Reading Car Accident Lawyer

Can I File a Car Accident Claim If I Was Partially at Fault?

More often than not, car accidents are the result of many different factors. It’s generally more common for both parties to share some portion of the blame than for a single motorist to be entirely at fault for an accident. But what does this mean for your claim? Can you still recover compensation if you were partly at fault for the accident?

In short, yes; Pennsylvania’s comparative fault law allows you to file a claim for compensation even if you shared some of the blame for the accident. However, because the state follows a modified rule of comparative negligence, you can only recover compensation if you were less than 50% at fault. Additionally, the amount of compensation you will be able to receive will be reduced by the percentage of fault the jury decides you have, meaning you will not be able to recover the full compensation you would have received if the jury did not find you at fault whatsoever.

Note that the rule of modified comparative negligence generally only comes into play in cases that do not involve no-fault coverage. You may have no-fault insurance coverage, in which case fault for the accident is not a relevant factor in whether or not you can recover compensation. However, if you are filing a claim outside Pennsylvania’s no-fault system, whether because you do not have no-fault coverage or because you are seeking compensation for non-economic damages associated with serious injuries, this rule will likely play a key role in your recovery.

What Is No-Fault Insurance?

No-fault insurance coverage is exactly what it sounds like—insured individuals have coverage regardless of fault. In Pennsylvania, drivers have the option of choosing no-fault insurance coverage, which is referred to as “limited tort” coverage, or opting out. If you have selected “full tort” coverage, you have opted out of the no-fault system.

With limited tort coverage, you do not have to prove that another driver was mostly at fault for the accident, but you are only covered for financial damages resulting from the accident. This might include medical bills and lost income, but it does not include pain and suffering. Although it is more expensive, full tort coverage offers the greatest advantage when it comes to recovering compensation after an accident. With full tort coverage, there are no limits on the type or amount of compensation you can receive; you could be entitled to both economic and non-economic damages, regardless of fault.

Do You Need a Lawyer After a Car Accident?

Choosing whether or not to hire a car accident lawyer after you’ve been in an accident is ultimately up to you. How comfortable are you with navigating the claims process on your own? Hiring a lawyer doesn’t guarantee that you’ll get a specific outcome from your case, but a lawyer can be invaluable. This is especially true if you were injured in the accident and are still recovering. A Reading car accident lawyer will help you with every aspect of your case.

How Knafo Law Offices Can Help in Your Recovery

Understanding your insurance policy and your right to compensation after an accident is important, but when you are dealing with serious injuries and other unexpected challenges, navigating the insurance claims process can be daunting. At Knafo Law Offices, we can handle every detail of your case so you can focus on getting the medical care you need to heal.

While every case is different, our Reading car accident lawyers typically help injured victims by handling the following aspects of their claims:

• Determining whether the case has merit during a free initial consultation
• Working with accident reconstructionist and other experts to determine the cause of the crash
• Evaluating the severity of your injuries and losses and the impact they have had on your life
• Identifying projected future damages, such as future medical bills or lost earnings
• Gathering all applicable evidence, such as medical records and witness statements
• Filing the Notice of Claim with the appropriate party
• Negotiating with the insurance company for a fair and reasonable settlement
• Preparing your case for litigation if necessary
• Representing you at trial and in appeal proceedings when appropriate

It’s important that you reach out to us right away if you were involved in a car accident, as you only have two years from the date of the accident (in most cases) to bring a claim.

Available 24/7 to Take Your Call

After a car accident, you should spend your time focusing on your physical recovery—not your financial one. Allow our experienced legal team to represent you and your best interests. At Knafo Law Offices, we have spent nearly 40 years fighting for injured Pennsylvanians, taking on major insurance providers in our pursuit of justice. We have what it takes to protect your rights and advocate tirelessly for the full, fair recovery you are owed.

Contact us at (610) 756-1098 for around-the-clock assistance with your car accident case.