PENNSYLVANIA – September 29, 2020

After a motor vehicle accident occurs in Pennsylvania, an accident report must be filed with the Pennsylvania Department of Public Safety within five days from the mishap if collisions result in death, injury, or significant property damage.  Full compensation for damages can be accomplished after the assessment of personal injury and property damage losses, but personal injury protection (PIP), commonly referred to as “no fault” insurance, addresses timely payouts to accident victims.  Pennsylvania’s  “modified comparative negligence” rule allows accident victims to recover damages in addition to PIP in an accident insurance claim and/or lawsuit, but the amount of compensation will be reduced by each party’s percentage of fault when it is less than 51 percent.

No fault.

Under Pennsylvania’s no-fault system, a driver may turn to his, or her own insurance company for compensation of injuries up to the personal injury protection, or “PIP”  limit, regardless of fault.  Drivers also have the right to circumvent Pennsylvania’s no-fault law and proceed directly against the at-fault driver under certain circumstances, including accidental death claims.  PIP is an extension of standard car insurance that was set up to cover medical expenses, lost wages, and other accident-associated costs in certain cases, regardless of fault.

 Negligence.

When an individual is injured because of the actions of another driver, it is important to contact an experienced accident attorney to assist with questions and initiate legal action within the two year statute of limitations to seek compensation for injuries and damages associated with the accident.  No fault insurance will address the immediate needs of accident victims, while insurance claims and litigation are moving forward.  The recovery of damages is often contingent upon proving that the individual, or entity was negligent, they caused the injury and owed a duty of care to the victim.

Damages.

When negligence can be proven, compensation for any loss sustained as a result of a vehicle accident may be possible in the State of Pennsylvania.  Call an accident attorney who can help support negligence by assigning  “fault” in a legal proceeding that addresses property damage, physical injuries, and untimely death.  Damages that may be recovered include:

  • Medical bills
  • Current and future compensation losses
  • Pain and suffering
  • Loss of care, companionship
  • Estate administration expenses
  • Funeral expenses.
  • Punitive damages on a case-by-case analysis depending on egregious harmful acts that cause harm to a victim.

Seek legal counsel.

Vehicle accidents are complex and often require extensive accident report review and research. It is prudent to contact an experienced accident attorney at Scanlon & Wojton, LLC, who can exercise their best legal practices to ensure a positive result, whether it is through direct interaction with the insurance companies for claim processing, or with the court system, when disputes over fault arise.

Scanlon & Wojton, Attorneys at Law

The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pa 15219

Phone:  (412) 918-1241

Fax: (412) 235-7275

Sources:

https://www.dot.state.pa.us/Public/DVSPubsForms/BMV/BMV%20Forms/AA-600.pdf

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.024.000..HTM

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM

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