Being in a car accident can be scary and confusing—especially when it comes to figuring out who is going to pay for the damage, medical bills, or pain and suffering. If you’re thinking about filing a lawsuit after a crash in Pennsylvania, you might wonder who actually pays when you sue.
In this blog, we’ll break down how car accident lawsuits work in Pennsylvania, who might be responsible for paying, and what you need to know about your rights.
PA Car Insurance System
Pennsylvania is what’s called a “choice no-fault” state when it comes to car insurance. This means drivers can choose between two types of insurance coverage: limited tort or full tort.
- Limited tort means your ability to sue for pain and suffering is limited—unless you suffer a serious injury, like a broken bone or permanent damage.
- Full tort gives you the full right to sue the at-fault driver for all damages, including pain and suffering, no matter how severe your injuries are.
Most policies also include Personal Injury Protection (PIP). This coverage pays for your medical bills and certain other expenses (like lost wages), no matter who caused the accident. But PIP only goes so far—if your injuries are serious or your bills are higher than your PIP limit, you may need to take legal action.
When and Why You Might Sue After a Car Accident
You might decide to sue after a car accident for a few different reasons:
- Your medical bills are too high: If your PIP coverage runs out and you still have unpaid medical expenses, you may need to sue the at-fault driver to recover the difference.
- You’re in serious pain: If you have full tort coverage or meet the exceptions under limited tort, you can sue for non-economic damages like pain, suffering, emotional distress, or loss of enjoyment of life.
- The insurance company won’t pay: Sometimes, the other driver’s insurance might deny your claim or offer a settlement that doesn’t come close to covering your costs. In that case, suing may be your only option.
Special Cases to Consider in Your Car Accident Lawsuit
Multiple At-Fault Drivers
If more than one person caused the crash, each one might be responsible for a share of your damages. This is called joint liability, and your lawyer may file claims against multiple parties.
Work-Related Accidents
If you were working when the accident happened (for example, driving a company vehicle), you may be covered by workers’ compensation. But you might still be able to file a lawsuit against a third party, like another driver.
Time Limits
Pennsylvania gives you two years from the date of the accident to file a lawsuit. If you wait too long, you could lose your right to recover anything.
Who Pays When You File a Lawsuit?
When you sue someone after a car accident, you’re not usually going after their personal savings. In most cases, the at-fault driver’s car insurance is responsible for paying your damages. Here’s how it typically works:
1. The At-Fault Driver’s Insurance Company
If the other driver caused the crash, their liability insurance is supposed to pay for your injuries and damages, up to the policy limits. Pennsylvania requires drivers to carry at least:
- $15,000 in bodily injury coverage per person
- $30,000 per accident
- $5,000 in property damage
If your damages are more than that, you may have to look elsewhere for full compensation.
2. Your Own Insurance (UM/UIM Coverage)
If the at-fault driver has no insurance or not enough, your own policy may help—if you’ve added uninsured/underinsured motorist coverage (UM/UIM). This is optional in Pennsylvania, but it can protect you in hit-and-run accidents or cases where the other driver doesn’t carry enough insurance.
3. An Employer or Business
If the at-fault driver was working at the time of the accident (like a delivery driver or commercial truck driver), their employer may also be held responsible. This is called “vicarious liability.”
4. A Government Agency
Sometimes, the crash wasn’t caused by a driver at all. Poor road conditions, broken traffic lights, or bad road design could make a government agency partially at fault. In those cases, you might be able to file a claim against the city, county, or state—but special rules and deadlines apply.
How Fault Affects Who Pays for a PA Car Accident Lawsuit
Pennsylvania uses a rule called modified comparative negligence. This means:
- You can recover damages as long as you’re less than 51% at fault for the accident.
- If you’re partially at fault, your compensation is reduced by your percentage of fault.
So, if you’re 20% at fault and win $100,000, you would only receive $80,000. But if you’re found to be 51% or more at fault, you can’t collect any damages.
How Do You Actually Get Paid After Suing in PA?
Most car accident lawsuits don’t go all the way to trial. Instead, they are settled out of court. Here’s how it works:
Settlements
A settlement is an agreement between you (the injured party) and the at-fault driver’s insurance company. The insurer agrees to pay you a certain amount of money, and in return, you agree not to pursue the case further.
Trials and Verdicts
If no settlement is reached, your case might go to court. If the judge or jury finds in your favor, they’ll award you a certain amount in damages. Again, the insurance company usually pays, not the driver personally.
Distributing the Money
Once a settlement or verdict is finalized, the money is distributed. Medical providers or insurance companies may be reimbursed for care they’ve provided. Your attorney is paid from the settlement (usually a percentage agreed upon before the case began), and the remaining amount goes to you.
Considering a Car Accident Lawsuit? Call Atlee Hall Today
Suing after a car accident isn’t just about assigning blame—it’s often about getting the financial help you need to recover. If you’ve been in a car accident and are unsure of your options, it’s a good idea to talk with an experienced Pennsylvania car accident lawyer at Atlee Hall. We can help you understand your rights, deal with the insurance companies, and fight for the compensation you deserve.
Call (717) 393-9596 or contact us for a free consultation today.
