injury” to be “serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
Exceptions to “Limited Tort” Coverage
Under Pennsylvania law, there are six situations in which you will qualify for full tort compensation. These include:
- Being struck as a pedestrian or cyclist by a motor vehicle
- Riding as a passenger in a commercial vehicle at the time of the accident
- Traveling on a motorcycle as a passenger during the crash
- Involvement in an accident where the at-fault driver was convicted of driving under the influence (DUI)
- Colliding with an uninsured driver, leaving you without basic coverage options
- Being hit by a driver operating a vehicle registered outside of Pennsylvania
“Full Tort” Coverage
If you select “Full Tort” insurance coverage, your economic and non-economic losses will be compensated following a car accident. For noneconomic losses, if you have selected “Full Tort,” you do not need to prove you sustained a serious injury. Our attorneys advise all clients to select “Full Tort” when purchasing car insurance.
Statute of Limitations
Pennsylvania has a two-year statute of limitations for personal injury claims. After the two-year period has ended, you will be barred from recovering damages. However, there are three major exceptions to this rule.
Discovery Rule
The discovery rule applies if you do not realize you have suffered injuries until after your accident. The discovery rule states that the statute of limitations begins when you first learned or should have known about your injuries. The legal “clock” will not start until you discover your injuries.
Fraudulent Concealment
Fraudulent concealment occurs when a person hides something with the intent to mislead or defraud another person. In this situation, the statute of limitations does not take effect until the fraud is discovered.
Minors
In cases involving a minor, the statute of limitations does not take effect until the minor turns 18. This exception only applies to unemancipated minors.
Speak with an Experienced Car Accident Attorney Today
A car accident can impact far more than one day of your life. If you have car insurance liability coverage questions, our Reading car accident attorneys are here to help.
To schedule your free consultation, contact Fanelli, Evans & Patel, P.C. today by calling 484-869-2113 or online. Weekend and evening appointments are available. If your injuries prevent you from traveling, we will come to you.