When it comes to car accidents, it often feels like there is no simple path forward after the damage. Do you seek compensation from your insurance provider? Do you make a claim with the insurance provider of the person who hit you? Do you have the grounds for a personal injury suit to cover your medical treatment?
These questions get even more complicated if you feel guilty that you may have helped cause the car accident. Though you try to drive in the safest way possible, no driver is perfect, and mistakes happen. How do you handle it if your oversight and another driver’s negligence left you injured and your car totaled?
What is a “no-fault” state?
Pennsylvania is one of few states in America that handles car insurance claims in a no-fault manner. This means that your insurance will reimburse you for your medical bills no matter who caused the accident.
However, there are a few key concerns in no-fault states. One is whether your personal injury protection limit covers the full cost of your medical treatment. Another is property damage. Even in a no-fault state, the person who caused the property damage holds responsibility for the repair costs.
What is contributory negligence?
While working in this no-fault system, Pennsylvania courts recognize that one person often has a greater share of the blame for the accident.
The no-fault system does not mean that Pennsylvania drivers do not have responsibility for their actions. The more negligent driver can and should have greater responsibility for fixing these consequences.
Can you receive compensation if you and the other driver made mistakes?
You may have grounds for a personal injury claim if you can show that the other driver’s negligence was the biggest reason for the accident. Depending on the situation, this may mean that the other driver must compensate you for the repairs to your vehicle or other types of suffering that your insurance does not cover.