Car Accident FAQ

Distracted driving is the most common cause of collisions for both personal vehicles and commercial vehicles. Over a thousand people in the US are killed every single day due to distracted drivers, and around nine people are killed. In Pennsylvania, texting while driving is illegal. If you were seriously injured in an accident caused by a distracted driver, it’s a good idea to consider speaking with a lawyer.

Pain and suffering compensation is based upon an examination of your case as a whole. All factors must be considered, including your age, your diagnosis, type of treatment, prior medical history, etc. An experienced personal injury lawyer would be able to accurately assess your pain and suffering value.

Receiving medical care should be your top priority after being in an accident. Even if you don't feel hurt right away, getting checked out is important. Going to a doctor or hospital is vital not only for your health and well-being, but also to strengthen your personal injury claim.

Pennsylvania adheres to comparative negligence. This implies that you might still be eligible for compensation even if you shared some of the blame for an automobile accident. On the other hand, the percentage of fault attributed to you might lower the amount of compensation you get. To assess your case and decide on the best course of action, it is imperative that you consult with an experienced car accident lawyer.

Out-of-state cases are handled by our office on a case by case basis. If we are not able to handle your case due to jurisdictional concerns, we can certainly provide you with a referral to another law firm that may be able to assist.

Yes, seek medical treatment immediately. Contact your insurance company to open a medical claim for those bills to be paid.

A personal injury lawyer can fight for the money that you need and deserve by law. He or she can help you collect money to pay for medical expenses, wage loss, pain and suffering, and other injury-related expenses.

Every case is different, but rest assured we're here to evaluate your claim and help you determine how much compensation you are entitled to recover. We have years of experience dealing with insurance companies, and we know Pennsylvania insurance laws inside and out. It's not always a simple or short process, but it's our job to protect our injured clients' best interests.

Where your vehicle is repaired depends on which insurance company is paying for the repairs. Each insurance company has its own policy. In Pennsylvania, typically, you have the right to choose where your damaged car is repaired. This is especially true if you have comprehensive coverage on your insurance policy. However, there are a few exceptions:

• If your insurance company has a preferred repair shop network: They might have agreements with specific repair shops. While you may still have the option to choose, there could be incentives or benefits for using a preferred shop.
• In cases of total loss: If your car is deemed a total loss, the insurance company will usually determine the fair market value and offer a settlement. You won't have a choice in where the repairs are made since the car will be sold.

If you consent to a recorded statement, the insurance adjuster or their investigator will ask you a series of questions about how the accident happened, your injuries, your medical treatment, and your wage loss. These questions are designed to provide the insurer with information that will help them defend the claim. You are not required to give a recorded statement and should consult with an attorney first. Generally, you have a duty to cooperate with your own auto insurance company; but giving a recorded statement to the at-fault driver's insurance company is different than giving a recorded statement to your own insurance company.

If you are in a car accident and the insurance company offers you a settlement, you should proceed with caution. Insurance companies frequently attempt to settle claims for less than their true value. As a result, before accepting any settlement, it is best to consult with an experienced car accident attorney in Pennsylvania near you. They can review the offer and negotiate on your behalf to ensure that you are compensated fairly and justly for your injuries and damages.

In the event of a car accident, the priority should be to ensure everyone's safety and to dial 911. Even if the injuries appear minor, it is critical to seek medical attention because some problems may not be obvious at first. Document the scene by taking photos and gathering information from other drivers involved, such as license plate numbers, insurance information, and contact info. Gather statements and information from witnesses as well. It is critical to notify your insurance company as soon as possible after the accident. Finally, if you have been injured in a car accident, you should consult with a car accident attorney to learn more about your rights and potential compensation.

You can make a wage loss claim with the at-fault driver's insurance company. You may be able to receive income loss benefits from your own car policy, which are a form of first party benefits. First party benefits may be recovered under an auto policy on which you are a named insured or under an auto policy covering you as an insured. Additionally, you may be able to recover first party benefits under a policy that insured the motor vehicle you were in at the time of the accident. If you are a pedestrian involved in an auto accident, you may be entitled to first party benefits under the policy of any motor vehicle involved in the accident. If you are the owner of a currently registered motor vehicle who does not have financial responsibility, then you cannot recover first party benefits.

In Pennsylvania, you typically have two years from the date of the car accident to file a claim or lawsuit. However, it is recommended to consult with an attorney as soon as possible after the accident to ensure that all necessary steps are taken within the required time frame.

If your vehicle is considered a total loss, the insurance company paying fair market value will pay the finance company. If there is an outstanding balance after fair market value is paid, then your gap insurance (if applicable) should cover the remainder.

Under "limited tort" insurance, you and members of your household who are covered under your auto insurance policy can try to recover compensation for all out-of-pocket and medical expenses. Generally speaking, you may not seek compensation for non-monetary damages such as pain and suffering, unless your injuries can be defined as "serious injury." Under Pennsylvania law, a serious injury is considered to be one which results in death, serious impairment of body function, or permanent serious disfigurement. Other limited tort exceptions may allow you to fully recover damages in these situations:

• If the person responsible for the accident is found guilty or if he or she agrees to accept an Accelerated Rehabilitative Disposition (ARD),
• If the accident involved driving under the influence of alcohol or other controlled substances,
• If the person responsible for the accident is driving a registered out-of-state vehicle,
• If the person responsible for the accident purposefully injured another or himself/herself,
• If the person responsible for the accident has shirked financial responsibility,
• If you occupied a vehicle other than a passenger vehicle at the time of the accident

The insurance company paying on the claim will determine whether a car is repairable or totaled. They do so by taking estimates on the car's value and damage. If the cost of repairing the car is more than the car's market value, then the car will be considered totaled.

Yes, you can still hire an attorney if the at fault driver's insurance company has made an offer, as long as you have not already accepted the offer verbally or signed settlement release documents which bind you to accept a certain amount. Keep in mind that it is always best to contact a personal injury lawyer immediately after a car accident, before a settlement offer is made.

The insurance company of the at-fault vehicle is responsible for those costs, but your own insurance company may pay for towing and storage and try to recoup the payments from the at-fault driver's insurance company.

If you are injured in a crash caused by a driver who has no car insurance, you or your attorney will need to determine if you can make an uninsured motorist (UM) claim under your car insurance policy. You may be able to make an uninsured motorist claim under the policy covering the vehicle that you were occupying at the time of the accident.