Canadians involved in car accidents in Pennsylvania
Pennsylvania car accidents sometimes involve snowbirds visiting or travelling through the state. These travellers need to understand that if they are involved in a car accident (Statute Section 42-5524), they have two years to file a lawsuit for either personal injury or property damage. If they do not do so, they are barred from bringing a lawsuit.
Pennsylvania is one of a handful of “no-fault” states. This means that each party, regardless of who is at fault, collects compensation such as lost wages and medical bills from their own insurance company.
US states have low mandatory motor vehicle liability policies. Pennsylvania’s minimal coverage is $15,000.
Pennsylvania auto insurance laws are very complex compared to most. It refers to itself as a “choice no-fault” state. Residents car insurance policy holders are given two options when purchasing auto insurance. 1) limited tort; and, 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 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 of their personal injury claims.
So what happens if a “Pennsylvania snowbird” is involved in an accident outside of their home state? Interestingly they have very distinctive rights and remedies subject to the insurance coverage they purchased.
Since 1981, we have been helping seriously injured motorists get the treatment and care they need to recover from their injuries and to receive compensation for their losses. We understand that it is not only the injured party that may require assistance, as often it is loved ones that face significant challenges in helping the accident victim.
Cross Border Car Accident Claims are very complicated. We arrange for you to speak to some of the best Personal Injury Attorneys in Pennsylvania who are familiar with cross border accidents. They work collaboratively with lawyers and attorneys in other jurisdictions in order to protect your legal rights and remedies.
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.