- When You Can Be Sued
- How Pennsylvania’s Fault Laws Play a Role
- We Can Answer Your Lawsuit Questions with a Free Consultation
Insurance is not complete protection against being sued for a car accident. Certain circumstances can still leave you open to liability, such as failing to report the accident or if the other party suffered serious injuries. However, insurance coverage will generally provide you with an attorney for your defense.
When You Can Be Sued
Car insurance certainly does help protect you from being sued, since its purpose is to pay certain expenses after a crash. Without any coverage at all, you are solely responsible for the cost of an accident — not only your own expenses, but potentially the other party’s expenses as well.
However, you can still be pursued for compensation even with insurance coverage if:
- You didn’t report the accident to your insurance company
- Your coverage is not enough to pay for the other party’s injuries and losses
- Serious injuries are involved
- There is a dispute over liability
- The claimant and your insurance company disagree about the value of their injuries.
Many of these scenarios depend on certain factors, and your insurance company will likely try to avoid a lawsuit if possible.
Failing to Report an Accident
Per 75 Pa. C.S.A. § 3746(a), you are required by law in Pennsylvania to report to the police any accident that causes injury or damage that makes a car undrivable. However, since it can be difficult to gauge the severity of injuries at the scene, it is always best to report the accident. The same logic applies to reporting to your insurance company — keeping them in the loop about an accident helps protect you from problems later.
One of those potential problems is being sued for a car accident despite being insured. Part of your agreement with your insurance company is that they will help you if you keep them informed. If you take too long to notify them, they may not be obligated to cover your accident expenses, possibly allowing an injured party to pursue you directly. The insurance company may also not provide you with a lawyer for the lawsuit.
Insufficient Coverage and Serious Injuries
These two can go hand-in-hand, as the cost of serious injuries can not only exceed your policy limits, but also provide the other party with more grounds to sue.
To put into perspective how quickly serious injuries can exceed your policy limits, keep in mind that Pennsylvania’s minimum bodily injury requirements are $15,000 per person and $30,000 per accident. According to Healthcare.gov, a three-day hospitalization averages $30,000, not including expenses like physical therapy and medication. If the costs of an accident exceed what your insurance covers, you could be sued for the additional expenses.
Liability Disputes
Many car accident cases settle out of court, either before filing a lawsuit or once one has been filed. The settlement process can become complicated if there are significant disagreements over what happened, how it happened, who was responsible, and what the injuries are. Sometimes, that means the case can only be decided in court by a judge or jury.
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Start A Free EvaluationHow Pennsylvania’s Fault Laws Play a Role
Even if you have insurance, your chance of being sued after a car accident can depend on which type of tort coverage the other party has. Tort is a legal term that refers to when a wrong is committed and someone brings a lawsuit against the person responsible.
Pennsylvania drivers can choose their type of tort coverage:
- Full tort
- Limited tort
With full tort coverage, insureds retain the right to sue the liable party for damages like pain and suffering. Whereas with limited tort coverage — the insurance policy of the at-fault party covers economic damages like medical bills and lost income, and waive the right to sue for damages like pain and suffering, unless an exception applies. For instance, if a person suffers a serious injury, then they will not be bound by their tort option when making a claim from your insurance policy.
What is considered a serious injury can vary, but Pennsylvania typically defines it as something that causes:
- Substantial risk of death
- Serious or permanent disfigurement
- Protracted loss of body member or organ function
- Impairment of body member or organ function
What This Means for You
Under limited tort coverage, it is more difficult for an injured party to pursue a lawsuit against you. If you are found at fault for an accident but the other party only carried limited tort coverage, they must prove they suffered serious injuries in order to sue you.
By contrast, if they carry full tort coverage, they can sue you for expenses, lost income, and pain and suffering as long as they prove negligence. The severity of the accident does not affect their ability to sue you.
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Contact Us Now For HelpWe Can Answer Your Lawsuit Questions with a Free Consultation
The car accident lawyers at Berger and Green can help you understand the various laws that apply to automobile collisions. If you have any questions about car accident lawsuits — including how insurance coverage affects your ability to sue or be sued after a car accident — our team is here for you. Call us today at (412) 661-1400 for a free case review.
