The first and obviously most important question my clients all ask me is do I have a case? The answer is simple. If you can get through three doors you have a case.
The first door is the liability door also known as the fault door. In Pennsylvania as long as you’re not more than half at fault you can recover for your injuries against the other driver.
The second door is commonly known as the money door. That means there has to be a place to collect for your injuries. Either the driver that caused your accident has to be insured or you have to have something called uninsured motorist coverage which protects you and will pay for your injuries in case your accident is caused by an uninsured motorist.
The third door is the most problematic, that’s the tort option door. We have in Pennsylvania two tort options. Full tort and limited tort. Full tort means you can always bring your claim against another Pennsylvania driver. Limited tort means you can only bring your claim against another Pennsylvania driver if your injuries resulted in death, disfigurement or a serious impairment of a bodily function.
There are, however, several exceptions to the limited tort option. The first is if the other driver is convicted of or accepts ARD for drunk driving or driving under the influence of an illegal substance. The second is if you’re a pedestrian, and the third is if you are a passenger on a bus.
That’s why it’s important that you call your lawyer as soon as possible after the accident so we can review the facts together and decide whether you have a good claim. Thank you.
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