When Can (and Should) You File a Claim for Whiplash in Pennsylvania?

While whiplash may have earned an unfavorable reputation from movies and TV shows, the reality is that whiplash is a serious injury that negatively impacts many accident victims’ lives for weeks, months or even years. Not only can whiplash have serious physical impacts, but it can have serious financial impacts as well. Treatment can be incredibly expensive, and since accident victims will often need to take time off from work during their recovery, whiplash can lead to lost income and other costs as well.

This raises an important question: When can (and should) you file a claim for whiplash after an auto accident in Pennsylvania?

Understanding Pennsylvania’s Auto Insurance Laws

If you’ve been diagnosed with whiplash after an auto accident, you are most likely looking at filing an auto insurance claim (although there are other possibilities, as we discuss below). This means that you will need to familiarize yourself with the basics of Pennsylvania’s auto insurance laws. Unfortunately, this is more complicated than it is in many other states.

This is because Pennsylvania is one of only a few “choice no-fault” auto insurance states. Basically, what this means is that Pennsylvania has a two-tiered auto insurance system—and you must choose one of these tiers when you buy your policy:

• “Limited Tort” – This is the “no-fault” choice under Pennsylvania’s auto insurance law. If you buy “limited tort” coverage, your premiums will be lower, but you will also be limited in the types of compensation you can recover in most (but not all) cases.
• “Full Tort” – While “full tort” coverage costs more than “limited tort” coverage, it also provides more protection in the event that you suffer whiplash in an accident that was someone else’s fault.

How does this affect you if you have a claim for whiplash in Pennsylvania? First, it means that you need to make sure you know whether you have “full tort” or “limited tort” coverage. If you have “limited tort” coverage, you will be limited to recovering your out-of-pocket costs and lost wages under your own auto insurance policy unless an exception applies. If you have “full tort” coverage, however, you will be able to seek compensation for all of your losses (including non-financial losses such as pain and suffering) under the at-fault driver’s liability policy.

Second, it means that you will want to speak with an experienced auto accident lawyer promptly. Regardless of which type of coverage you have, determining how much you can (and should) seek for your whiplash won’t be easy, and you will want to have your lawyer deal with the insurance companies on your behalf.

Importantly, while you must choose either “full tort” or “limited tort” coverage, you have the option of purchasing other types of coverage as well. If you have optional auto insurance, such as an uninsured motorist (UM) or underinsured motorist (UIM) coverage, you may be able to use this coverage to seek additional compensation for your whiplash.

Filing a Claim Outside of Auto Insurance

While auto insurance applies in most scenarios, there are exceptions. Additionally, even if you have a “no-fault” insurance claim, your coverage may not cover anywhere near the total cost of your whiplash.

With this in mind, auto accident victims who suffer whiplash will need to think about filing a claim outside of auto insurance in many cases. When is this an option? You may have a claim for whiplash outside of auto insurance if:  

• Your accident resulted from a brake failure, tire failure or other vehicle-related issue
• Your whiplash resulted from an airbag or seatbelt defect
• Your accident resulted from an issue with the road (i.e., untreated ice or a hazardous construction zone)
• You got hit by a driver who was working at the time of the accident
• You got hit by a drunk driver who was overserved at a bar, nightclub or restaurant

These are just examples. If you are dealing with the financial and non-financial costs of whiplash, you will want to work with an experienced auto accident attorney to make sure you are pursuing all viable claims. If you don’t, you could end up leaving a significant amount of money on the table while facing the costs of your whiplash unnecessarily.  

Proving Whiplash (and Its Costs)

With all of this in mind, if you have any type of claim for whiplash after a car accident in Pennsylvania, you must be able to prove both your condition and its costs. This means that you should take the following steps—in addition to hiring a lawyer to conduct an investigation:

1. Collect Your Medical Records

If you sought treatment and received a whiplash diagnosis after your auto accident, you are already on the right track. You should collect your medical records so that you can discuss them with your lawyer during your free initial consultation.

2. Keep Track of Your Payments, Pending Bills and Lost Earnings

You should start keeping track of all the financial losses and debts you incur as a result of the accident. This includes keeping track of payments for things like medical care and prescriptions, keeping track of your pending medical bills, and making sure you have documentation of your lost earnings.

3. Document the Non-Financial Effects of Your Whiplash

You should do your best to document the non-financial effects of your whiplash as well. Record your pain levels throughout the day, and write down any other ways your medical condition interferes with your normal life.

Contact Us for a Free, No-Obligation Consultation Today

Do you need help filing a claim for whiplash after an auto accident in Pennsylvania? If so, we encourage you to contact us promptly for more information. With offices in Allentown, Bethlehem, Doylestown, Easton and Stroudsburg, we handle auto accident claims on behalf of victims and their families statewide. To schedule a free, no-obligation consultation as soon as possible, call 888-777-7098 or tell us how we can reach you online now.