Is Pennsylvania a No-Fault State?

On This Page

1. What Types of Auto Insurance Are Available in Pennsylvania?
2. What Damages Can You Seek Compensation for in Pennsylvania?
3. Should I Hire a Personal Injury Lawyer for an Accident in Pennsylvania?
4. Call Berger and Green Today to Discuss Your Case

REVIEWED BY

C. William Kenny

December 12, 2023

Board certified by National Board of Trial Advocacy

Pennsylvania provides for the no-fault payment of your initial medical expenses and wage losses up to the limit of coverage you had selected.  These benefits are paid by your insurer and are not dependent on proof of fault. Once you exceed your coverage limits, you may seek coverage from the at-fault motorist’s insurer.

What Types of Auto Insurance Are Available in Pennsylvania?

The Pennsylvania Insurance Department (PID) notes that motorists in the state must have a minimum of:

• $5,000 in medical benefits coverage for treatment for a motorist and their passengers
• $15,000 in bodily injury liability coverage per person
• $30,000 in bodily injury liability coverage per accident
• $5,000 in property damage liability coverage

Motorists may purchase an all-purpose insurance policy. Such policies offer $35,000 in combined coverage for property damage liability and bodily injury liability. 

Limited Tort Insurance Policies

When you purchase an auto insurance policy in Pennsylvania, you have two options: limited tort or full tort. Limited tort policies generally have lower premiums, and for good reason. If you have a limited tort policy, you:

• May sue a liable party for medical treatment in excess of your first party coverage
• May sue a liable party for income loss in excess of your first party coverage
• May sue a liable party for certain other monetary damages
• May not sue a liable party for pain and suffering and other non-economic losses, unless they have suffered serious injuries or another exception to limited tort applies.

An attorney from our firm can explain the specifics of your limited tort policy.

Full Tort Insurance Policies

If you have a full tort policy, you will likely pay slightly higher premiums because you retain the right to sue for all accident-related damages.

In our experience, many people who have chosen full tort and are able to obtain a full recovery are glad that they did not give up this important right for modest cost savings.  On the other hand, many drivers regret a limited tort election if they are injured in a crash and have their recovery limited as a result.

Property Damage

An important exception to coverage limits is property damage. If an at-fault party damages your vehicle, you can sue for all necessary repairs. This may include the total replacement of your vehicle if damage is extensive.

What Damages Can You Seek Compensation for in Pennsylvania?

Your specific insurance policy may determine your recoverable damages. Both limited tort and full tort policies allow you to seek coverage for monetary losses. These losses may include:

• Vehicle repairs
• Repair or replacement of non-vehicular personal property
• Lost wages
• Temporary transportation 
• Injury-related expenses, like medications, rehabilitation, and medical equipment

If you have a full tort policy or suffered serious injuries in the accident, you may seek coverage for non-economic losses such as pain and suffering, which generally includes:

• Physical pain
• Emotional anguish
• Lost quality of life
• Lost physical abilities
• Cognitive harm
• Sleep disturbance
• Unsightly abrasions and scarring

In the case of a wrongful death, you may also seek compensation for:

• Grief 
• Lost companionship of a spouse
• Loss of a parent or child 
• Lost financial support from your close family member 

Our team will review your insurance policy. We’ll investigate your accident and determine which of your losses are recoverable.

Should I Hire a Personal Injury Lawyer for an Accident in Pennsylvania?

Hiring a personal injury lawyer serves several purposes. When you hire a lawyer from our firm, you:

• Can focus completely on your recovery
• Gain access to all of the firm’s resources—investigators, experts, paralegals, attorneys, and more
• Can avoid the stress of an insurance claim or lawsuit

Our team knows the laws and rules governing Pennsylvania’s civil system. We know the deadlines for filing claims and lawsuits. We’ll complete your case with the necessary urgency.

What does a Personal Injury Attorney Do for Accident Victims?

Your lawyer will answer any questions you have about Pennsylvania’s no-fault system. They’ll explain their strategy for your case and provide regular updates. As you recover, our team will:

• Gather evidence from your accident
• Review your insurance policy
• Avoid pitfalls that arise from dealing directly with the insurance company or defendant
• Communicate with insurance companies
• Identify all liable parties
• Determine the cost of your damages
• Determine if insurance covers your losses
• File your claim or lawsuit if necessary
• Negotiate with insurance companies
• Negotiate with attorneys (in the case of a lawsuit)
• Seek the most beneficial outcome for you

We can hire experts at no additional cost to you. These experts may testify or even reconstruct your accident, showing how the collision occurred. This may help prove who is at fault for the accident. 

Don’t Seek Justice onYour Own

Pennsylvania’s auto insurance system is unique. Modified no-fault laws and distinctions between limited tort and full tort policies can be confusing. Our firm handles accident cases regularly. We understand these terms well, and we know how to fight for accident victims. 

You may want to seek legal help as soon as possible. Pa. C.S.A. § 5524 generally allows you two years to file a personal injury claim. If you wait too long, your eligibility could expire. Once you contact our firm, we’ll file your case as soon as prudent.

Call Berger and Green Today to Discuss Your Case

Let the team at Berger and Green serve you. We have roots throughout Pennsylvania and a team of attorneys that is ready to handle your case so you can get better.

Call Berger and Green today at (412) 661-1400 for a FREE consultation. You may only have one chance to seek the coverage you deserve. Let us help.