Pennsylvania Car Accident Lawyers (2023)

Pennsylvania Car Accident Lawyers (1)

Pennsylvania car accidents are all too common. In 2019, over 76,000 people were injured on Pennsylvania roads according to the PA Department of Transportation. Sadly, many accidents are avoidable, and when you’re involved in a crash that’s not your fault it can be hard to know what to do next. The impact on your life can last for years after your car’s repaired and you’re expected to go back to work. Recovering from your injuries takes time and money. We can help you get more of both.

Table of Contents

  • Do I Need A Car Accident Lawyer in Pennsylvania?
  • How Much Will My Lawsuit Cost Me?
  • How Much Is My Case Worth?
  • What Should I Do If I Know The At-Fault Driver?
  • Auto Accident Attorneys Explain Pennsylvania Car Insurance
  • What the Pennsylvania No-Fault Law Means for Car Accident Victims
  • What is Personal Injury Protection (PIP)
  • Using Insurance To Get Your Car Fixed
  • Fatal Accident Rates Across America
  • Why You Need to Pursue a Car Accident Claim in Pennsylvania

Do I Need A Car Accident Lawyer in Pennsylvania?

We get this question a lot. The short answer is yes, you should always consult with a personal injury attorney. After an accident, all you want to do is have life return to normal. The insurance company will offer you some money, and it might seem like it’s enough to cover the medical bills you know you need to pay. But before you sign anything, you want to speak with a car accident lawyer PA.


Because insurance companies will always try to pay as little as possible, even if it means putting your health or well-being at risk. From requiring additional medical treatments in a few years to finding that you can’t enjoy your hobbies like you used to, the damages from your injury go far beyond what your medical bills show. The insurance company knows that, which is why they’ll try to pressure you into signing a quick settlement so they can pocket the profits.

If you experienced a serious injury, however,you need an attorney.

The car insurance company has an army of lawyers working for them. Their job is to make sure the company pays out as little as possible. If their driver caused your injuries, they’ll have to give you something, but will they give you enough?

How Do I Know If I Have A Case?

You’re eligible to file a car accident lawsuit if you sustained serious personal injury or property damage. By law, drivers must have some form of car insurance, enough to cover minor accidents. However, if you suffered long term or serious injury, most plans won’t have the coverage your recovery needs. Even if your injuries don’t seem severe now, they could get worse.

If you are in an accident in PA due to the negligence of another driver, give us a call. We’ll review your case and let you know if we think we could help you get more compensation.

How Much Will My Lawsuit Cost Me?

You never pay anything out of pocket. Our No-Fee Promise means exactly that. When you work with Console and Associates, you pay nothing until we win. Seriously.

Typically, the amount of money we receive is a flat percentage of your earnings. The percentage depends on several factors, including your age and the nature of your injuries. When you speak with your attorney, they’ll let you know what this will be for your case.

But remember,we only get paid if we resolve your claim. If we cannot convince the insurance company to pay for the damages the negligent driver they covered caused, you won’t owe us anything. Ever. This way, our goals align with yours.

How Much Is My Case Worth?

When you’re injured in a car accident, the financial and physical costs can be high. Filing a lawsuit or personal injury claim could be the only way you get the money you need to put your life back together. So, how much can you get?

Unfortunately, there’s no simple formula to figure out how much each case is worth. Your injuries and the details about the accident are unique. At Console and Associates, we’ll look at several factors to determine the size of your claim, including:

  • Medical bills
  • Rehab/recovery costs
  • Lost wages
  • Property damage (Your car or other items damaged)
  • Pain and suffering

After reviewing the details of your case, your attorney will have a claim estimate. While the final settlement may be different than this claim, our goal will always be to get you as much as possible.

(Video) Pennsylvania Car Accident Lawyer

What Should I Do If I Know The At-Fault Driver?

A car accident can impact more than just those driving the vehicle. In some cases, being a passenger during a crash can lead to more injuries than if you were driving.

One question our attorneys get a lot is what people should do if their friend or family member is the at-fault driver. Worried that they’ll ruin a long-time friendship, many victims entitled to compensation choose not to sue. We think that this is a mistake.

At Console and Associates, we don’t sue your friend. When we file a claim on your behalf, we seek compensation from their insurance company. They have car insurance to help cover these costs.

Some clients worry that if they get money for their claim, their friend’s insurance company will increase their rates. While your friend’s rates might go up, this is not your fault. If the insurance company determines that your friend is responsible for the accident, they’ll have to pay more money, even if you don’t file your claim.

Auto Accident Attorneys Explain Pennsylvania Car Insurance

In Pennsylvania, driving without insurance is illegal – and rightfully so. But just because we purchase auto insurance doesn’t mean we understand how it works, what it covers, and what to expect if we ever need to use it.

Many of the clients who come to us for help with their Pennsylvania car accident claims don’t understand what they’re entitled to, or what their responsibilities are, under their own auto insurance policies.

What the Pennsylvania No-Fault Law Means for Car Accident Victims

Since the other driver caused your collision, it should be his or her responsibility to pay for the damage, right?

Not always – especially in states like Pennsylvania that have adopted No-Fault laws.

The No-Fault law doesn’t actually mean that no one is at fault for the accident – of course, someone is. Any driver who failed to follow traffic safety laws and contributed to the crash can be found at fault for the collision. What the No-Fault law means is that no matter who is actually at fault for the accident, each driver is responsible for paying for his or her own medical care.

What is Personal Injury Protection (PIP)

When you have a Pennsylvania auto insurance policy, this means that your own insurance company will pay your medical bills through a portion of coverage known as Personal Injury Protection, or PIP.

When you set up your auto insurance policy, you had to choose an amount of PIP to purchase. Pennsylvania state law allows insurance companies to write auto insurance policies with as little as $5,000 in PIP coverage. When you’re in a serious accident, that $5,000 doesn’t stretch very far with today’s soaring medical costs.

Many drivers don’t remember offhand how much PIP coverage they purchased, especially if it’s been a while since you looked at your policy. If you’re not sure about your insurance, our Pennsylvania auto accident lawyers can examine your insurance policy and help you understand what it means for your accident claim.

Using Insurance To Get Your Car Fixed

Pennsylvania Car Accident Lawyers (2)

If you have to go through your own policy to get your medical bills covered, you might wonder if you need to do the same to get your car fixed. The answer is – it depends.

(Video) Car Accident Lawyers Helping Clients Throughout Pennsylvania - HHR

The at-fault driver is responsible for the damage to your car. Pennsylvania state law requires all drivers to have at least $5,000 in coverage for property damage they cause to others. In theory, you should be able to promptly get your car fixed or, if it’s totaled, get the money to replace it from the at-fault driver’s insurance company. But that’s not always what happens.

Many times, the insurance company is reluctant to admit their policyholder was at fault and give you the money to fix your car. Instead, you’re stuck dealing with insurance adjusters who drag their feet on making a decision. We’ve seen insurers claim that they can’t determine fault yet even when their policyholder admitted fault to the police and got a ticket for breaking traffic safety laws.

Since you can’t get around until your car is drivable, some accident victims choose to go through their own insurer to get the repairs done quickly. There’s no delay in having to determine who is at fault, but there is a deductible that you have to pay out of pocket. Later, your own insurance company can go after the at-fault driver’s insurer for the repair costs, and you will hopefully get your money back.

As you can tell, even the property damage part of your car accident case can be complicated. While many Pennsylvania car accident attorneys won’t get involved in their client’s property damage claim, we will. We want to make this situation as easy as possible for you, so we’ll help with your property damage case at no charge.

Full Tort Vs Limited Tort

Because auto insurance coverage is so complex, many drivers sign their rights away without even knowing it.

Choosing the “limited tort” option on your auto insurance policy can save you money on premiums. In fact, it’s one of the first suggestions insurance sales representatives make to help budget-conscious shoppers cut the cost of auto insurance. But when you get into an accident and need to use that coverage, this choice can cost you a great deal in the long run.

Limited tort means your right to pursue a car accident claim is limited. You’re not allowed to sue for pain and suffering or other non-economic damages you suffer because of the crash unless your injuries meet very specific criteria.

This means you could have a serious, life-changing injury and still be excluded from getting all of the money you deserve.

You’re better off having full tort when you have been in an accident, but it’s too late now to change the coverage you had at the time of the accident.

But don’t think that having limited tort insurance coverage will necessarily prevent you from pursuing a claim. Our Pennsylvania car accident lawyers have helped thousands of crash victims get full compensation, even if they had limited tort.
We understand the complexities of what injuries pass the threshold, what evidence is necessary to prove the severity of those injuries, and what exceptions could apply to your case.

Uninsured and Underinsured Motorist Coverage

Pennsylvania drivers have the option of purchasing uninsured (UM) and underinsured motorist (UIM) coverage. If you chose this coverage when you set up your auto insurance policy, you bought yourself financial protection in case of an accident like yours.

You see, the state requires drivers to purchase just $15,000 worth of bodily injury insurance coverage per person ($30,000 per accident, to be split among multiple victims). The total cost of your rehabilitation, your lost wages, and your pain and suffering could be far more than that $15,000 will cover.

But if you purchased UIM coverage, you can pursue that amount of additional compensation from your own insurance company. Your rights won’t be limited by their decision not to purchase enough coverage to reimburse the people harmed by their careless driving.

And if you get hit by a driver with no insurance at all, your UM coverage provides you with the only viable chance to get compensation for the accident.

(Video) How Personal Injury Lawyers Calculate Settlement | Personal Injury Q&A

The Pennsylvania Insurance Department’s Auto Insurance Guide can help you learn more about auto insurance in general. But if you want help understanding your personal insurance coverage and legal rights after an accident, it’s time to turn to Pennsylvania car accident attorneys like our team at Console and Associates.

Pennsylvania Car Crash Rates

The statistics are alarming.

Pennsylvania ranked #7 in the nation in 2019 for fatal car accidents, according to U.S. Department of Transportation’s Fatality Analysis Reporting System (FARS).

Every year, well over1,000 peopledie in accidents on Pennsylvania roadways, the Pennsylvania Department of Transportation (PennDOT)’s JustDrivePA website reported.

And despite a significant decrease in total crashes since the mid-1990s, Pennsylvania roadways still see more than120,000 collisionsevery year, PennDOT reported.

More than 3,000 of those crashes leave victims with major injuries.

Philadelphia County Car Accident Statistics


What’s behind these astounding statistics? Human error causes94 percentof motor vehicle crashes, according to The New York Times.

Unfortunately, our area of the state sees more than its fair share of serious accidents. Nine out of the 10 Pennsylvania counties that see the most car crashes are concentrated in the Southeastern Pennsylvania region:

  • Philadelphia
  • Montgomery
  • Bucks
  • Lancaster
  • Chester
  • Berks
  • Delaware
  • Lehigh
  • York

In Pennsylvania, crashes are common on roadways of all kinds. It’s hard to tell which routes are the most dangerous. State highways see way more crashes, injuries, and fatalities than other types of roadways, but local streets are the roadways that see more injuries per mile traveled, PennDOT reported.

Certain roads are more accident-prone than others – and they’re not always the ones you would imagine. Sure, there are infamously dangerous highways, like:

  • I-76 (the Schuylkill Expressway)
  • The Pennsylvania Turnpike
  • Crash-plagued bridges on I-83, I-80, and Route 30.

But local drivers often complain about the crashes on other roads, too, such as:

  • Roosevelt Boulevard in Philadelphia
  • Market Street in Harrisburg
  • Industrial Highway near York.

And Bensalem, Pennsylvania, in Bucks county happens to be home to “the most dangerous intersection in America,” Knights Road and Street Road, TIME reported.

Fatal Accident Rates Across America

Pennsylvania may have more than its share of traffic fatalities, but the United States as a whole has a tragic track record. Compared to 19 other high-income nations across the world, America has the highest rate of deadly accidents, the Centers for Disease Control & Prevention reported. Measured by distance traveled, our nation still sees considerably more deaths per 100 million miles traveled. By number of cars? We have higher rates of traffic fatalities per 10,000 registered vehicles, too.

(Video) Car Accident Lawyer Germantown, PA - Justice Guardians

Almost a third of deadly accidents in the U.S. involved intoxicated drivers, and 29 percent involved a speeding vehicle. Some countries had far lower rates of drunk driving and speeding – so it’s no surprise that they also had less deadly collisions, too.

Why You Need to Pursue a Car Accident Claim in Pennsylvania

Since you have auto insurance and you weren’t at fault for the accident, you might wonder why you would even have to file a car accident lawsuit.

But the more you understand about the insurance industry and Pennsylvania insurance policies, the more gaps you notice in the coverage available to you.

  • Between deductibles and copays, you could end up paying thousands of dollars for your medical care right off the bat. And if you purchased a low amount of PIP coverage, you’re likely to be on your own for paying the bulk of yourmedical bills.
  • While your own insurance policy may cover some amount ofwage loss, it’s probably nowhere near enough to make up for the income you miss while your injuries keep you out of work.
  • And when you experienced a great deal of pain and discomfort from your injuries and the lengthy rehabilitation process, you deserve money damages beyond your out-of-pocket spending. You’ll need to pursue a claim to get compensation for yourpain and suffering.

If you don’t pursue a case, you’ll never get back the money you lost. You might never be able to afford the medical care you need to make the best recovery possible. And if the financial consequences of the accident put your family’s financial wellbeing at risk, you might never be able to restore it.

We Go The Extra Mile For Pennsylvania Car Accident Victims. Always.

Pennsylvania Car Accident Lawyers (3)Let our team of lawyers handle the details of your claim. But we don’t stop there:

  • We’ll handle your damage claims so you canget your car fixed(or get the money to replace a totaled car) with less hassle.
  • Problems with medical bills are more common than you might think with car crashes.
  • And we’ll do itall at no costto you.

There are aspects of a claim many lawyers don’t want to handle because there’s nothing in it forthem.But we work for you.We think anything we can do to make your life easier and make sure more of your money stays in your pocket (where it belongs) is worth doing.

Experienced Pennsylvania Attorneys

Over the past two decades, we’ve represented auto crash victims all across southeastern PA. We’ve seen crashes caused by distracted drivers‚ drunk drivers‚ and fatigue, or irresponsible driving. At Console & Associates, we’ve helped their victims get the compensation they deserve.

From Center City Philly to the Main Line, we’re here for you. Whether you got into a fender bender on the Blue Route or had someone hit you by city hall, we know how to argue your claim.

We’ve recovered more than $100,000,000 for our clients during our 25-year history as a firm.

After a serious car accident, you might not be up to doing very much. We make it easy to get help – even if travel is out of the question right now.

In Philly, our office is off Market Street in Center City, accessible by car, or public transit. We’re located within walking distance of Dilworth Park, Rittenhouse Square, and Suburban Station.

After you’re in an accident, getting around might be difficult, so you don’t have to come to our office to get help. We want to make this process as easy as possible for you. Our lawyers are happy to help you over the phone, through the mail, or even by email. If you can’t come to us to meet in person, we’ll come to you. We’ve met clients at hospitals, rehabilitation centers, doctor’s offices, or even their own homes.

Nothing should stand in the way of you getting help for your car accident case. Contact us at (215) 225-2040 for a free evaluation.

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Rick is an exceptional advocate for his clients. He is extremely talented in navigating legal matters and shows an empathy to his clients that is hard to find. Rick is a good guy and I highly recommend him.

(Video) Automobile Accident Lawyer Free Consultation Old City Philadelphia PA

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Can you sue for car accident in PA? ›

Victims of a car accident may want to seek compensation for their damages and injuries from the at-fault party. Pennsylvania has a statute of limitations, or legal deadline, to file a car accident lawsuit. Victims have two years from the accident date to file a lawsuit for compensation for their injuries and damages.

Can you sue for pain and suffering in PA? ›

Whether or not someone purposefully causes you injury, if you have experienced any type of pain and suffering as a result of their actions, you may be entitled to compensation for damages.

How long after an accident can you sue in Pennsylvania? ›

The Standard Time Limit to File a Lawsuit Is Two Years

The statute of limitations for a car accident in Pittsburgh and the rest of Pennsylvania is two years, as outlined by Pa. C.S.A. § 5524. State law sets the statute of limitations to expire two years from the date of the car accident.

Is Pennsylvania a no-fault state for accidents? ›

This includes medical, personal injury, and property damage. However, Pennsylvania is one of a handful of states that is called a “no-fault” state. In Pennsylvania, each party, regardless of who is at fault, collects compensation such as lost wages and medical bills from their own, respective insurers.

What is the average settlement for a car accident in Pennsylvania? ›

According to the 2021 car accident settlement examples listed on this page, the typical Pennsylvania car accident lawsuit settlement is anywhere from $333,333 to $5,000,000 – with an average settlement across this set of examples of $2.7 million.

Can you sue for whiplash in PA? ›

If you are suffering from whiplash after a Pennsylvania car accident, you may be eligible for compensation for your medical treatment, lost wages, and other damages.

Can I sue for emotional distress in PA? ›

To recover for negligent infliction of emotional stress in Pennsylvania, the Plaintiff must prove one of four elements: (1) that the Defendant had a contractual or fiduciary duty toward him; (2) that Plaintiff suffered a physical impact; (3) that Plaintiff was in a “zone of danger” and at risk of an immediate physical ...

How long does an insurance company have to settle a claim in Pennsylvania? ›

An insurance company has 15 days to settle a claim in Pennsylvania if you're making the claim to your own insurance company. If you're making the claim to another insurance company, they have 30 days to investigate and settle the claim. The insurance company has 10 days to acknowledge that you reported the accident.

What are special damages in PA? ›

These are the damages to compensate for out-of-pocket expenses that have resulted from the defendant's negligence. Of the two types, special damages is the easier to calculate because they can be assigned a specific monetary value based on the expenses the victim has incurred as a result of the accident.

How long do most car accident settlements take? ›

It can take anywhere from a couple of weeks to several months (or years) for a car accident case to settle. There is plenty to investigate on each party's end, and if you suffered extensive injuries and property damage, this could explain why the settlement process is lengthy.

What happens after a car accident in Pennsylvania? ›

Report the accident to the Pennsylvania Department of Transportation within five days if there was severe injury, death, or significant damage to vehicles and other property. If the police did not investigate the accident, you still must report it.

Can you get compensation if the accident was your fault? ›

To claim compensation you will need to show that the accident was the fault of another person or organisation. If the accident was completely your fault it is highly unlikely that you will be able to make a claim. If you were partly at fault, however, you may be able to make a claim.

How is fault determined in a car accident in PA? ›

Pennsylvania follows a "modified comparative fault" rule when both parties are found to share blame for an accident. In most car accident cases, the jury is asked to calculate two things based on the evidence: the total dollar amount of the plaintiff's damages, and the percentage of fault that belongs to each party.

What happens when car accident claim exceeds insurance limits? ›

If you cause more property damage than your insurance covers

If the at-fault party doesn't have enough property damage liability coverage, they will be held liable for any costs that go beyond their coverage limits.

What happens if you are at fault in a car accident Pennsylvania? ›

If you are at fault for an accident, you may still be able to recover damages. In Pennsylvania under modified comparative fault, so long as the fault is even or less than 50% between the drivers involved, your collision coverage or insurance company should cover your losses to some extent.

How much money can you get back from a whiplash from a car accident in PA? ›

$10,000 to $100,000 for minor neck and back injuries. $1 million to $5 million or more for life-altering whiplash injuries or permanent disability.

How much are most car accident settlements? ›

Severity of injury is a major factor determining typical car accident settlement amounts. The Martindale-Nolo survey revealed the average compensation for car accident victims who were not injured was $16,700 while the average award for injured crash victims was $29,700.

How much can you sue for pain and suffering in PA? ›

You can bring a claim of up to $250,000 against the Commonwealth of Pennsylvania, and up to $500,000 for local government cases.

Do you have to prove whiplash? ›

For your whiplash injury claim to be valid, you would need to provide sufficient proof that you suffered a neck injury through no fault of your own. This could be in a road traffic accident in which case you should gather the following evidence: Photos of the damage done to vehicles.

What is the new law on whiplash claims? ›

The 2021 Whiplash Reforms are a raft of changes to the law concerning personal injury claims for road traffic accidents. The changes unashamedly favour motor insurance companies: reducing compensation awards and abolishing the chance to recover legal costs in the majority of road traffic accident claims.

How long do whiplash claims take to settle? ›

As a very rough guide, a claim may take 6 to 12 months if liability is accepted by the treatment or care provider immediately. If liability is disputed, it could take 12 to 18 months for more complicated claims. Very complex cases can take significantly longer.

How do you prove mental distress? ›

With this in mind, some of the types of evidence you can use to prove emotional distress in California include:
  1. A Personal Diary or Journal. ...
  2. Medical Records. ...
  3. Prescription Records. ...
  4. Expert Testimony. ...
  5. Testimony from Friends and Family.
16 Feb 2022

What type of negligence state is Pennsylvania? ›

Pennsylvania is, in fact, a modified comparative negligence state. In a modified comparative negligence state, a claimant still has the right to pursue a damage award as long as he or she was not found to be more at fault than the other parties. Pennsylvania follows a 51% rule.

What can you sue for in Pennsylvania? ›

Namely, you can sue if the accident involved:
  • Operation of a motor vehicle, e.g., city bus or school bus accident.
  • The care, custody, or control of personal property.
  • The care, custody, or control of real property.
  • The care, custody, or control of trees, traffic controls, and street lighting.

What are the 4 steps in settlement of an insurance claim? ›

  1. Negotiating a Settlement With an Insurance Company. ...
  2. Step 1: Gather Information Needed For Your Claim. ...
  3. Step 2: File Your Personal Injury Claim. ...
  4. Step 3: Outline Your Damages and Demand Compensation. ...
  5. Step 4: Review Insurance Company's First Settlement Offer. ...
  6. Step 5: Make a Counteroffer.

Do insurance companies try to get out of paying? ›

If they're not able to deny your claim for damages, insurance companies will try to minimize the severity of your injuries in an attempt to minimize what they have to pay you. This is more apt to happen with injuries they consider healable such as broken bones and whiplash.

How long does it take to receive an offer of compensation? ›

In simple claims where liability is admitted you would expect all claims to be concluded within 2-5 months. In more complicated claims where liability may be disputed, or the injuries are complex, then claims can take 6-18 months.

What are punitive damages in Pennsylvania? ›

They are meant to bring a large financial burden onto a defendant. They work on a multiplying factor. For instance, if a person is awarded $100,000, the court may decide to award four times this amount in punitive damages. This means that the individual receives $400,000 on top of the original $100,000.

What are the caps on compensatory damages in PA? ›

Pennsylvania damage caps in medical malpractice cases

In a medical malpractice case, the victim cannot receive more than 200% of their compensatory damages as a punitive damages award.

What are three 3 types of damages award in a tort case? ›

3 types of damages in personal injury cases: general damages, special damages, and punitive damages. General and special damages are compensatory damages, which serve to compensate the plaintiff for economic loss and pain and suffering, attempting to make them whole.

Can you sue your insurance company for pain and suffering? ›

If you were injured in a car accident, you may qualify to sue your own insurance for your pain and suffering, as well as any damages that exceed your own coverage. However, you must meet certain requirements.

How long does it take to negotiate a settlement? ›

The average settlement negotiation takes one to three months once all relevant variables are presented. However, some settlements can take much longer to resolve. By partnering with skilled legal counsel, you can speed up the negotiation process and secure compensation faster.

How are personal injury settlements paid? ›

Most settlements are paid either through a single lump-sum payment or through a structured settlement in which the claimant receives payments over a specified period.

How soon is recovery for a person in a car accident? ›

The average car accident injury requires 2-6 weeks.

Healing time does not necessarily mean you'll need to miss work or that you'll be unable to perform your normal daily activities. It does mean, however, that you should exercise caution with everything you do until you're completely healed.

What should I do if someone hit my car? ›

Stay at the scene: You must stop your car and remain at the scene of the accident for a reasonable time. Provide information: If a Garda is present at the scene of the collision, you must give them, when requested: Your name and address. The address where your car is kept.

Is Pennsylvania a diminished value state? ›

Pennsylvania is a diminished value state, which means you may be entitled to the diminished value of your vehicle after an auto accident. The statute of limitation on diminished value claims in Pennsylvania is 2 years, and Pennsylvania does not have uninsured motorist coverage for diminished value.

Can you claim for emotional distress after an accident? ›

In order to have a legitimate claim, you will need to feel emotional distress for some time after the accident. This is quite common for people involved in a traumatic event. This distress could involve anxiety, depression, post-traumatic stress disorder (PTSD) or another psychological condition.

How does insurance determine whose fault is it? ›

The adjuster will gather details about the accident. This may include reviewing the police report, interviewing involved parties and assessing photos of damage. Based on their review, the adjuster works with the insurer to determine who's at fault for the accident.

How do insurance companies deem at fault? ›

Your insurer will determine fault by the reviewing details about how the accident happened. They'll review site-specific details including photos and other physical evidence of damage.

Is PA a no fault accident state? ›

This includes medical, personal injury, and property damage. However, Pennsylvania is one of a handful of states that is called a “no-fault” state. In Pennsylvania, each party, regardless of who is at fault, collects compensation such as lost wages and medical bills from their own, respective insurers.

Who decides who was at fault? ›

Ultimately, the drivers' insurance companies will make the final decision regarding their driver's claim. However, with supporting evidence, you can avoid having to pay out on your insurance when you're not at fault.

How do adjusters determine damage? ›

To determine the extent of your damages and verify which damages to your car are new, insurance adjusters will often try to obtain accident reports, police notes, photos of the accident, and interviews with other drivers and witnesses to figure out the circumstances of the accident.

Can I get more money than the insurance policy? ›

The short answer is yes, it is possible to collect more than the at-fault driver's insurance policy limits. However, if you are going to pursue this route, you should know that it is unlikely, and proceed with the assistance of a personal injury lawyer.

Is there a limit to pain and suffering? ›

How much Can You Sue for Pain and Suffering? In general, there is no limit to the amount you can sue for these damages. However, some states have damage limit caps on these damages. This means there is a limit on this type of damage in a lawsuit.

What is the maximum amount that an insurer is liable to pay as a claim? ›

The maximum limit for third-party property damage compensation from the insurer is Rs. 7.5 lakh. However, if the court decides that the payment should be above this limit, the remaining amount should be borne by the policyholder.

How long after an accident you can sue? ›

Time limits

You should get legal advice urgently if you want to claim compensation. The most common claim in a personal injury case is negligence and the time limit for this is 3 years. This means that court proceedings must be issued within 3 years of you first being aware that you have suffered an injury.

Can you sue for emotional distress in PA? ›

To recover for negligent infliction of emotional stress in Pennsylvania, the Plaintiff must prove one of four elements: (1) that the Defendant had a contractual or fiduciary duty toward him; (2) that Plaintiff suffered a physical impact; (3) that Plaintiff was in a “zone of danger” and at risk of an immediate physical ...

Can I sue for emotional damage? ›

The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.

What is Pennsylvania reason for settlement? ›

Penn wanted to create a haven for his persecuted friends in the New World and asked the King to grant him land in the territory between the province of Maryland and the province of New York. On March 4, 1681, King Charles signed the Charter of Pennsylvania, and it was officially proclaimed on April 2.

How do you decide who is at fault in an accident? ›

Evidence and witnesses are key to determining fault in auto accidents. If the fault is not clear at the scene of the accident, there may be traffic cameras that recorded the accident. By reviewing the footage, a driver's fault may be able to be assigned sooner than later this way. Photographic evidence can help, too.

Can I be sue for an accident I was my fault? ›

Generally, if you are injured as a result of an accident that was your fault you will not be able to make a claim for compensation unless another person or organisation was also partly to blame for the accident.

How much do you get for whiplash 2022? ›

What Are The Whiplash Compensation Amounts For 2022? Compensation for whiplash ranges from a minimum of £240 to a maximum payout of £4,345. Typically, the average compensation amount for whiplash is between £570 and £630.

How long after a crash can you claim whiplash? ›

You have 3 years from the date of the accident in which to make a claim. This might be something you inform them about later as sometimes there's a delay in symptoms appearing. But you need to get medical evidence for the claim to be processed, thanks to rules introduced in 2021.

How do you calculate cost of pain and suffering? ›

The most common approach to calculating pain and suffering is to add up your economic damages and multiply them by a variable. This variable is usually between 1.5 and 5. Higher variables are used in more serious cases.

Can a car insurance company refuse to pay a claim? ›

Claims may be rejected by insurers because the conditions of the policy were not followed, such as keeping the tyres in a roadworthy condition, or because the driver was speeding. Here are 10 of the most common reasons why insurers could reject your claim.


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