FREQUENTLY ASKED QUESTIONS
PENNSYLVANIA AUTOMOBILE ACCIDENTS

Q. Having read the difference between "no-fault" and "at-fault," what kind of State is Pennsylvania?

A. Pennsylvania is a confusing combination of both "no fault" and "at fault." The law is so complicated that even attorneys don't understand the complexities of Motor Vehicle Financial Responsibility Act, so it is strongly recommended that you consult an attorney who concentrates on automobile accidents in the event of an injury from an automobile accident. Regarding medical expenses and wage loss benefits, insurance is "no fault," and each insured looks to his/her own automobile policy for benefits, regardless as to the cause of the accident or whether the insured was personally responsible for his injuries.

Regarding pain, suffering, and other non-economic loss, benefits are "fault" based, and the person who acted negligently and caused another's injuries is responsible for compensating the injured for his/her damages.

Q. As was discussed in the above questions and answers, does the Commonwealth of Pennsylvania invalidate the family member exclusion like some states do?

A. Yes. If you are the passenger in a vehicle driven and insured by a family member, and that family member causes an accident in which you obtain injuries, you may bring a lawsuit against that family member's insurance to recover money for your pain and suffering regardless of exclusion in the insurance policy. On the most part, any passenger may recover for damages from an accident caused by the driver's carelessness so long as the passenger did not cause the accident himself/herself.

Q. What is Pennsylvania's law regarding seat belts?

A. A passenger is not barred from suing the negligent driver for failing to wear a seat belt, but the Defendant may limit the Plaintiff's claim for damages if the Defendant can prove that wearing a seat belt would have prevented the injuries from occurring, or reduced the seriousness of the injuries sustained.

Q. What is the law in Pennsylvania regarding whether I can be sued for loaning my car to a friend who was involved in an accident?

A. In Pennsylvania, you can be sued for loaning your car to a friend under a theory of "negligent entrustment." Negligent entrustment means that it is negligent to permit another to borrow one's vehicle and drive the car if the loaner knows or should know that the person intends to or is likely to use the vehicle or drive in such a manner as to create an unreasonable risk of harm to others. Examples of this situation can be: a) lending a vehicle to minor children who just obtained their licence but do not have experience in rush hour traffic or expressway driving; b) lending a vehicle to potential drivers who are visibly intoxicated, or lending the Porsche to a friend for the big drag race on Saturday night.

The mere fact that you lend a vehicle to someone else who then gets in an accident will not in and of itself implicate the car owner in liability. However, the insurance company will cover the accident and be responsible for the damage caused by the negligent driver, which could result in the car owner having to pay higher premiums.

Q. What is Pennsylvania's Law regarding comparative negligence? Suppose I am sixty percent at fault for making a U-turn which caused a collision, but the other driver was speeding and was forty percent at fault. Can I still recover forty percent (40%) of my injuries?

A. No. In order to recover for your injuries in Pennsylvania, you must establish that the other driver was fifty percent (50%) or more negligent, and you must be less than fifty percent (50%) negligent or less.

Q. What is limited tort?

A. Limited tort is Pennsylvania's version of the "verbal threshold" mentioned in the earlier FAQs. The Pennsylvania Motor Vehicle Financial Responsibility Act requires insurance companies to give insureds the option of selecting "Limited Tort" or "Full Tort," with the full tort option being only slightly more expensive than the limited tort option. Although limited tort is touted by auto-insurance companies as a way for an insured to reduce auto-insurance premiums, the limited tort option severely reduces the insured's ability to receive compensation for injury while only marginally reducing the premium expense.

Q. What is the effect of selecting "limited tort?"

A. For a limited tort insured to recover for personal injuries for pain and suffering, the insured must establish that he has sustained a serious and/or permanent injury, which has been defined by the courts as a "serious impairment of a bodily function." Only a small fraction of accidents meet this description, and the effect of limited tort can preclude an injured person from receiving compensation from an auto accident which caused several months of temporary disability from work. By selecting limited tort, the insured gives up thousands of dollars in potential benefits in exchange for a comparatively negligible reduction in premiums.

Q. What is uninsured and underinsured motorist coverage?

A. Like the names suggest, uninsured motorist coverage gives protection and provides compensation for injuries and damages caused by an uninsured or underinsured driver -- one who's negligence causes damages in excess of their available insurance coverage.

Q. What is the purpose for obtaining uninsured motorist or underinsured motorist benefits?

A. With the increasing cost of insurance, more car owners than ever are driving without insurance. Uninsured drivers are less likely to own property worth protecting with insurance than insured drivers and property owners because they have nothing to lose in the event that their negligence should cause serious injury. Insurance provides you with protection in the event a negligent driver is either uninsured or insured for less than would legally compensate you for your injuries.

Q. If I get injured in a car accident but I do not have insurance, can I still sue and recover for my injuries?

A. Yes. If you do not own a registered vehicle and no one in your household owns a registered vehicle, you are considered to have full tort, and can obtain medical and wage loss benefits through another car's insurance which was involved in the accident. If no other vehicle involved in the accident had insurance, then you can some obtain benefits under the assigned claims plan, a Commonwealth agency.

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