Personal Injury · Car Accidents
Car Accident Attorney in Pittsburgh, PA
Pennsylvania’s auto insurance framework, not the severity of your injuries, determines what damages you can recover and which insurance policies apply. The tort election on your policy, your coverage limits, and your rights under the Motor Vehicle Financial Responsibility Law all control the claim before fault is even established. Understanding how these elements interact is essential before accepting any settlement offer. Lebovitz & Lebovitz, P.A. represents individuals and families injured in car accidents throughout Pittsburgh, Allegheny County, and southwestern Pennsylvania as part of our personal injury practice.
Lebovitz & Lebovitz, P.A. · A Pittsburgh Law Firm With Roots to 1933. Serving Allegheny County and southwestern Pennsylvania.
What to Do After a Car Accident
Seek medical evaluation immediately, even if you do not believe you are seriously injured. Some injuries, including soft tissue damage and concussions, do not produce symptoms for hours or days. The medical record created at the time of the accident is the foundation of the damages claim, and gaps in treatment are used by insurers to argue that the injuries were not caused by the collision.
Do not give a recorded statement to the at-fault driver’s insurance company before consulting with an attorney. Preserve all evidence: photographs of the scene, vehicle damage, visible injuries, and any available witness contact information. Identify all potentially applicable insurance coverage early, including the at-fault driver’s liability policy, your own UM/UIM coverage, and any umbrella or excess policies. For a detailed guide on immediate steps, see our article on what to do after a car accident in Pennsylvania.
Early decisions after a car accident affect what can be recovered. Giving a recorded statement, delaying medical treatment, or relying on an insurer’s guidance can limit what your claim is worth before the full extent of your injuries is known.
Call 412-351-4422 or schedule a consultation to discuss your case.
Pennsylvania’s Motor Vehicle Financial Responsibility Law
Pennsylvania auto insurance is governed by the Motor Vehicle Financial Responsibility Law, the MVFRL. The MVFRL establishes minimum coverage requirements, defines the first-party benefits available to insureds, and governs the tort elections that determine the right to sue for non-economic damages. Understanding the MVFRL framework is essential before evaluating any Pennsylvania auto accident claim. In rear-end collisions, fault is typically presumed against the following driver, though exceptions apply.
Pennsylvania requires every registered motor vehicle to carry liability insurance with minimum limits of $15,000 per person and $30,000 per accident for bodily injury. These minimum limits are frequently inadequate in serious injury cases. Identifying all available coverage, including the at-fault driver’s policy, any umbrella coverage, and your own UM/UIM coverage, is the first step in evaluating a serious injury claim. For a detailed explanation of what drives case value, see our page on car accident case value in Pennsylvania. For how long the process typically takes, see our page on car accident case timelines in Pennsylvania. When injuries are severe or permanent, the claim may qualify as a catastrophic injury case, which involves a different investigation and damages framework.
The tort election made when a Pennsylvania auto policy was purchased determines whether non-economic damages including pain and suffering are available.
Most people do not remember making that election. It controls the claim regardless. Call 412-351-4422 or contact our office to discuss your situation.
Full Tort and Limited Tort Elections
When a Pennsylvania auto insurance policy is purchased, the insured selects either full tort or limited tort coverage. This election is made at the time of purchase and typically renewed without review. It governs the insured’s right to recover non-economic damages such as pain and suffering from an auto accident.
Under full tort, the insured retains the unrestricted right to sue for pain and suffering and all other non-economic damages regardless of the severity of the injury. Under limited tort, the right to recover non-economic damages is restricted unless the injured party meets the serious injury threshold: death, serious impairment of a body function, or permanent serious disfigurement. Several exceptions can restore full tort rights even with a limited tort election, including accidents involving out-of-state drivers, commercial vehicles, drivers under the influence, and intentional conduct. For a full breakdown of how the tort election affects your claim, see our page on limited tort vs. full tort in Pennsylvania.
First-Party Benefits Under the MVFRL
Pennsylvania auto policies provide first-party benefits to the insured regardless of fault. These include medical expense benefits, income loss benefits, and in some policies accidental death benefits and funeral expense coverage. First-party medical benefits are available immediately after an accident and are not dependent on establishing the other driver’s fault. They are paid by your own insurer.
The minimum required medical benefit is $5,000, though policies frequently carry higher limits. Income loss benefits compensate for lost wages when the injury prevents the insured from working. These benefits are subject to coordination of benefits provisions that can affect how they interact with health insurance and workers’ compensation. First-party benefits should be pursued and exhausted before or alongside any third-party liability claim against the at-fault driver.
Uninsured and Underinsured Motorist Coverage
Uninsured motorist coverage, UM, provides recovery when the at-fault driver carried no insurance. Underinsured motorist coverage, UIM, provides recovery when the at-fault driver’s liability limits are insufficient to compensate for the full extent of the injury. Both coverages are purchased through your own insurer and are among the most valuable and most underutilized sources of recovery in serious injury cases. For a full overview of how UM and UIM claims work in Pennsylvania, see our page on uninsured and underinsured motorist claims.
Pennsylvania law permits insureds to stack UM/UIM coverage across multiple vehicles on the same policy or across multiple policies in the same household. Stacking multiplies the available coverage limits by the number of vehicles covered. Many insureds waived stacking at the time the policy was issued in exchange for a lower premium. That waiver is binding. Whether stacking was elected or waived, and how many vehicles are covered, directly affects the total UM/UIM coverage available in a serious injury case.
Damages in Serious Auto Accident Cases
Recoverable damages in a Pennsylvania personal injury case include medical expenses past and future, lost income and earning capacity, future care needs, and non-economic damages including pain and suffering, permanent injury, scarring, and loss of function. The full scope of damages in a serious injury case is rarely apparent in the first weeks after an accident. Future medical needs, long-term impairment, and the permanence of injury all require documentation before settlement is reached.
Pennsylvania’s modified comparative negligence rule permits recovery as long as the injured party is less than 51 percent at fault, with damages reduced proportionally. Defense strategies in auto accident cases frequently include contributory fault arguments. Building the liability record and the damages documentation from the outset is how those arguments are addressed. When a car accident results in death, the claim becomes a wrongful death and survival action, which involves separate beneficiaries, different damage categories, and estate coordination requirements. For how fault allocation affects your recovery, see our page on comparative negligence in Pennsylvania.
Frequently Asked Questions
What is the difference between full tort and limited tort in Pennsylvania?
Full tort preserves the unrestricted right to sue for pain and suffering and other non-economic damages after an auto accident. Limited tort restricts that right unless the injured party meets the serious injury threshold, defined as death, serious impairment of a body function, or permanent serious disfigurement. The election is made when the policy is purchased and governs the claim regardless of whether the insured remembers making it. Several exceptions can restore full tort rights even under a limited tort election depending on the circumstances of the accident. See our full overview of limited tort vs. full tort in Pennsylvania.
What if the at-fault driver does not have enough insurance to cover my injuries?
Your own underinsured motorist coverage, UIM, is the source of recovery when the at-fault driver’s liability limits are insufficient. UIM is paid by your own insurer after the at-fault driver’s policy is exhausted. Whether stacking was elected affects the total UIM available. Insurers frequently resist UIM claims even when coverage exists. See our page on uninsured and underinsured motorist claims in Pennsylvania.
What is stacked UM/UIM coverage and do I have it?
Stacking multiplies UM/UIM coverage limits by the number of vehicles covered under the same policy or in the same household. A household with three vehicles and $100,000 UIM per vehicle would have $300,000 in stacked UIM coverage. Many insureds waived stacking in exchange for a lower premium. That waiver is binding. Whether stacking was elected or waived is determined by the policy documents and the waiver form signed at issuance.
What first-party benefits are available after a Pennsylvania auto accident?
Pennsylvania auto policies provide first-party medical expense benefits and income loss benefits payable by your own insurer regardless of fault. The minimum medical benefit is $5,000. Income loss benefits compensate for lost wages when the injury prevents work. These benefits are available immediately and do not require establishing the other driver’s liability. They should be pursued alongside any third-party claim against the at-fault driver.
I chose limited tort. Can I still recover pain and suffering damages?
Possibly. Pennsylvania law provides exceptions that restore full tort rights even under a limited tort election. These include accidents involving out-of-state drivers, drivers of commercial vehicles, drivers operating under the influence, and drivers acting intentionally. If any exception applies, the limited tort restriction does not govern the claim. Whether an exception applies is fact-specific and should be evaluated at the outset.
Was my accident with a commercial truck?
Truck accident claims involve federal motor carrier regulations, time-sensitive electronic evidence, and higher insurance limits. See our dedicated page on truck accident claims in Pennsylvania.
How long do I have to file an auto accident claim in Pennsylvania?
The general statute of limitations is two years from the date of the accident. Pennsylvania’s discovery rule can affect when that period begins for injuries that were not immediately apparent. Claims against government entities require written notice within six months. Missing any applicable deadline permanently bars recovery. Do not assume the deadline is clear without confirming it based on the specific facts of the accident.
Should I give a recorded statement to the other driver’s insurer?
No. You are not required to give a recorded statement to the at-fault driver’s insurer. Early statements are used to lock in positions on liability and damages before the full picture is known. Speak with an attorney before providing any recorded statement to any insurer other than your own, and review your obligations to your own insurer before that conversation as well.
When does hiring a lawyer make a difference in a car accident case?
Legal representation changes the outcome when injuries are serious enough to require ongoing treatment, when liability is disputed, when the insurance company is pressing for a quick settlement or recorded statement, or when coverage issues like tort election or policy limits affect the claim. An attorney evaluates these factors against the insurance company’s position and protects the claim from being undervalued.
For broader injury guidance, see our Pittsburgh Personal Injury page. For truck accident claims, see truck accident lawyer in Pittsburgh. For tort election issues, see limited tort vs. full tort in Pennsylvania. For UM and UIM coverage, see uninsured and underinsured motorist claims.