Steps to Take After a Pennsylvania Auto Accident If You Have Limited Tort Insurance
Being involved in an auto accident can change your life in an instant. Medical bills, vehicle repairs, and missed work can create overwhelming stress, especially if your insurance policy includes limited tort coverage. Many Pennsylvania drivers choose limited tort to save on monthly premiums, but they don’t realize how it affects their ability to recover compensation after a crash.
Knowing what to do and what not to do immediately after an accident can help protect your rights and strengthen your claim. Speaking with an experienced Philadelphia auto accident lawyer can ensure that you take the proper steps to preserve evidence, meet legal deadlines, and pursue every form of compensation available.
Understanding Limited Tort Insurance in Pennsylvania
Pennsylvania is a “choice no-fault” state, which means drivers can choose between full tort and limited tort insurance when purchasing auto coverage. Under 75 Pa. C.S. § 1705, limited tort policyholders typically cannot recover for non-economic damages, such as pain and suffering, unless their injuries meet certain legal exceptions or qualify as “serious injuries.” By contrast, full tort coverage allows injured drivers to pursue both economic and non-economic damages without restriction.
The decision to select limited tort must be made affirmatively at the time of purchase. Insurance companies must provide a written election form, and if they cannot produce proof that you knowingly selected limited tort, you may be treated as having full tort coverage by default. This distinction can become critical in accident litigation.
Step One: Ensure Safety and Seek Medical Attention
The first priority after any collision is safety. Move vehicles out of traffic if possible and call 911 to report the crash. Pennsylvania law requires that accidents involving injury, death, or significant property damage be reported to law enforcement. Always seek medical attention, even if you feel unhurt at first.
Certain injuries, such as concussions or internal bleeding, may take hours or days to appear. Medical documentation provides vital evidence if you later need to prove that your injuries meet the “serious injury” exception under limited tort rules.
Step Two: Gather and Preserve Evidence
At the scene, collect the other driver’s contact and insurance information and take photographs of all vehicles, road conditions, and visible injuries. Obtain witness names and note any surveillance cameras nearby. In limited tort cases, the ability to recover non-economic damages often hinges on proving the severity and impact of your injuries.
Police reports, medical records, and accident-scene photos can all serve as crucial evidence later on. Preserve all medical bills, diagnostic results, and communication with insurers.
Step Three: Notify Your Insurer but Speak Carefully
Pennsylvania law requires you to promptly notify your insurance company after an accident. Because Pennsylvania drivers must carry Personal Injury Protection (PIP) benefits, your insurer will initially cover medical costs and certain out-of-pocket expenses, regardless of fault. However, the no-fault system does not prevent you from pursuing a claim against the at-fault driver where permitted by law.
When speaking to insurance adjusters, limit your statements to basic facts, time, location, and vehicles involved. Avoid recorded statements or speculating about fault until you have consulted an attorney. Insurers may attempt to use early statements to dispute injury claims or minimize payouts, especially when limited tort applies.
Step Four: Determine if Your Case Qualifies for an Exception
Although limited tort restricts recovery for pain and suffering, there are statutory exceptions under § 1705(d) that allow victims to pursue full compensation. You may be eligible for an exception if:
- Your injury results in death, permanent serious disfigurement, or serious impairment of body function (which need not be permanent to qualify).
- The at-fault driver was under the influence of drugs or alcohol.
- The at-fault vehicle was registered outside of Pennsylvania.
- The at-fault driver was uninsured.
- You were a pedestrian, motorcyclist, or passenger in a commercial vehicle at the time of the crash.
Even temporary but significant impairments, such as loss of mobility, inability to perform normal daily functions, or prolonged recovery times, can meet the “serious impairment” threshold depending on medical documentation and how the injury affected your life. Courts evaluate these cases on an individual basis, making proper legal and medical support essential.
Step Five: Consult an Attorney Before Accepting a Settlement
Insurance companies often offer quick settlements to limited tort policyholders, hoping they’ll accept before fully understanding their rights. Once a settlement is accepted, you generally cannot seek additional compensation. A qualified attorney can evaluate whether your injuries fall within one of the statutory exceptions, help secure expert medical opinions, and calculate the true value of your losses.
It is important to understand that you cannot retroactively change your tort election for an accident that has already occurred; however, you can modify your coverage for future renewals. An attorney can also verify whether your limited tort election was valid in the first place; insurers must be able to produce the signed form proving you chose that option.
Step Six: Keep Detailed Documentation and Respect Legal Deadlines
Maintain a file of all medical records, treatment plans, wage loss documentation, and correspondence with insurers. Do not post accident details on social media, as these can be used against you. Pennsylvania’s statute of limitations, under 42 Pa. C.S. § 5524, generally gives victims two years from the date of the crash to file a personal injury lawsuit. However, starting the process early allows your attorney to gather stronger evidence, consult experts, and negotiate more effectively.
Contact The Villari Firm
If you were injured in an auto accident and carry limited tort coverage, you may still have the right to pursue full compensation. The Villari Firm has spent over two decades helping Pennsylvania victims overcome insurance limitations and recover what they deserve. Our legal team understands how to prove serious injuries, challenge denied claims, and hold negligent drivers accountable.
Contact a Philadelphia auto accident lawyer at The Villari Firm today for a free consultation. We will review your policy, explain your options, and fight to secure the maximum recovery allowed under Pennsylvania law.
Sources:
- Pennsylvania Consolidated Statutes, Title 75 – Vehicles, § 1705 (Choice of Tort Options)
- Pennsylvania Consolidated Statutes, Title 42 – Judiciary and Judicial Procedure, § 5524 (Statute of Limitations)
- Pennsylvania Department of Transportation – Crash Facts and Statistics
- Pennsylvania Insurance Department – Auto Insurance Basics