Because the impact is such, people often react in an unfiltered manner after an auto accident. Unfortunately, such mishaps happen quite often on Philadelphia roads. In Pennsylvania, you are allowed to choose between no-fault coverage and fault-based coverage. If you purchased the former, you would need to file a claim and seek benefits from PIP coverage. There are some circumstances when you can step beyond the no-fault rule and seek compensation from the party at fault. In this post, we are discussing some key Pennsylvania laws related to car accidents.
Deadline for car accident lawsuits
If you want to file a lawsuit against the party at fault, you must do so within the given time. In Pennsylvania, the deadline for car accident lawsuits is two years from the accident date. If someone was killed in the crash, the family could file a wrongful death lawsuit, but in this case, the count starts from the date of the victim’s death and not the accident date.
The shared-fault situation
What if you were also responsible for the crash to an extent? You can only sue the other driver if your fault share is 50% or lesser. In other words, no matter the losses and injuries, you cannot bring a lawsuit against the other driver if your fault share is major. This is also known as the “modified comparative fault”, which is followed by many states. Your fault decides what you get from the given settlement. Let’s assume that you are 20% to blame and were given $10,000 in damages. In this situation, your final share would be $8,000.
Get an attorney
Because the Pennsylvania insurance system is quite unique, many people have a hard time understanding whether they should turn to their own insurer or take action against the at-fault side. An attorney can help navigate this option. Lawyers can also advise you on the dos and don’ts after an auto accident. For instance, you should not discuss your injuries immediately after the accident with the other party’s insurance company or lawyer. Also, most PI lawyers in Pennsylvania work on a contingency fee, which ensures that you don’t have to pay anything until you get paid. Please note: You may still have to pay for expenses related to the investigation.
Call an attorney now and ask relevant questions before filing an auto accident claim in Philadelphia. They can help you gather info that would benefit your case.