Damages to or Replacement of Your Car
If the accident was the other driver’s fault, his or her car insurance will pay to repair or replace your car. If the accident was your fault and you have collision coverage, your own car insurance will pay to repair or replace your car, minus your deductible.
Regardless of who is at fault for a car accident, your own car insurance will pay your medical bills up to the amount of your medical coverage, which is a minimum of $5,000. After your car insurance medical coverage is exhausted, your health insurance will pay your medical bills. If you do not have health insurance, you can make a claim for your medical bills against the driver responsible for causing the accident.
Lost wage coverage is optional in Pennsylvania. If you purchased lost wage coverage on your own car insurance, that coverage will pay for your lost wages, regardless of who was at fault for causing the accident. If you do not have lost wage coverage and someone else was responsible for causing the accident, you can make a claim against them for your lost wages.
Compensation for Pain and Suffering
Provided that you chose full tort and not limited tort on your car insurance and someone else was responsible for causing the accident, you can make a claim for your pain and suffering, the negative impact of the accident on your life and activities and any scarring and disfigurement. If you chose limited tort, your rights to recover for those damages may be waived, unless you suffered a “serious injury,” which is defined as “death, serious and permanent disfigurement or serious impairment of a body function.”
How Much Compensation Can I Get?
Your right to compensation after a car accident is often limited by the amount of liability coverage that was purchased by the driver responsible for causing the collision. Although technically you have an unlimited claim against the responsible driver, in reality it is very difficult to collect from a driver’s personal assets, so usually you are only able to recover up to the insurance limit of the other driver, which could be as low as $15,000. In order to ensure that you and your family are protected to the fullest extent possible, it is important to purchase large amounts of uninsured and underinsured motorist coverage on your own car insurance. Uninsured and underinsured coverage protects you in the event that you are injured by someone who either has no insurance or not enough insurance to cover all the damages caused by the accident. It is recommended that you carry at least $100,000 of uninsured/underinsured coverage.
To schedule a free consultation and learn more about your rights, contact Pennsylvania car accident lawyer Tim Rayne at 610-840-0124 or [email protected], or check out Tim’s website at www.timraynelaw.com. Tim has over twenty years of experience helping injured accident victims receive fair treatment from insurance companies. Tim has an advanced Master’s Degree in Trial Advocacy and is Board Certified by the National Board of Trial Advocacy. Tim regularly practices in Chester County, with offices in Kennett Square and West Chester. He also helps clients with cases in neighboring counties, including Bucks County, Delaware County, Lancaster County, Montgomery County and Philadelphia County.