Your rights if you are injured in a car accident in Pennsylvania are determined by legislation called the Motor Vehicle Financial Responsibility Law. This is the basic (but still very complicated) law that applies to motor vehicle insurance in Pennsylvania.
There are two types of auto insurance coverage you can purchase in Pennsylvania. One is known as the “limited tort option,” and the other known as the “full tort option.”
If you have selected the limited tort option or if you are bound by someone else’s selection of limited tort, you are precluded from bringing an action for non-economic damages (frequently known as your pain and suffering) unless you either exceed one of the thresholds or fall within one of the exclusions. The most common threshold is known as a “serious injury,” which is defined as a personal injury resulting in death, permanent and serious disfigurement or serious impairment of a bodily function.
If you elected the full tort option (or are considered as having a full tort option for some other reason under the statute), you then may bring an action for all of your injuries, including your pain and suffering.
At Hamburg, Rubin, Mullin, Maxwell & Lupin, our auto accident attorneys are fluent with the lingo of insurance documents and can help you understand your rights as well as the limitations of your insurance. Our lawyers have tried hundreds of auto, truck and motorcycle accident cases throughout Pennsylvania – including one car accident case that resulted in a high six-figure verdict. Our lawyers have also settled car accident cases in excess of one million dollars.
We employ private investigators who can be dispatched quickly to the accident scene. We also hire accident reconstructionists both for determining the fault as well as the crashworthiness of the vehicle. Our team of paralegals are experienced in providing the support services to our lawyers and obtaining the medical records and other data that is necessary to prove your case. Our lawyers are skilled in the jury selection process and have experts on board to testify.
Our lawyers offer a free initial consultation for personal injury cases.