Being involved in a car accident is stressful, and the confusion often gets worse when medical bills, vehicle repairs, and lost wages start adding up. If you’re considering filing a lawsuit after a crash in Pennsylvania, one of the most common questions is: who actually pays when you sue after a car accident?
This guide explains how Pennsylvania car accident lawsuits work, who may be financially responsible, and what your rights are after a crash.
Pennsylvania’s Car Insurance System Explained
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 You Might Need to Sue After a Car Accident
You might decide to sue after a car accident for a few different reasons:
- Your medical bills exceed PIP limits. Once PIP runs out, the at-fault party may be responsible for remaining expenses.
- You suffer serious or long-term injuries. With full tort, or a qualifying limited tort exception, you may seek compensation for pain, suffering, and emotional distress.
- The insurance company refuses to pay fairly. Denied claims or low settlement offers may leave a lawsuit as your only option.
Special Situations That Can Affect Liability
Not every car accident follows the same pattern, and specific circumstances can change who may be legally responsible for your injuries. Factors like multiple drivers, work-related crashes, or government involvement can complicate liability and affect how and where you pursue compensation.
Understanding these special situations can help you protect your rights and avoid costly mistakes as your claim moves forward.
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 for Filing a Lawsuit
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 Sue After a Car Accident in PA?
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 Compensation in Pennsylvania
Pennsylvania employs a rule known as 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 You Get Paid After a Car Accident Lawsuit
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
Most Pennsylvania car accident cases resolve through settlements. A settlement is an agreement between you (the injured party) and the at-fault driver’s insurance company. The insurance company agrees to pay a negotiated amount in exchange for ending the case.
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. Which the insurance company usually pays, not the driver personally.
Distribution of Funds
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 Atlee Hall (717) 393-9596 or contact us for a free consultation today.
