Are there any car accident damages that are not compensable?

In Pennsylvania, navigating car accident damages involves understanding the state’s unique legal framework. We have a no-fault insurance system. This means that your insurance covers medical expenses and economic losses, regardless of fault. However, the choice between limited tort and full tort coverage significantly impacts your ability to seek compensation for certain damages.

Limited tort coverage means limited non-economic damages

Limited tort coverage, while less expensive, limits your ability to sue for non-economic damages, like pain and suffering, unless your injuries meet the legal threshold of “serious.” This restriction is a key reason why some damages may not be compensable under Pennsylvania law.

Full tort coverage is available

On the other hand, full tort coverage allows you to sue for both economic and non-economic damages without restrictions based on injury severity. This option generally comes with a higher premium, but it does provide broader protection and compensation rights.

Compensable damages

Compensable damages in Pennsylvania typically include lost income, medical expenses, vehicle damage and pain and suffering, among others. These damages reflect both economic losses and the personal impact of the car accident.

Car accident claims

To pursue compensation, car accident claims must establish negligence by proving duty of care, breach of duty, proximate cause and resulting damages. Meeting these elements is crucial for recovering personal injury compensation in the state.

Pennsylvania law generally compensates for a wide range of damages that results from car accidents. However, the type of insurance coverage selected, and the severity of injuries play significant roles in determining the compensability of non-economic damages, like pain and suffering. Understanding these legal nuances is essential for effectively navigating car accident claims in Pennsylvania.