Auto Accident / Personal Injury Laws

In Pennsylvania, claims arising out of automobile accidents are governed by the Motor Vehicle Financial Responsibility Law and the cases handed down by our Courts interpreting this Law. A person injured in a motor vehicle accident may seek certain types of compensation from the at-fault party, depending on their role in the accident and the insurance coverage available to them.

A person’s own insurance company, or the company that issued the policy under which they are covered, is responsible for paying medical expenses up to the limits specified in the policy. Once these limits are exhausted, private health insurance, if available, takes over. People often wonder why their own insurance carrier should have to pay anything, at all, if they were not at fault in the accident. Pennsylvania is a “no-fault” state, which requires this by law. You (or the policyholder) pay for this coverage, and the premiums should not go up if it is used.

If an individual is covered under an automobile insurance policy, he/she will be considered “limited tort” or “full tort,” depending on several factors. It is extremely important to know that this is your choice, and your insurance company must offer both options to you when purchasing a policy. Those with limited tort status are limited to recovering only “economic” damages. This means that quantifiable losses caused by injuries sustained in an accident—such as unreimbursed wage loss and medical expenses, etc.—can be recovered, but no “non-economic” damages—such as pain and suffering, loss of life’s enjoyment, etc.—can be sought. There are certain exceptions to this rule, that qualify individuals with limited tort coverage for full tort benefits, which our attorneys are equipped to find and handle.

An individual with full tort status has access to a recovery of both economic and non-economic damages. Non-economic damages are best-described as losses on which a specific dollar figure cannot be placed. The value of these losses depends on numerous factors, which our attorneys are very well suited to evaluate. As an aside, it is always better to have full tort over limited tort coverage. The premiums generally are not much more, and, if making a claim, full tort coverage ensures that you will be fairly compensated for all of your losses, not just the economic ones.

If the fair settlement value of a claim exceeds the coverage limits of the policy for the at-fault driver, or if the at-fault driver has no coverage at all, then an individual may seek compensation from the underinsurance or uninsurance coverage purchased under his/her own policy (or the holder of the policy providing coverage to the individual in the accident). This type of coverage is extremely important to have, since many drivers in today’s world are uninsured/underinsured. Again, our attorneys can tell you whether this coverage is available and to what extent.

Presenting an auto claim to an insurance company—in the right way—can be very complicated and time-consuming. Before that time comes, a multitude of questions arise regarding medical treatment, wage loss and available insurance coverage. For example, even though someone might not have a herniated disc in their neck or back, the trauma from the accident could have aggravated a pre-existing condition, causing them to become symptomatic. The law says that this type of injury is as compensable as a herniation actually caused by the accident. As another example, sometimes, multiple insurance policies and coverages are at issue. It is very important for the injured person to avail himself/herself of all the potential compensation available, so that they can achieve a fair and comprehensive resolution to their claim and make sure that they are financially taken care of in the future.

At Georgelis Law Firm, we allow you to concentrate on getting better—we will handle everything else...

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