Speeding seems to be a major concern for residents living in Pittsburgh as it has served as a factor in many of the serious and fatal crashes that occur in the city. If you were hit by a speeding driver in PA, you may have a viable case against them. However, before assuming you can file a personal injury lawsuit and recover compensation for the impact the accident has had on you, you must understand Pennsylvania’s insurance laws and how they apply to the situation.
Understanding Pennsylvania’s Auto Insurance Laws
Pennsylvania, like all other states, requires its driver to carry certain amounts of car insurance coverage to protect them in the event of an accident. For example, motorists are given the option to either purchase full or limited tort coverage. Limited tort coverage is cheaper and still allows you to recover all out-of-pocket medical expenses as well as compensation for certain losses associated with the accident. However, limited tort coverage will not pay for certain things such as pain and suffering unless your injuries are considered to be serious.
With full tort coverage, “you retain unrestricted rights to bring suit against the negligent party.”
Now, when a driver engages in a crash, they are expected to file a claim with their insurer after having sustained injuries, regardless of whether they caused it or not seeing that Pennsylvania follows no-fault insurance laws. This means if the other driver was speeding, you would first attempt to recover compensation from your insurer for your injuries. In the event your losses associated with your injuries exceed your policy limits, then you may be able to sue the other driver depending on what type of tort coverage you purchased.
If you purchased limited tort coverage, you may not be able to recover compensation for certain damages such as pain and suffering, that is unless you can prove that the injuries you suffered were serious in nature. Examples of serious injuries include you becoming disfigured or disabled. Now, if you opted for full tort coverage, then you can file a lawsuit against the other driver and will not be restricted from requesting compensation for injuries that are considered to be less serious.
It can be difficult for an accident victim to understand what their legal rights are after engaging in an accident with a speeding driver in Pittsburgh, PA, especially if the injuries you suffered are serious or catastrophic. Rather than try and figure out what legal remedies are available to you that would help you recoup the money you need, why not contact Scanlon & Wojton to speak with a skilled Pittsburgh, PA accident lawyer. The accident attorneys at this firm are available now to discuss the traumatic event you were recently involved in and determine if you have the grounds to file a lawsuit.