If you have been involved in a Pennsylvania car accident, you may have a lot of questions. Who will pay for your medical bills and lost wages? Can you get compensated for pain and suffering? What if the other driver does not have adequate coverage? Understanding the basics of Pennsylvania motor vehicle laws will help you better understand your rights, and our Harrisburg car accident lawyers are happy to help.
MedPay
If you are injured in a Harrisburg car accident, your own insurance will typically pay first. Pennsylvania drivers are required to carry at least $5,000 in medical payments (MedPay) coverage. MedPay allows you and your passengers to be reimbursed for ambulatory services, hospitalizations, surgeries, and other treatment related to your accident. This coverage applies regardless of who caused the crash, with additional medical coverage of $100,000 available and up to $1.1 million available in extraordinary medical benefits. Once your MedPay coverage is exhausted, you can submit your medical bills through your health insurance.
PIP
Drivers also have the option to purchase additional PIP (Personal Injury Protection) benefits, with options to purchase income loss benefits, funeral benefits, accidental death benefits, or aggregate benefits. The amount you may be reimbursed will be based on your policy limits. Like MedPay, PIP is also a first-party benefit, which applies regardless of fault.
Under 75 Pa.C.S. §1715(a), income loss benefits must cover at least $2,500 per month for a maximum total benefit of $50,000. Funeral benefits coverage is $2,500, and there is an accidental death benefit limit of $25,000. If you purchase aggregate benefits, you must carry at least $177,500 in aggregate benefits (the total amount your insurer will pay for all claims) or benefits for all claims filed within three years of the accident.
Liability Coverage
If the other driver was at fault, you may file a claim through their liability insurance. Pennsylvania drivers are required to carry at least $15,000 in bodily injury coverage per person, $30,000 for bodily injury coverage per accident, and $5,000 in property damage coverage. Higher limits are available for each, but this is the minimum coverage required under state law.
Limited Tort vs. Full Tort Coverage
The Commonwealth is a choice no-fault state, permitting drivers to choose between limited tort or full tort coverage.
Limited Tort Coverage
Limited tort insurance covers financial losses, such as medical bills, lost wages, vehicle damage, and any out-of-pocket expenses. Although pain and suffering damages are not covered, you may qualify if you suffer a serious injury or meet another statutory exception.
Full Tort Coverage
Full tort insurance provides compensation for financial losses and pain and suffering damages. For example, if your crash leaves you with chronic knee pain, you may be able to recoup non-monetary losses, such as emotional distress, permanent disability, and loss of enjoyment of life. Having full tort insurance coverage allows you to exit the no-fault system and file a personal injury lawsuit against the other party.
However, full tort insurance has drawbacks, including more costly premiums, which is why many drivers decline purchasing this type of coverage. If you are unsure of what type of coverage you have, you should review the declarations page of your insurance policy.
Reach Out to Our Harrisburg Car Accident Attorneys Today
Knowing your auto insurance benefits is key to recovering the compensation you deserve following a crash. At Shollenberger Januzzi & Wolfe, LLP, our team of professionals will take the time to sit down with you to review your policy benefits and what coverage may apply for each claim. To get started, contact our Harrisburg car accident attorneys to schedule your free consultation. Our office can be reached online or by calling (717) 229-6580.