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March 16th, 2018

I was in a car accident in Philadelphia. The driver who caused the accident didn’t get a ticket. Will I have problems with my insurance claim?

Someone who was injured in a car accident in Pennsylvania can make insurance claims even if the at-fault driver didn’t get a traffic citation or ticket. Stated another way, it simply does not matter whether the driver who caused the accident got a ticket. If you’ve been injured in a car accident that was due to another driver’s fault, you can proceed with your insurance claims.

Related: How to Request a Traffic Accident Police Report in Philadelphia

What Insurance Claims Can You Make After a Philly Car Accident?

The two most common (and most important) claims made after a car accident in Philadelphia are a PIP (Personal Injury Protection) claim and an injury claim.

PIP Claims – Filed With Your Own Insurance Company

Insurance coverageUnder Pennsylvania auto insurance laws, every car registered in this state is required to be insured under a policy that carries PIP coverage. The minimum amount required is $5,000, although many people buy larger PIP coverage amounts.

PIP is available to the policy holder and members of the household (spouse and children). It provides coverage for medical bills and lost wages when injuries cause a temporary or permanent disability.

Under PA law, PIP is available without regard to fault. It doesn’t matter if you caused an auto accident or not. If you’re injured and need PIP benefits, you make a claim with your own insurance company. In order to make a PIP claim, you don’t have to show that the other (at-fault) driver got a ticket.

PRACTICAL TIP: You must contact your insurance company and fill out the necessary forms. Note that when getting treatment, you should provide your auto insurance info to the medical billing offices. They will submit the bills directly to your insurance company. This is standard practice.

Injury Claims – Filed With the At-Fault Driver’s Insurance Company

If you’ve been injured in a car accident in Philadelphia that was someone else’s fault, you may be able to make an injury claim with their insurance company. This type of claim is made under the at-fault driver’s Bodily Injury Liability Coverage, which is also required on every auto insurance policy issued in Pennsylvania.

It applies when a driver causes an accident which injures another person. The injured person gets to make a claim and receive compensation from the at-fault driver’s insurance company, up to the amount purchased. The minimum amount required is $15,000 per person up to a max of $30,000 per accident. Limited tort law will come into play and may impact your ability to get fully compensated.

Typically, an auto injury lawsuit will be necessary to get compensated through this type of claim. The reality is that insurance companies will fight tooth and nail before paying out on a bodily injury liability claim.

With respect to proving fault, it doesn’t matter whether the at-fault driver got a ticket or not. Citations aren’t admissible in court anyway. Read Philadelphia Car Accident & Injury Lawsuits – Are Citations Needed to Prove Fault?

PRACTICAL TIPS: Be sure to follow up as directed with all medical treatment. Also, be sure to keep track of all your expenses and receipts.

For more info, visit the Car Accident Law Library. Call our Philadelphia car accident lawyers for a FREE CONSULTATION. (866) 641-0806

DISCLAIMER: This website does not create any attorney-client relationship or provide legal advice. It is crucial to peak to a qualified lawyer prior to making any decision about your case. Read full disclaimer at the bottom of this page.