Reading Car Accident Attorneys
A negligent motorist can turn a pleasant day into a day 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. An understanding of car insurance coverage will help you understand what forms of 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, P.C., provide aggressive 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 will be eligible to 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 and vehicle damage and/or repairs.
Any noneconomic 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:
- If you were a pedestrian or pedal cyclist struck by a vehicle
- If you were a passenger in a commercial vehicle
- If you were a passenger on a motorcycle
- If the at-fault driver was convicted of a DUI
- If the at-fault driver was uninsured
- If the at-fault driver was driving a vehicle registered outside of Pennsylvania
“Full Tort” Coverage
If you select “Full Tort” insurance coverage, both your economic and noneconomic 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
If you did not realize that you had suffered injuries until sometime after your accident, then the discovery rule will apply. The discovery rule states that the statute of limitations begins to run 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 is the act of a person hiding something with the intent to mislead or defraud another person. In this situation, the statute of limitations will not take effect until the fraud has been discovered.
Minors
In cases involving a minor, the statute of limitations will not take effect until the minor has turned 18 years old. This exception only applies to unemancipated minors.
Injured? Speak with a Reading Car Accident Attorney Today
A car accident can impact far more than one day of your life. If you have questions regarding your car insurance liability coverage, 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.