Frequently Asked Questions
1) Q: Who pays my medical bills, wage loss and
vehicle repair?
| A:
Quite simply, under Pennsylvania Law, it depends. If you have taken
the opportunity before an accident occurs to fully protect yourself and your family by
purchasing appropriate automobile insurance coverage, Pennsylvania law dictates that your
automobile insurer will pay your medical bills until exhaustion of the coverage you
purchased, regardless of fault. This is also true of optional wage loss coverage. If
you purchase this coverage, your carrier generally will pay for at least a portion of your
wage loss. Payment of your vehicle repairs will depend on who is at fault and the
type or extent of coverages involved. The complexity of these issues, depending on
the particular facts of your accident, may require consultation with a lawyer to advise
you appropriately. |
2) Q: Unless accepted by an insurer, how is fault determined and how
many parties are at fault?
| A:
Unless there is a definitive police report/investigation, or no question regarding
who is /are the party(ies) responsible for an accident, fault may have to be determined
after a civil trial, arbitration or mediation. A careful and appropriate
investigation of your accident may be necessary to determine who is at fault. It is
possible that there may be more than one party responsible for any given automobile
accident, such as a negligent driver, a highway designer, those responsible for
maintaining a highway, a vehicle manufacturer, or a bar responsible for over-serving a
visibly intoxicated patron who then operates a vehicle in a collision. The
complexity of these issues, depending on the particular facts of your accident, require
consultation with a lawyer to advise you appropriately. It is crucial to consult
with counsel as soon as possible to determine what type of investigation is necessary to
protect you and your family following an accident to ensure that the facts come to light. |
3) Q: What insurance benefits are available, and
how do I receive them?
| A:
A given accident will require careful analysis of any liability insurance coverage
insuring a responsible party, as well as proper analysis of the victims’ own
insurance policies. A victim may be eligible for automobile insurance coverage by
virtue of being, under Pennsylvania Law, a “resident relative” of a person who
purchased automobile insurance, or may be eligible for coverage when injured while
lawfully operating or occupying a vehicle owned by another person. It may not be
possible for you to know immediately who is on your side under such circumstances since
the nature of your loss may require you to make a claim against your own insurance company
for your uninsured or underinsured motorist benefits. It is important to consult
with a lawyer before engaging in any such discussions with your insurer or others so that
you are aware of your rights and are fully able to protect yourself. |
4) Q: What does full tort, limited tort, underinsurance and stacking
mean?
| A: Under Pennsylvania law, persons
purchasing automobile insurance have the option of selecting “full” or
“limited” tort coverage. Opting for “full” tort coverage ensures
that you and your family have the right to recover for any injury you received as a result
of an automobile accident caused by someone else. Selecting the “limited”
tort option may mean a small reduction of your premium, but it also means that, with very
few exceptions, you have given up your right (as well as perhaps the rights of your
resident family members) to receive compensation for pain and suffering if you are injured
in an automobile accident caused by the negligence of another. Uninsured and
underinsured motorist coverages are two of the most important automobile insurance
coverages that you can purchase to protect yourself and your family. Uninsured
motorist coverage protects you when you are injured in an automobile accident by someone
who has no insurance, or is deemed to have no insurance. Underinsured motorist
coverage protects you if you are injured in an automobile accident caused by someone who
does not carry enough liability insurance to cover the loss they have created. For
example, the minimum automobile liability coverage a person can purchase in Pennsylvania
is $15,000. If such a minimally-insured person seriously and permanently injures
you, it is unlikely that $15,000 of coverage would satisfy your claim for injuries and
damages. Therefore, underinsured motorist coverage would be critical in such a
situation to protect you. Making a claim to your own insurer for uninsured of
underinsured motorist benefits will not raise your rates. Furthermore, you can also
opt to “stack” these benefits when purchasing your automobile coverages.
Stacking multiplies the amount of your uninsured and underinsured motorist coverages by
the number of other vehicles you insure on the policy. Stacking is very important to
maximize your insurance coverage and protect you and your family. Consulting with an
attorney to assist you in making the right automobile insurance decisions before you have
an accident may be a smart choice for you and your family. |
5) Q: Do I have to pay back my
health insurance carrier if they pay some of my medical bills?
| A: Possibly. Certain
health plans have certain legal rights that must be observed and analyzed if they lawfully
pay medical bills associated with an automobile accident.
It is very important to consult with a lawyer to determine if a health insurance
plan has a right to recover anything from your personal injury recovery for the relevant
medical bills the health insurer may have paid. |
6) Q: Can I receive fair
compensation for my claim from the insurance company without a lawyer?
A: This complicated
question really revolves around the process of properly valuing a Pennsylvania personal
injury claim. Certainly, a critical consideration is whether the responsible party
has adequate liability coverage and, in the event of an uninsured or underinsured motorist
claim, whether all potential sources of recovery have been discovered, examined and
evaluated.
In light of their injuries, personal injury victims may not be able to comprehensively
present their claim to an insurance company and advocate for themselves, let alone
investigate their own accident, preserve valuable witness testimony and evidence and
involve necessary experts. When a victim has sustained a disability or has sustained
an impairment of future earning capacity, these damages must ordinarily be established
through the involvement of an economist. Likewise, damages available under Pennsylvania
law, if applicable, such as disfigurement, loss of enjoyment of life, embarrassment,
humiliation, loss of consortium and inconvenience must be accurately and persuasively
articulated if recovery for these is sought. Remaining aware of Pennsylvania laws
regarding things like statutes of limitation, and other important regulations, may prove
challenging for a victim without counsel.
Recovering from serious injuries sustained in a significant automobile accident and
attempting to carry on with life is often difficult enough - attempting to tackle the
presentation of your own claim under these trying circumstances without a lawyer and
expecting a fair result may be unwise. |
7) Q: If the responsible
driver(s) has no insurance, am I at a dead end?
| A: Not necessarily. If you have
selected uninsured motorist coverage on your automobile insurance policy, or are otherwise
eligible for such coverage, you may be able to make a recovery by presenting an uninsured
motorist claim to the appropriate insurrer. It is important to get appropriate
advice before an accident when making your automobile insurance coverage selections so as
to protect yourself and make wise decisions for you and your family. It is important
to consult with a lawyer who can advise you of your rights and assist you with your
automobile insurance purchase before an accident happens. |
8) Q: Does my spouse have a claim when I am
injured?
| A: Most likely, yes. If you are
lawfully married and living with your spouse when you are injured in an accident, your
spouse can, under Pennsylvania law, recover “loss of consortium” damages for the
injury to the marital relationship that occurs as a result of your personal injuries. The non-injured spouse’s right is contingent
upon the injured spouse’s claim and is not independent. It is important to consult with a lawyer who can
advise you of your rights and your spouse’s rights in the event of a serious
accident. |
9) Q: If needed, where do I get
an expert?
| A: Oftentimes serious automobile accident claims require
the retention of a liability or medical expert. The expense of expert testimony and
reports can be very costly. We routinely advance expert fees during the
representation of injured clients. Locating and engaging qualified experts may
require the assistance of an attorney. |
10)
Q: How do I contact an
injury lawyer to review my claim?
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