Pennsylvania Car Accident Lawyer

Whose insurance pays my medical bills after a Pennsylvania crash?

Your own auto insurer usually pays first. Pennsylvania requires every policy to include first-party medical benefits, and those benefits are generally primary for crash injuries, regardless of who caused the crash.

The required minimum is small, and many people buy more. Once your first-party benefits are used up, your health insurance typically takes over, and the at-fault driver's liability coverage pays at the end of the claim. Medical providers who treat crash injuries usually bill the auto insurer first, and amounts paid under these benefits are often limited by set payment rules. If your first-party carrier refuses to pay for treatment, it may send the bills for a review process. Do not stop treating because of a denial. Call us instead.

Wage loss, funeral and other first-party benefits are available only if you bought them, so pull your declarations page and see what you have.

How does my tort option change the value of a car claim?

Full tort keeps your right to recover pain and suffering after any crash. Limited tort generally requires a serious injury, unless an exception applies, so the medical evidence becomes the center of the case.

For limited tort drivers, the key question is whether the injury caused a serious impairment of a body function. That is judged by how the injury affected your life, not just by a diagnosis. Consistent treatment, imaging and doctor notes about work limits and daily activities all help. Gaps in care are used against you. When a case is close, a court or jury may decide whether the threshold is met.

Can I use my own uninsured or underinsured coverage?

Often, yes, but it depends on choices made when the policy was bought. Pennsylvania insurers must offer uninsured and underinsured motorist coverage, and drivers can reject it in writing or choose to stack it across vehicles.

Stacking means combining coverage limits for each vehicle on the policy, which can multiply what is available after a serious crash. Rejection and waiver forms must meet strict requirements. We review them carefully, because a defective form can mean more coverage than the insurer first admits. Underinsured coverage is especially important in Pennsylvania, where many drivers carry low liability limits.

How is fault divided in a Pennsylvania intersection crash?

Each driver is assigned a percentage of fault, and your recovery is reduced by your share. Pennsylvania bars recovery if you are more than 50% at fault.

Picture a collision on a busy Philadelphia boulevard. You are going straight through a green light, and a driver turns left in front of you. Your damages are $100,000. The other insurer claims you were speeding and assigns you 30% of the fault. If a jury agrees, you recover $70,000. At 50%, you would recover $50,000. If the jury found you 51% at fault, you would recover nothing. Video from nearby businesses, signal timing records and vehicle event data can reduce your share.

When more than one driver caused the crash, Pennsylvania's Fair Share Act generally limits each defendant to its own share of the damages, unless it is found 60% or more at fault. That makes it important to identify every driver and vehicle owner involved.

Which Pennsylvania driving conditions lead to disputes?

Snow squalls, lake-effect storms near Erie, steep grades in the mountains and dense city traffic all shape Pennsylvania crash claims. Weather is not a defense on its own, because drivers must slow down and leave more room when conditions change.

Common patterns include multi-car crashes on I-80 and I-81 during sudden whiteouts, rear-end collisions in Pittsburgh tunnel backups, and turn-across-traffic crashes on urban arterials. Rideshare and delivery drivers add questions about which policy applies, covered on our rideshare and taxi accidents page. If a tractor-trailer was involved, see our Pennsylvania truck accident guide.

What should I do now, and how long do I have?

Most Pennsylvania car accident lawsuits must be filed within 2 years. Claims involving a government vehicle, such as a transit bus or township truck, generally require written notice within 6 months.

1. Find your declarations page and check your tort option and coverages.
2. Report the crash to your insurer to start first-party benefits.
3. Keep every bill, explanation of benefits and pay stub.
4. Avoid recorded statements to the other insurer until you get advice.

If you were walking or biking when hit, our pedestrian accidents page explains your options. More general information is on our Pennsylvania injury law page. Our team offers a free case review, and you pay no fee unless we win.