If you were in a car accident in Pennsylvania, like any other state, you have a limited amount of time to sue for your injuries. The statute of limitations generally starts on the date of the accident.
For this state, you have up to two years. However, there are exceptions to this rule.
What to Know About Pennsylvania’s Statute of Limitations for Car Accident Lawsuits
The statute of limitations allows you to file your lawsuit within two years from the date you had your car accident. This statute applies to cases that involve negligence of any kind. While it is important to abide by this statute to seek compensation for your injuries, filing as soon as possible tends to result in a better outcome.
There are exceptions to this statute though, such as if a minor driver under the age of 18 was in a car accident. They would have until their 20th birthday to file their lawsuit. The statute can also be paused if the at-fault driver has been out of the state for a period beyond four months, or if they use a false name to conceal themselves.
With Pennsylvania’s option to choose no-fault or at-fault insurance policies, it can further complicate things. You may not be able to file a lawsuit, depending on your injuries and the type of insurance you have in place.
How Modified No-Fault Insurance Can Affect Your Right to Sue
In Pennsylvania, you have a choice when you buy auto insurance, allowing you to select either no-fault (limited tort) or at-fault (full tort) coverage. If you have no-fault insurance coverage, you can’t pursue compensation for certain damages after your accident. The exception to this is if your losses meet a particular threshold.
If you have at-fault insurance, you do not have any restrictions on the compensation you can pursue from the at-fault driver. For those with no-fault insurance, you must be able to show that you’ve suffered a serious injury in accordance with the law. With a serious physical injury, you can file a lawsuit directly against the other party for damages that aren’t covered by your own policy.
Naturally, this is subjective and may be open to interpretation. However, if you have become disabled or disfigured as a result of this accident, you will likely be able to sue for non-economic damages such as pain and suffering or mental anguish.
What to Do If You Want to Sue for Your Injuries in a Pennsylvania Car Crash
If you are injured in a car accident in Pennsylvania, it is important to document your injuries and preserve evidence. If you have at-fault insurance, you’ll want to file before the two-year statute of limitations runs out. If you have no-fault insurance, you will want to keep your medical records and expenses organized to help you file a lawsuit.
It may not be possible in every scenario, but with the help of a car accident lawyer, you will be able to determine if you have a valid lawsuit for your injuries in this state.
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