Can one family member in Pennsylvania sue another for auto accident injuries under Pennsylvania insurance law?

If you have been in an auto accident with a family member in the state of Pennsylvania, and you have sustained injuries and incurred costs, you may be wondering whether or not you can legally sue your family member for the damages you sustained in the auto accident under PA insurance law. The answer is that it may be possible in certain circumstances. Whether or not you can sue your family member depends on who caused the auto accident, the seriousness of your injuries and on the type of insurance you have. 

Fault vs. No Fault Auto Accident Coverage in Pennsylvania

PA is unique in that it is a "choice" no fault state. This means when you buy your car insurance you either buy:

• Full Tort Coverage
• Limited Tort Coverage

If you have purchased full tort coverage, then you may file a lawsuit if you are injured in a car accident. This may include lawsuits against a family member who was driving, provided the other required conditions are met. If, on the other hand, you purchased limited tort coverage, you may not sue anyone, family member or otherwise, for your injuries; unless those injuries are very serious, life threatening, expensive and/or debilitating. For non-serious injuries, you are limited to collecting medical bills and lost wages from your own car insurer. 

Suing a Family Member for Auto Accident Injuries Under Pennsylvania Insurance Law

Assuming you have purchased either full tort coverage or that you have a serious enough injury under limited tort coverage, it is legal in the state of PA to sue a family member. You may sue your family member if:

• You were involved in an accident as the passenger and
  
  
• The driver who is your family member caused the accident.  

If you were the cause of the auto accident, you will not be able to sue.  

What If You Don't Have Your Own Insurance

If you do not have your own auto insurance, then the general rule is that your right to sue (or lack of right to sue) will be dependent upon what type of insurance your household has. In other words, if you don't have a car or drive, but your husband or parent bought a limited tort policy, you'll be bound by that policy and will not be able to sue anyone for a car accident unless your injuries are legally defined as serious.