Whose insurance will have to pay if an out-of-state driver hits my car in Pittsburgh?
Pennsylvania – June 7, 2022
Motor vehicle accidents and related insurance responsibility will follow the laws of the state where the accident occurred. If an accident occurred in Pittsburgh, it would fall under Pennsylvania’s “choice no fault” laws, meaning that the drivers who are injured in a car accident must first file claims with their own auto insurance coverage for medical expenses and lost wages up to a policy’s capped amount. There may be unanswered questions regarding expenses above no fault limits and victims may wonder “Where can I find attorneys near me?” to assist with guidance and necessary litigation to recoup all losses resulting from an accident with an out-of-state driver.
Severe injury.
A claim can be filed against the at-fault driver if the accident resulted in serious injuries. According to Pennsylvania courts, this means serious impairment of a body function or permanent and serious disfigurement. Drivers in Pennsylvania may choose between no-fault and traditional car insurance when they buy their insurance. Under traditional car insurance rules, drivers may file a legal claim against an at-fault driver after an accident, regardless of the seriousness of the resulting injuries.
In Pennsylvania, the minimum amounts of coverage are:
- $15,000 per person for personal injury protection (PIP)
- $30,000 total per accident, for PIP
- $5,000 per accident for property damage,
- $5,000 in no-fault PIP coverage.
Penalties for driving without car insurance in Pennsylvania may include:
- a minimum of $300 fine for driving uninsured
- a three-month suspension of your vehicle registration
- a three-month suspension of your driver’s license
- a $50 restoration fee to restore your vehicle registration, and
- a $50 restoration fee to restore your driver’s license.
Pennsylvania is a “choice no-fault” car insurance state.
The law requires Pennsylvania drivers to have minimum coverage limits for medical benefits and liability coverage and if they are in an accident, even at the fault of another, their own insurance will pay medical expenses and lost wages up to the policy limit. Insureds also have the right to sue the at fault driver for additional medical expenses, lost wages, and other damages for pain and suffering. This is the point where the liability insurance of the other driver comes into play or venue will need to be decided based on the licensure of the at-fault out-of-state driver.
It is common for a person injured in a car accident to file a lawsuit in the state where the defendant resides, or where the car accident occurred. Venue is important because state laws may play in favor of larger jury awards or reduced capitations on punitive damages for instance so it is best to hire an experienced car accident attorney who can guide accident victims through the legal process.
Hire a Lawyer.
If a lawsuit or insurance claim is necessary to recover damages from an out-of-state driver, accident victims will need to seek the advice of an accident lawyer in Pennsylvania to determine their options and liabilities depending upon the designated fault by both drivers.
Scanlon & Wojton, Attorneys at Law
The Mitchell Building
304 Ross Street, Second Floor
Pittsburgh, Pa 15219
Phone: (412) 918-1241
Fax: (412) 235-7275
Sources.
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