Car Accident Law Questions
What does “full tort” mean? What does “limited tort” mean?
What is “uninsured motorist” coverage? What is “underinsured motorist” coverage?
If I have full coverage on my car insurance policy, am I protected?
Does your firm work with my family attorney?
If a friend borrows my car and is involved in an accident in Pennsylvania, does my insurance company pay for any damages?
After an accident what should I do if my car is towed from the scene?
What is a lien?
Will my insurance rates increase after a car accident?
Who decides if a case should go to trial or should settle?
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?
Who will pay my wages if I’m in an accident and miss time from work?
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?
The insurance company gave me a list of their Direct Repair Shops. Do I have to use one?
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?
Are there differences in repair estimates from one shop as compare to another?
What are some important points I should look for in a repair facility?
What are “damages” in a Pennsylvania personal injury case?
How long should I continue to see my doctor after an accident?
What does “full tort” mean? What does “limited tort” mean?
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.
