Pennsylvania State Government Laws on Whiplash Insurance Claims

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    No Fault and Whiplash

    • Pennsylvania law allows consumers to opt into a "no-fault" program in which they agree to be personally responsible for damage to their property or person. Drivers who take this option cannot sue other drivers or their insurance companies for property damage or minor injuries. Whiplash is an exception to this rule, however, because it is considered a severe injury. Thus, Pennsylvania drivers can sue if an accident causes them to suffer whiplash even if they have elected the no-fault program.

    At-Fault Insurance and Whiplash

    • If a driver has chosen to opt out of the no-fault program, he is free to sue any other driver for injuries, including whiplash and related injuries. The driver would have to prove that the other driver caused the accident and that whiplash and related injuries resulted from the accident.

    Injuries Related to Whiplash

    • Whiplash can cause other medical problems such as headaches, dizziness and lower back pain, according to the head of the nursing department at Hershey Medical Center. Whiplash victims in Pennsylvania are therefore able to sue for these injuries if they can demonstrate that they resulted from whiplash after a car accident.

    Other Insurance Requirements

    • Pennsylvania drivers who opt in to the no-fault system must carry personal injury protection as part of their auto insurance policy. This policy covers medical expenses related to an accident, limiting whiplash lawsuits to additional pain and suffering and lost wages due to the injury. Pennsylvania drivers who do not opt in to this program must carry personal liability insurance to protect themselves against lawsuits from other drivers, including claims that they caused whiplash.

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