Frequently Asked Questions About Pennsylvania Car Accidents
After a car accident in Pennsylvania, you likely have many urgent questions about your rights, your medical care, and how you will pay your bills. Attorney Michael Siddons answers the most common car accident questions below. For a free consultation about your specific case, call Siddons Law Firm at (215) 513-2121.
How long do I have to file a car accident lawsuit in Pennsylvania?
Pennsylvania’s statute of limitations for personal injury claims is two years from the date of the accident. For wrongful death claims, the two-year period begins from the date of death. Missing this deadline means permanently losing your right to sue. However, waiting until the deadline approaches is risky because evidence deteriorates over time — witnesses forget details, surveillance footage is deleted, and physical evidence at the scene is lost. Contact an attorney as early as possible to protect your claim.
What is the difference between full tort and limited tort in Pennsylvania?
When you purchase auto insurance in Pennsylvania, you choose between full tort and limited tort coverage. Full tort preserves your unrestricted right to sue for pain and suffering after any accident, regardless of injury severity. Limited tort is cheaper but significantly restricts your right to recover pain and suffering damages — you can only recover these damages if you prove you sustained a “serious injury” as defined by Pennsylvania law. Serious injuries generally include death, serious impairment of body function, or permanent serious disfigurement. Even with limited tort, exceptions exist that may restore your full rights, including situations where the at-fault driver was convicted of DUI, was from out of state, or was driving without valid insurance.
Should I see a doctor after a car accident even if I feel fine?
Yes, absolutely. Many serious car accident injuries do not produce immediate symptoms. Concussions and traumatic brain injuries may not show symptoms for hours or days. Herniated discs can take days to become painful as inflammation develops. Internal bleeding can be life-threatening and may not produce obvious symptoms initially. Soft tissue injuries often worsen over the days following an accident as swelling increases. Additionally, insurance companies use gaps in medical treatment to argue that your injuries are not related to the accident or are not as serious as claimed. Seeking prompt medical attention protects both your health and your legal claim.
What if the other driver does not have insurance?
If you are hit by an uninsured driver, your own uninsured motorist coverage is your primary source of recovery. Pennsylvania requires insurers to offer UM coverage to all policyholders. If you purchased UM coverage, you can file a claim with your own insurance company for medical bills, lost wages, and pain and suffering. If you also purchased underinsured motorist coverage, it provides additional compensation when the at-fault driver’s insurance is insufficient to cover your damages. These claims can be complex because you are essentially suing your own insurance company, which has a financial incentive to minimize your payout.
How much is my car accident case worth?
The value of a car accident case depends on several factors including the severity of your injuries and whether they are permanent, the total cost of your medical treatment, how much income you have lost and whether your earning capacity is diminished, the impact of injuries on your daily life and activities, the strength of evidence proving the other driver’s fault, your insurance coverage type — full tort or limited tort, and the available insurance coverage of all parties. Minor soft tissue injury cases may settle for thousands to tens of thousands of dollars. Cases involving surgery, permanent impairment, or wrongful death can result in settlements and verdicts of hundreds of thousands to millions of dollars.
Will my case go to trial?
The vast majority of car accident cases settle before trial. However, some cases must go to trial when the insurance company refuses to offer fair compensation, when liability is seriously disputed, or when injuries are so severe that the case value exceeds what the insurer is willing to pay voluntarily. Our firm prepares every case as if it will go to trial, which actually strengthens our negotiating position because insurance companies know we are willing and prepared to try the case if they do not offer a fair settlement.
What if I was partially at fault for the accident?
Pennsylvania follows a modified comparative negligence system. You can still recover compensation as long as you were not more than 50 percent at fault for the accident. Your award will be reduced by your percentage of fault. For example, if a jury determines your damages are five hundred thousand dollars but you were 25 percent at fault, you would receive three hundred and seventy-five thousand dollars. Insurance companies routinely try to attribute more fault to accident victims than is warranted. An experienced attorney will fight to minimize any fault attributed to you.
How long does a car accident case take?
The timeline varies significantly depending on the complexity of the case and the severity of injuries. You should not settle your case until you have reached maximum medical improvement, meaning your doctors have determined that your condition has stabilized and they can project your future treatment needs. Simple cases with clear liability may resolve in several months. Cases involving serious injuries, disputed liability, or multiple parties typically take one to two years or longer. Rushing to settle before understanding the full extent of your injuries almost always results in undervaluing your claim.
Do I really need a lawyer for a car accident?
While you are not legally required to hire an attorney, statistics consistently show that accident victims represented by lawyers recover significantly more compensation than those who handle claims on their own — even after attorney fees. Insurance companies have teams of adjusters, investigators, and lawyers working to minimize your claim. Without an attorney, you are negotiating against professionals who handle thousands of claims and know exactly how to reduce payouts. An experienced car accident lawyer understands the true value of your injuries, knows how to gather and present evidence effectively, handles all communications with insurance companies, and is prepared to go to trial if necessary.