Ryan Zavodnick | September 14, 2025 | Car Accidents
After a car accident, many people may be asking the question: Can I sue someone if they are liable for a car accident? Generally, the answer is yes, but the insurance policies of both parties can greatly affect how the case is handled. Pennsylvania has a unique policy on car insurance that can make car accidents more complex than initially expected. Navigating compensation claims may hinge on the type of insurance policy on both vehicles and the extent of the coverage. Reviewing and familiarizing oneself with the legal details of Philadelphia’s insurance laws may help victims move forward after a car accident.
Suing someone personally after a car accident may be a viable solution, but the process may require a significant amount of legal knowledge. The victim of the car accident must be able to understand how to identify their own insurance plan as well as the other driver’s, and then they must be able to construct a case that satisfies Pennsylvania’s liability laws. Each of these steps, while possible alone, can be incredibly challenging without legal support.
A skilled Philadelphia car accident attorney from Zavodnick & Lasky can help evaluate a car accident case and may be able to answer the question, “Can I sue someone after a car accident?” Call the office today at (215) 774-6467 to schedule a free initial consultation.
Understanding Pennsylvania Insurance
Insurance laws in Pennsylvania are unique in that numerous forms of insurance that are not available in many other states are available in Pennsylvania. Additionally, individuals may also have a choice in which type of insurance they purchase. This can complicate matters when suing someone for a car accident, as the individual’s choice of insurance could influence their legal options. Pennsylvania is a choice no-fault state, which means two key things. First, the insured must purchase a personal injury protection insurance (PIP) plan, which covers their own damages in a car accident according to 75 Pa. Code § 1713. Second, it means that the insured can choose between different levels of coverage, full tort and limited tort
Full Tort
Full tort coverage insurance allows the injured party to sue for all damages, providing total coverage for any potential injury. This can help victims of car accidents receive fair compensation for all of their injuries and other damages, which makes it a highly effective option for Philadelphia drivers. However, full tort coverage is generally a more expensive option than limited tort. However, this cost may be worth the benefits of suing for non-economic damages after a car accident.
Limited Tort
Limited tort coverage for personal injury protection insurance is a cheaper option, sometimes up to 15% cheaper than full tort coverage. However, limited tort coverage restricts the types of damages an individual is allowed to sue for in an accident, which are detailed by the Pennsylvania General Assembly. Limited tort coverage does not compensate for emotional or non-economic damages, except for severe injuries. This means that unless the individual suffers extreme injuries like disfiguration or paralysis, is hit by a drunk driver, or an intentional collision with another driver, they cannot sue someone for pain and suffering damages.
For those wondering, “Can I sue someone after a car accident?” a skilled car accident attorney from Zavodnick & Lasky can provide more specific answers based on a case evaluation.
Recoverable Damages After a Car Accident
Understanding what types of damages are recoverable in a car accident can often reveal how to pursue these damages in court. When suing someone after a car accident, the injured party may have suffered property damage, injuries, pain and suffering, and other unexpected costs. These damages generally fall into two categories, economic and non-economic damages. Economic damages include any loss that can be calculated monetarily, such as repair costs for a vehicle, medical bills, rental vehicle costs, and lost wages. These are generally available to policyholders of both limited tort and full tort insurance.
Non-economic damages are intangible and cannot be defined in financial cost. These damages include pain and suffering, loss of enjoyment of life, and bereavement. Emotional damages can be difficult to define, as they cannot be counted or quantified in monetary cost. Additionally, limited tort coverage may restrict policyholders from suing someone for emotional damages. These restrictions may limit the amount of damages recoverable after a car accident. A skilled attorney may be able to clarify what emotional damages are available after a car accident.
Frequently Asked Questions
Listed below are several frequently asked questions regarding suing someone personally after a car accident.
When Can I Opt In to Full Tort Insurance?
Policyholders can purchase full tort insurance, but they cannot receive full tort coverage for accidents that occurred before they changed policies. If an individual holds a limited tort insurance plan, they cannot upgrade to a full tort policy and receive those benefits for a prior accident. However, many insurance plans will allow their policyholders to change plans according to company policy.
Can I Sue Someone for Pain and Suffering Damages?
Only individuals with full tort insurance coverage or those experiencing extreme circumstances can sue someone for pain and suffering damages. Besides holding a full tort insurance policy, injured individuals can only sue for non-economic damages if they suffered severe injuries or extreme circumstances. Severe injuries may include permanent disfigurement, paralysis, loss of bodily function, or wrongful death. Extreme circumstances may include a DUI accident, willful harm, a pedestrian accident, or other similar situations.
A Pennsylvania Car Accident Lawyer Can Help
In the wake of a serious car accident, many individuals wonder, “Can I sue someone for my damages?” However, the answer is not always so simple. Pennsylvania’s choice of no-fault insurance laws mean that suing for damages can look different for each individual. Understanding each individual’s personal insurance coverage can help clarify what damages are recoverable and how to approach the lawsuit. Full tort coverage and limited tort coverage can both provide distinct benefits, and understanding how to utilize Pennsylvania’s unique insurance laws for your benefit can help maximize the financial benefit. A skilled Philadelphia car accident lawyer can provide more specific details on the benefits of personal injury protection after a car accident. Schedule a personalized consultation today at (215) 774-6467 to learn more.
