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The Statutes for Filing an Auto Claim in Pennsylvania

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    Full Tort Versus Limited Tort

    • Pennsylvania law gives motorists the option of purchasing full tort or limited tort insurance. Although limited tort automobile insurance is less expensive, having full tort automobile insurance can be extremely important if you are involved in an accident. Full tort automobile insurance allows the carrier to request compensation for pain and suffering and other non-monetary damages associated with the accident. Limited tort insurance holders are only compensated for their medical bills and other expenses.

    Underinsured Motorist Coverage

    • Pennsylvania law also mandates that insurance companies provide the opportunity to purchase underinsured motorist coverage. If you file an auto claim against a motorist who lacks sufficient insurance to cover your medical bills and other expenses, your underinsured motorist coverage will make up the difference.

    Fair Share Act

    • One important statute related to filing an auto insurance claim is the Pennsylvania Fair Share Act. Prior to the passage of this act Pennsylvania had joint and several liability, meaning that a party could collect the entire amount due from any other party who was at fault. Following the passage of this act any defendant less that 60-percent liable will only be responsible for paying that percentage of a judgment.

    No-Fault System

    • Pennsylvania allows auto drivers to opt in or out of the no-fault system. If your insurance coverage is under the no-fault system then you can neither sue or be sued for auto accidents involving only minor injuries. On the other hand if you opt out you can sue or be sued for any type of accident no matter how minor and you will need to carry liability insurance to cover any potential court costs.

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