Pennsylvania Car Accident Law FAQ Answered by Conshohocken and Philadelphia Personal Injury Lawyer Stuart Carpey

This applies in car accident cases. Full tort coverage means that you and your family members have unlimited access to the court system to seek compensation for personal injuries from a car wreck. Limited tort means that for a lower premium, usually about $100-$200 less per year, you and your family members have a very limited access to the court system if you are claiming compensation for personal injuries following a car wreck. In real terms, if a person who has purchased limited tort coverage does not have debilitating and disabling injuries, for instance, broken bones requiring surgical repair, herniated disks in the spine requiring surgical repair, then they have no claim. There are very few exceptions to limited tort. Full tort coverage is not limiting at all. Full tort coverage is far and away the better coverage and should be the only choice when purchasing auto insurance in Pennsylvania.

What is “uninsured motorist” coverage? What is “underinsured motorist” coverage?

UM coverage protects you and your family in the event you or your family members are injured in a car wreck by an “uninsured motorist.” An uninsured motorist is defined as a driver who doesn’t carry his own coverage and also defined as a hit-and-run driver who flees the scene of an accident. Therefore, if the at fault driver is uninsured or leaves the scene, or in some cases a drunk driver, if you purchased uninsured motorist coverage on your auto insurance policy, your insurance company steps into the shoes of the at fault driver and you and your family can seek injury compensation up to the limits of the amount of coverage that you purchased.

UIM coverage protects you in the event the at fault driver did not carry enough insurance coverage. If the at fault driver had a minimal liability policy, in other words, a 15,000/$30,000 liability policy, and you and your family members all sustained injuries that exceeded $30,000 in value, you/your family members would be able to collect $30,000 in coverage from the at fault driver’s insurance policy ($15,000 maximum per person) and then you would be able to make a claim against your own insurance company for UIM benefits up to the amount that you purchased in UIM benefits.

If I have full coverage on my car insurance policy, am I protected?

No. Full coverage is a misnomer. It means nothing. All you can be assured of if you purchased full coverage is that your insurance agent sold you the cheapest coverage he could. It does not mean you purchased full tort coverage.

Does your firm work with my family attorney?

Yes. We will include your family attorney in whatever manner you prefer.

If a friend borrows my car and is involved in an accident in Pennsylvania, does my insurance company pay for any damages?

Yes, unless your friend had his own insurance coverage, in which case his/her insurance coverage will be used. Also, your insurance company will not pay for any damages unless your friend had your permission to use your car.

After an accident what should I do if my car is towed from the scene?

Ask the investigating police officers which towing company towed your car.Contact the towing company and find out the costs to have the car removed from their lot. Most towing companies not only charge for towing your car, but also “storage” charges for having to keep a car in their lot. You want to try to minimize the storage charges, so it is important to get your car out of the lot as quickly as possible. If your car is repairable your car will need to be towed to a repair shop, and your insurance company usually, but not always, will pay the towing costs. Whether your insurance company pays depends on the type of car insurance coverage you purchased. If you can, you should take all personal belongings from your car at the scene of the accident. Depending on the circumstances of the accident, this may be difficult. If you are unable to remove these items, you can contact the police department and/or towing company directly to make arrangements to remove your personal belongings from the storage lot where your car was towed. When you get there, be sure to take pictures of your car.

What is a lien?

A lien is a property interest that a health insurance company, or the state or federal government, has against the proceeds of a personal injury settlement or verdict. Various governmental entities can also assert liens for money previously paid to individuals who later obtain a settlement or verdict. Those entities can be, for instance, the Pennsylvania Department of Public Welfare for child support, cash assistance, or medical assistance. Other entities can include Medicare and Medicaid. Workers compensation carriers always have a lien against the proceeds of a settlement or verdict. There are specific rules that apply to all liens, including how they can be asserted in a personal injury case, and how they can be resolved.

Will my insurance rates increase after a car accident?

Your insurance rates can only increase if you are “at fault” in a car accident case, or if you have a moving violation, like a speeding ticket. Making a medical claim for injuries from a car accident cannot raise your rates. This is because Pennsylvania, like many states, requires a “no fault” form of car insurance. This also means that your own insurance company pays your medical bills no matter who is at fault in an accident.

Who decides if a case should go to trial or should settle?

It is your lawyer’s job to advise you in the decision making process of whether to settle or to go to trial. The risks of trial can outweigh the risks of settling your case. If you settle, you know the amount of money you are receiving as compensation for your injuries. Going to trial means that you are leaving that decision to twelve people you do not know, and who don’t know you. In addition, the costs of going to trial are usually much greater than the costs on your case before trial. Of course, by settling, you risk the unknown of “what would the jury have awarded me.” Ultimately, the decision is yours.

A friend of mine was in a car wreck and broke her arm. She said she got a lot of money. Will my case be worth as much as hers?

Each case is different, and must be evaluated from a point of view of what the medical records say about the injuries, and what your doctor can say about your injuries when asked to do so in court. It is extremely important in an accident case to know how the injury affected the injured person’s life, and whether the injured person missed time from work or was debilitated in some other way. All of these factors go into evaluating a case. Since everyone is different, and not all injuries are exactly the same, the value for each case has to be different.

Who will pay my wages if I’m in an accident and miss time from work?

In a car accident case, if you purchased income loss protection on your auto insurance policy you can get up to 80% of your gross wages reimbursed, typically up to $5,000. In an accident case that does not involve a car, and where you are not injured on the job and have a worker’s compensation case, you are not typically reimbursed for your wage loss until the end of the case. However, you should look for any disability policies that you have, either that you purchased individually, or through an employer, as these policies may provide income loss protection for you in the event you are injured in any type of accident.

Can a car insurance company who represents the driver of a car who hit me deny payment to my doctor for my whiplash injury, when they accepted responsibility for their insured by paying for the repairs to my car and by paying for a rental car while my car was in the shop?

Insurance companies in Pennsylvania injury cases often try to save money by not paying accident victims. But here’s the real story: the insurance company for the other driver is not obligated to pay you anything! If they make an offer to settle your injury case, and how much they offer depends on a multitude of factors. (See our article in our “Library” section on “How Much is Your Personal Injury Case Worth?”. In a Pennsylvania car accident case, the other guy’s insurance company does not have to pay you medical bills. Your insurance company pays your medical bills. The other insurance company is required to defend their insured in any lawsuit that you file against the other driver, and “indemnify” their uninsured up to their insured’s policy limits-that means they will pay a verdict up to the amount of insurance coverage that their insured purchased. They do not have to settle your injury case before trial, although in many case insurance companies may be willing to settle personal injury cases, including whiplash cases. If you would like more information on this subject, you should consult an experienced Pennsylvania personal injury lawyer in your area (read the article on our website also) and decide whether it is best to settle your Pennsylvania personal injury case or whether it is best to go to court against the other driver.

The insurance company gave me a list of their Direct Repair Shops. Do I have to use one?

No. You are the vehicle’s owner and can choose any repair facility. Your insurance company cannot require you to go to any particular shop.

The insurance company told me if I use a shop of my choice, I may have to pay more for repairs and may not get a lifetime guarantee. Is that true?

No. All repair shops work with the insurance company to negotiate the proper repair of your vehicle.

Are there differences in repair estimates from one shop as compare to another?

A lower initial estimate may not have included all the necessary work. Once the car is taken apart during the repair process, the insurance company is called to look at the vehicle in order to authorize the payment of additional work. This is fairly common.

What are some important points I should look for in a repair facility?

Make sure the shop has the proper equipment:

Unibody frame repair bench;
Three dimensional measuring system;
Compression resistance spot welder to duplicate factory welding techniques;
Computerized four wheel alignment machine to complete the repair by discovering damage to the suspension system that was caused indirectly by the accident;
Proper paint mixing that is able to color match your vehicle; and,
Factory, ASE, certified or I-CAR trained technicians.

What are “damages” in a Pennsylvania personal injury case?

To sue for ‘damages’ is to attempt to recover compensation for a loss and/or injury. The injury can take many different forms such as physical injuries that are immediately noticeable (scarring, broken bones), as well as those that cannot be seen. These types of damages are typically “past” damages by the time your case goes to trial since they are damages that have already occurred. These non-visible injuries include:

• pain and suffering
• anxiety
• the inability to perform your usual work, social, and recreational activities
• humiliation,
• fear
• physical pain and anguish

You are also entitled to be compensated for your medical expenses, and lost wages.

There is also a claim for “future” damages. If future expenses are foreseeable as a result of the incident, those ‘damages’ can also be recovered. For example, if it has been reasonably stated by your medical doctor that further treatment will be needed in the future, or that due to your injury you will no longer be able to work, those expected expenses/losses would be included in the ‘damages’ in your case.

How long should I continue to see my doctor after an accident?

As long as you have problems related to the personal injuries that you’ve sustained in your accident, it is advised that you continue to see your doctor. Frequently, injuries continue to bother people after a motor vehicle accident but the victim stops seeing his or her doctor: that is a mistake. As long as you, the victim, are having on going complaints related to the accident, you should be informing your doctor about those complaints. Go to the doctor and inform him or her of what’s going on, because, at the very least, your doctor is going to be making a record in his or her chart about your complaints, and you can present that list of complaints to the opposing insurance company. When the case goes to a juried trial, the jury will hear how long you went to see your doctor and what the complaints were over a period of time. It is crucial that, as long as you have complaints related to the injuries of the accident, that you continue to receive medical care.

If I am in an auto accident, how do I know if I need an attorney?

Following an auto accident, consulting an attorney is always a good idea to make sure the insurance companies involved give you the compensation you deserve. Because insurance companies do not have your best interests in mind, an attorney can help you deal with all the medical bills, property damage, and other damage that may have resulted from the accident, as well obtaining compensation for your injuries.

How do I get a police report and what do I do with it?

If a law enforcement agency responded to the accident, you are entitled to a copy of the police report. Simply contact the responding police officer or department to get a copy. They may require you to pay a small fee for the report. It is important to give this report to your attorney and your insurance company. This report contains facts that will ultimately help to resolve your claim with the opposing insurance company.

Do defense expert witnesses utilize deceptive tactics and misrepresentations?

Yes. Defense medical experts are hired by the defendant’s attorney and insurance company to render an opinion regarding your injuries, once the case is in suit. It is your lawyer’s job to uncover those misrepresentations. Defense doctors may claim to be experts in some specialty or profess to have a formal medical degree or specialized training when in fact they don’t. How prevalent is it? It’s not an epidemic in defense medical experts, but it does occur with some frequency. The internet certainly provides certain tools to weed out theses misrepresentations, but the inquiry does not stop there. Your lawyer should have access to his or her local trial bar materials on experts, and should be able to cull through those documents, for instance prior deposition testimony, to pin the defense expert in flat out lies, for instance in relation to his or her medical training. In addition the amount the expert gets paid annually by a particular defense firm or insurance company is discoverable information in Pennsylvania, and can go a long way to showing the jury that the defense medical expert is biased in favor of the insurance company. The defense is ultimately paying not only his bill, to provide an opinion in court in the case against you, but essentially is also paying the defense expert’s annual salary. This can be very good ammunition at trial if used effectively.

Can the hearing impaired legally drive a car?

Currently no laws exist which would prohibit the hearing impaired from operating a motor vehicle.

I was recently involved in a car accident which was caused by an equipment failure on the other driver’s car. Would this accident be considered the fault of the driver (car owner) or the car manufacturer?

Often, equipment failure is found to be the fault of the car owner as he or she likely did not provide adequate maintenance to the car. However, equipment failure sometimes occurs spontaneously and did not result from inadequate maintenance. In this case, specifics are necessary and you should contact an attorney to discuss the situation.

In a rear-end collision, is the driver in the rear always at-fault?

The common answer to this question is yes. However, there are circumstances in which the rear driver in a rear-end collision in Pennsylvania is not at fault. See our related article for more on this.

Something flew from a truck and struck my vehicle. Are there laws against improperly securing loads?

Yes. Truck drivers are required by law to secure their cargo, as well as all other equipment on the truck. They must also perform periodic inspections of the cargo to ensure that is still secure. If you have been in any way injured in an accident due a truck driver’s failure to secure his or her load, you may be entitled to compensation.

I was injured in a bicycle accident due to a pothole in the road. Who is liable for this accident?

If you were thrown from your bicycle after hitting a pothole in the road there are a number of entities that might be responsible. The state or the city could be held responsible, or whatever agency was commissioned to repair potholes in that area. In any case, you should report the incidence so that no one else is harmed by that pothole. And if you plan to pursue a claim, you should photograph the pothole in case it is subsequently repaired.

Following my Pennsylvania car accident, I could only return to work part-time. Am I eligible to recover money for lost wages?

Yes. If injuries from your Pennsylvania car accident have caused you to take time off from work, then it may be possible for you to recover damages for the difference between your normal, full-time hours and your current, part-time hours. It is important, however, to prove that your injuries were responsible for your time off from work. To prove this, you will need a note from your doctor which offers insight into why you needed to take time off.

How should I prepare for my first meeting with my Pennsylvania car accident attorney?

To best prepare for your first meeting with your Pennsylvania car accident attorney (which is a very important meeting) you should gather anything and everything pertaining to your case. This includes:

*Medical reports describing the injuries you sustained during your accident
*Police reports (if you have them)
*Estimates regarding damage to your property
*The names/addresses of people who witnessed the accident
*Any photos you took at the crash site
*The name of doctor(s)
*A privacy waiver which allows your attorney to speak with your doctor about your injuries

For more information about what you should and shouldn’t do after your Pennsylvania car accident, see this article on the Carpey Law website.

What is distracted driving?

Distracted driving is an act which removes a driver’s attention from the road and focuses it on something else, often a cell phone. It is a dangerous act which is contributing to more and more car accidents every year. Texting while driving is a particular culprit in these accidents. For more detailed information on distracted driving, related laws, and how distraction can cause accidents, follow this link.

How can I (as a parent) help my teenage son or daughter stay safe from Pennsylvania car accidents?

It is hard to let your son or daughter get behind the wheel of a car. And, to be sure, you want them to be safe while driving. Make sure to enroll your teen in the best possible driver’s education program. Graduated Driver Licensing programs are sprouting up all over the state, and they have excellent success rates. Also, set rules about your teen’s driving. Limit how many passengers your teen can have in the car at one time. Make sure to explain in detail the dangers of distracted driving (talking on a cell phone, texting while driving, etc). If your teen is found to be behaving irresponsibly, temporarily revoke driving privileges.

How Much Time Will it Take for Me to Recover Damages in My Pennsylvania Car Accident Case?

It is understandable that you want to know when to expect your case to end. You have mounting medical expenses, lost wages to worry over, and property damage to pay for. To be compensated to the fullest, and as soon as possible, the best idea is for you to speak to a Pennsylvania car accident attorney immediately. Every personal injury case is unique, and the time it takes to complete a case and recover damages depends on many factors, all of which you will discuss with your attorney. Throughout the process, be honest and detailed in your account of your accident.

Should I Obtain a Copy of the Police Report Following my Pennsylvania Car Accident? How Should I Go About Doing That?

It is often a good idea to have a copy of the police department’s report if you have been injured in a Pennsylvania car accident. This is especially useful if you plan to pursue a personal injury lawsuit.

There are multiple ways to go about obtaining a police report:

Request the report in person at the police station.
Put a request in writing and mail it to the police station
Make a request for the report on the police station’s website.

To help the process along, you should have some of or all of the following information: the of the car accident, the accident number, the name of the other driver(s), the license number of the other driver(s).

Also know that there is sometimes a fee your obtaining a copy of your accident report.

The Driver Who Hit Me Failed to Stop at the Red Light / Stop Sign but is Saying That He Did Stop. How Do I prove That He is Lying?

If the situation devolves into finger-pointing, it is best to be as detailed about the accident with the police and let them make their assessment of the accident. Crash site investigators are trained in determining the cause of an accident. They should be able to weigh in. However, if for some reason the crash site investigators cannot determine conclusively who caused the accident, you should seek the advice of a Pennsylvania accident attorney. Your attorney can do some leg work, interviewing witnesses, obtaining any surveillance footage, and hiring more crash site investigators.

Will the insurance provider for the other driver cover the cost of my car repairs?

Sometimes the other driver’s insurance company will cover the cost of repairs to your car or other automobile. However, this does not always happen. For example, if the cause of the accident is disputed the other driver’s insurer may not want to pay for your repairs.
You can, however, have your own insurer cover the cost of repairs if you have purchased “collision coverage” as part of your insurance plan. It could work out better this way. Your insurance provider may actually offer a better repair service than the other guy’s.

What is diminution in value?

When a car is involved in an accident and needs to be repaired it loses value. This loss is known as diminution in value. Any repairs to your car at all result in diminution in value. It is the extent of the repairs which dictates just how drastically your car’s value is affected. In certain cases, however, your insurance provider may pay for your vehicle’s diminution in value. You should speak to an attorney for more information on this.

What happens if the company which provides my insurance determines that my car is totaled?

Following your accident a mechanic will inspect your car and decide what repairs it needs and how much those repairs will cost. If the mechanic comes to a figure that amounts to eighty percent of your car’s value then you insurance provider may decide to consider the car totaled. Your insurer will then offer you the blue book value of your car before the accident occurred. Sometimes this number will seem lower than you’d expected. That’s why it is to seek legal advice when dealing with insurance companies following a car wreck.

What is a medical release? Should I sign one offered by the other driver’s insurance company?

When the other driver’s insurance company asks you to sign a medical release following a Pennsylvania auto accident they likely want to pore through your medical history and find any reason why your injuries were caused by something other than the accident. It is generally not a good idea to sign a medical release — especially not before consulting with an attorney. Signing a medical release can also be problematic if, after signing the release, more injuries develop that are related to your Pennsylvania auto accident. It is a good practice to never sign a medical release from the other driver’s insurer without first seeking advice.

Should I take the settlement offered by the insurance adjuster?

It is important for you to understand that accepting a settlement brings your case to an end. For this reason, it is important to think about all factors relating to your injury case before you settle it. You must consider impending medical bills, property damage bills, physical therapy bills, lost wages, and more, before making this decision. This is a big decision. Don’t make it alone.Definitely consult with a qualified personal injury attorney before signing anything.

Does it actually help if I take photos of the car accident scene?

Yes, definitely. Photos of the crash site help a lot in a car accident case. Of course, your injuries may prevent you from returning to the scene of the crash. In such a situation, see if a friend or family member can take photographs for you. If so, have them keep the following in mind:

Photograph the scene from all angles, including from high angles and low angles. Do your best to visually recreate the scene.
In each photo, include as many of the objects involved in the crash as possible. This means all cars, street lights, traffic lights, STOP signs, debris, and other objects.
Stand back and take some photos of the whole scene, including surrounding traffic and other landmarks.

Also, use a camera which will time stamp the photographs so that there is no disputing when the photos were taken.

What is a “life-care planner”?

A life-care planner is a professional who can determine what medical care you will need in the aftermath of your Pennsylvania car accident. A life-care planner will evaluate your injuries and figure out what your treatment plans will look like, what medications you’ll need, if you’ll require more surgery down the road, how often you’ll need to visit with doctors, and more. He or she will even offer an idea of medical expenses. This information will help your lawyer to prepare the best possible personal injury case for you.

Will my car accident case go to trial?

If you have been injured in a car accident in Pennsylvania, your case will be resolved in one of two ways. Either it will be settled or it will go to trial. Those are the choices.

Statistically, most cases settle. Probably 95 per cent.That does not, however, mean your case will settle.

What determines if a case will settle? A multitude of factors. Each case is different.

The amount of damage to the vehicles;
Type of injury or injuries the parties have sustained;
Whether the injured party or parties required surgery;
Are there liens involved in the case?
Are there unpaid medical bills or wage loss?
Who is the opposing insurance company?
Do you, the client, want to settle, or do you want to go to trial?
What is the settlement offer?
Is the settlement offer high enough?

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