In Pennsylvania and other states, drivers who own automobiles are required to have auto insurance. Those involved in an accident can be compensated for the damage to their vehicle and severe injury and hospitalization. The same goes for motorcycle insurance. There could be a deductible involved regarding damage, depending on the type of insurance one has.
The attorneys of Michael J. O’Connor & Associates believe potential drivers should know the difference about what kind of insurance is best for the individual in case there is an accident on the roadway. Motorcycle riders are more at risk of injury than ones who travel in automobiles. Most often, a rider is not able to walk away from a crash with no injuries and limited damages to the bike. It is important to know the following laws regarding such accidents.
Pennsylvania is a No-Fault state and is one of 13 states in the U.S. to have such laws. Motorcyclists can sue for severe injuries and pain and suffering that meet certain conditions. Unless these injuries happen, you cannot sue for tort liability arising out of an accident. The injuries are; bodily injury resulting in death, dismemberment, significant disfigurement and scarring, displaced fractures, loss of fetus, permanent injury within reasonably degree of medical probability, other than scarring or permanent significant disfigurement.
Pennsylvania is also a Choice No-Fault State. Motorcycle owners can choose no-fault insurance, and may not be able to sue negligent motor vehicle operators for non-economic damages or owners can choose to have the option to sue for non-economic damages as a tort, and not choose no-fault insurance for their Pennsylvania motorcycle.
State law mandates the following No-Fault Benefits.
Motorcycle accident victims can recover in the following areas:
Medical costs, lost wages, compensation for loss of services, funeral expenses that result in a death, permanent impairment of a body function and/or permanent serious disfigurement, loss of consortium claim, which refers to any negative effect on the marital relationship as a result of the accident, death benefits if one dies because of an accident.
No-Fault benefits do not include pain and suffering, inconvenience, or emotional distress.
Insurance requirements in the state are as follows.
The minimum requirement is compulsory liability.
The statute of limitations for a motorcycle accident: action must have commenced two years from the date of injury resulting from the accident. There is a two-year limitation on accident claims.
No fault insurance eliminated the need for police or investigators to establish liability, or establish whose fault the accident was, through a civil lawsuit. The injured receive a direct payment from the insurance company they do business with.
However, no fault insurance can also take away the right to sue for damages. It does lead to faster settlements of accident claims. It keeps premiums low and reduces legal fees and court costs. Riders can sue for extreme injuries.
Before taking to the road, have a free consultation with the attorneys of Michael J. O’Connor & Associates to discuss what insurance plan works best for you. Our team of experienced attorneys can help you deal directly with insurance companies, police and other legal ramifications in case of an on-the-road mishap. Let us fight for your rights.
By Michael O'Connor