After suffering a car accident that results in injuries in Pennsylvania, your life can change dramatically. You will be faced with paying medical bills and having reduced earning capacity if the injury makes you unable to work.
You can recover compensation for your losses by filing a claim, but the question of how to go about it may be tricky, considering Pennsylvania is a no-fault state. This guide looks into the complex Pennsylvania liability personal injury claims and can offer you the information you need to kickstart your claim. No matter the nature of your case, speak to a Pennsylvania personal injury lawyer Jeffrey P. Lowenthal of Lowenthal & Abrams, Injury Attorneys.
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Understanding Pennsylvania Choice Fault Laws
Pennsylvania is among three states that offer its drivers the choice between no-fault and tort insurance coverage.
If a driver chooses the no-fault option, they get the advantage of lower premiums. In the event of an accident, the driver must first file a claim with their insurer, where the recoverable damages are limited to out-of-pocket expenses and property damages suffered in the accident. They can only pursue a claim with the at-fault driver if the damages suffered exceed their PIP coverage limit.
The no-fault system is more like the default system, but drivers can opt for fault-based coverage. It comes at relatively high premiums, but it allows victims to pursue a claim from the at-fault party’s insurer, and the types of damages they can recover are not limited.
What Is a Third-Party Claim
If you are on the no-fault system, you can only file a claim with your insurer first, also known as a first-party claim, irrespective of who was at fault for an accident. A third-party claim, on the other hand, is a claim that you file against the at-fault party’s insurer.
You can file a third-party claim under two circumstances. First, when you are on the no-fault system, but damages exceed your policy limit, you would have to seek further compensation from the at-fault party’s insurer, and second, if you are on the fault-based option. Knowing your rights during this time can help in the long term.
The Claims Process for Third-Party Liability
The first step in the third-party claims process is sending a demand letter. The demand letter should contain the basic details of the accident, such as dates, location, your name and contact information, the defendant’s name, injuries suffered, property damage, and the losses sustained.
A defendant can offer to settle at this point, but most wait until they understand the full scope of the claim in the discovery phase. If you do not get a resolution at this phase, the next step would be filing a claim and serving the defendant, where they will be given time to respond.
If their response does not include agreeing to settle, your claim will go to the discovery phase, where you exchange evidence. This phase allows both sides to size up their opponent’s case, which helps advise the recommended course of action. In most cases, negotiations will begin, with most cases reaching a consensus. If not, your case will go to trial, where a jury or a judge will decide the outcome of the case.
You Will Need a Lawyer
You can navigate the process alone. However, the opposing side will try to deny liability or minimize their responsibility in an accident. So, facing them without a lawyer can leave you vulnerable.
The only way to ensure you are on level ground is to get a lawyer on your case, too. The good thing is you only pay if they win your case, and you have a better chance of getting fair compensation.
Conclusion
Understanding liability in personal injury cases is essential. It helps determine who was at fault and how much compensation the victimized party deserves. A lawyer can help you calculate losses and understand the path forward.
