Limiting Liability in a Car Accident: How Pennsylvania Determines Fault

Determining fault in a car accident isn’t always easy. Sometimes, an investigation is necessary to figure out the accident’s cause. 

Even if you’re fairly sure your actions or behavior are at least partially responsible for the collision, you still want to be cautious when discussing the accident with others. This can cause you to lose out on compensation and even assume more than your fair share of the blame. 

Determining fault in a Pennsylvania car accident can be a complex process, but it’s one you don’t want to rush. After all, you don’t want to lose potential benefits that can help cover your expenses.

Understanding Comparative Negligence

Like a few other states, Pennsylvania follows comparative negligence rules. If you’re not sure what comparative negligence is or how the rule can impact a personal injury claim, the premise is fairly simple.

Comparative negligence allows more than one individual to be responsible for a car accident. Sometimes, this can work in your favor. Here’s an example of how comparative negligence can apply in a vehicle accident.

Your vehicle is struck by another motorist at an intersection. You’re speeding to make it through the yellow light and the other driver is turning into oncoming traffic. So, who’s at fault for the car collision? In this scenario, both drivers share responsibility. 

You’re at fault for speeding and the other driver failed to ensure a clear distance. Both you and the other driver will probably be assigned a percentage of the blame and this can affect your compensation amount.

Your compensation amount from your personal injury claim will be reduced by your percentage of the blame. If you’re wondering if you can file a claim regardless of your percentage of fault, the answer is no. You can’t file a claim against the other driver if you’re assigned more than 50% of the blame.

So, if you’re assigned 30% of the blame and your settlement check is for $100,000, you receive $70,000. If you’re assigned 50% of the blame, your settlement amount is reduced in half. We should also note that this is the total amount of your settlement check but you may still receive even less—oh, and don’t forget that your attorney may also deduct their fees and other costs.

How Fault is Assigned in Pennsylvania

While the authorities and accident scene investigators have some say in how fault is assigned, they often don’t have the last word. The insurance companies typically assign blame for an accident.

The insurance adjuster will review the official accident report and other evidence before making a final determination. Sometimes, the insurance adjuster assigns blame fairly but it’s not always the case. Remember, insurance companies are looking for ways to reduce their policy holder’s share of the blame. This reduces the amount the insurance provider may owe for your damages. You may end up assigned more than your fair share of the blame and this means a significantly reduced compensation amount.

Don’t panic, the insurance company doesn’t always have the final say. You can file an appeal with the civil court. Yes, this will drag out the claim process but it can also help ensure your settlement amount isn’t unfairly reduced.

Navigating No-Fault Insurance Rules

Pennsylvania is a no-fault insurance state and this can make it a little easier to recover some compensation while you’re navigating comparative negligence rules. No-fault insurance means everyone involved in the accident turns to their insurance provider for compensation.

The Commonwealth requires all drivers with vehicles registered in Pennsylvania to carry at least the state’s minimum insurance requirements, which include:

• $5,000 for property damage
• $15,000 for bodily injury per individual or $30,000 in total injury coverage

Sure, these minimum insurance requirements are low, and even replacing a dented bumper can come close to hitting the property damage cap. If you’re assigned more than 50% of the blame for an accident, you can only recover compensation from your insurance provider. 

However, the other driver can file a lawsuit against you to recover their remaining damages. This is exactly why it’s vital you’re not assigned more than your fair share of the blame.

Tips On Limiting Liability After an Accident

You can’t go back and change how the accident occurred, but there are some steps that you can take to help limit your liability.

Report the Accident

You should report all vehicle collisions, even minor ones. Sometimes, injuries and even property damage aren’t immediately obvious. Your accident report is also crucial evidence used to help determine fault.

You’re legally required to answer all questions posed by the responding authorities regarding the accident. Lying to a police officer can be a crime and you don’t want to add to your potential problems. Answer all questions honestly without going into detail. 

For example, you can admit the light was yellow while you’re crossing the intersection but leave out the part about speeding. If the officer asks about your speed, be truthful, but you aren’t legally required to volunteer information.

Everything you say can end up in your accident report and be used by the insurance adjuster to try and reduce the value of your claim. This same advice also applies to any witnesses. You can get their contact information but don’t discuss the accident.

Don’t Communicate with the Other Driver’s Insurance Company

Talking about the accident to your insurance provider isn’t a big deal. Since the Commonwealth follows no-fault insurance rules, you’re covered as long as the accident doesn’t violate the terms of your policy.

However, it’s different when you’re dealing with the other driver’s insurance provider. They’re looking for any reason to try and lower your potential compensation amount. The best advice is to refer any questions from the other driver’s insurance company to your personal injury attorney.

Don’t Accept More Than Your Fair Share of Fault

Insurance companies often use a wide variety of different tactics to reduce the value of your claim, including assigning you more blame than you actually deserve for the accident at hand. 

To protect your rights, it’s important to talk to a personal injury attorney about your car accident. An attorney can help ensure that you’re only assigned the percentage of fault that accurately reflects your actions, maximizing your chances of receiving fair compensation.