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While travelling through or visiting the great state Snowbirds can sometimes get into car accidents or other serious accidents in Pennsylvania. Home of the Steelers and the Penguins, Canadians love to take road trips to see some of their favourite teams and players in action.
Unfortunately, serious accidents happen. Travellers need to understand that if they are involved in a car accident, finding a Pennsylvania personal injury lawyer that understands the complexities of cross-border accidents is important. You only have two years to file a lawsuit for either personal injury or property damage. If you do not do so, you are barred from bringing a lawsuit.
Pennsylvania has exceptionally complicated car accident insurance regulations. It is one of a handful of “no-fault” states. This means that each party, regardless of who is at fault, looks to their own insurance company to cover things such as lost wages and medical expenses.
Sounds simple but Pennsylvania auto insurance laws are very complex compared to most since at the time of purchase you need to decide which regime and scheme you chose. The state refers to itself as a “choice no-fault” state. Residents have the option of purchasing auto insurance referred to as: 1) limited tort; or, 2) full tort.
Limited tort means the driver has chosen the no-fault system. If they are in a motor vehicle accident, they will not be able to file a lawsuit against the defendant driver to get compensation. They will, instead, file the claim with their own insurance provider, for medical expenses, lost wages, etc. However, there are some exceptions that allow for personal injury lawsuits if certain thresholds are met. For example, if you have suffered a severe disabling or disfiguring injury, then you may file a lawsuit to collect damages.
Full tort means the driver has opted out of the no-fault system. If they are involved in an accident, they can file a lawsuit against the other driver and their insurance company to receive compensation for all their personal injury claims. The caveat is it is a Modified Comparative Fault Jurisdiction – you must be less then 51% responsible for the accident in which to be able to sue.
To make it even more complicated the state follows Modified Joint and Several liability rules. Defendants found 60% or more liable can be jointly and severally liable. If liability is under 60%, then the defendant is only severally liabile. Joint and Several also applies to intentional torts and Liquor licence violations.
. A driver from a different state or province will have to elect which contractual insurance coverage he wants from his own personal insurer. Your personal coverage is to atone to the State’s car insurance legislation. You will need to compare the terms and conditions to see which in most beneficial to you.
For over 35 years, we have been assisting Canadians and US residents involved in car accidents and other personal injury accidents in the United States. We help you find some of the very best Pennsylvania personal injury lawyers who understand the complexity of cross-border accidents. After a serious car accident or other type of accident has occurred, you will need a lawyer in both the state the accident occurred and in your home province or state. It’s crucial that the two lawyers work collaboratively to ensure your rights and remedies are properly protected.
Both lawyers will share one contingency fee based on the work performed. Since these lawyers work on a contingency basis, you will only pay for the services rendered once your settlement has been received, helping you to focus on your recovery, not your finances.
John A. Caputo, born April 16, 1947, McKees Rocks, PA. Admitted to bar: 1972 (PA). Preparatory and Legal Education: DePauw University (B.A., 1969); Duquesne University School of Law (J.D., 1972). Organizations – Fraternities, Memberships, Fellowships: American College of Trial Lawyers (Fellow); International Society of Barristers (Fellow); American Board of Trial Advocates (Fellow); National Institute of Trial Advocacy (Certified Civil 1992-present, Civil Pre-Trial 2012); American Board of Professional Liability Attorneys (Diplomate, Certified 1994-present); Best Lawyers in America (1995-present); American Association for Justice (Member); Pennsylvania Association for Justice (Member); Fellow, National Trial Lawyers.
1-800-436-0353
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