How will my medical bills be paid if I am injured in an automobile accident?
Generally, certain benefits for injuries received in a motor vehicle accident are payable regardless of who caused the accident. For example, if you are involved in an automobile accident and have automobile insurance, your own insurance company must provide medical payments coverage of at least $5,000. However, if you sustain serious injuries or encounter high health care costs, this sum may be exhausted quickly. Therefore, we recommend you purchase additional medical benefits from your auto insurance carrier. We also urge you to purchase wage loss protection which pays 80% of your lost wages, up to a maximum of $2,500 per month, to protect you and your family, in the event you are unable to work following an accident.
What rights do I have against a driver who caused the accident?
A driver who is at fault for an accident is generally required to compensate the innocent victim for the damages he or she has caused. This means that the insurance company for the at-fault driver must pay for property damage to your vehicle, non-covered medical expenses, lost wages, and possibly, pain and suffering caused by the injuries sustained in the accident. Pain and suffering often constitute a large part of the damages, and therefore, it is important that you do not waive this right by selecting the "Limited Tort" insurance option in your auto policy.
What is the difference between "Full Tort" and "Limited Tort"?
Pennsylvania law permits drivers to choose between Full Tort and Limited Tort coverage in your auto insurance policy. While you may be enticed to select Limited Tort due to its cheaper cost, it may cost you dearly if you are injured in an accident. By choosing Limited Tort, you give up your right to sue for pain and suffering except in extreme cases. This could mean a difference of thousands, hundreds of thousands, or possibly, millions of dollars in the amount of money damages recoverable by settlement or verdict. The cost of securing these rights is minimal. We strongly recommend you select the Full Tort option to fully protect you and your family.
Will filing an accident report increase my insurance premiums?
Filing an accident report alone is not likely to trigger a premium increase. Typically, insurance companies will only react to claims made against a policy. However, insurance is a competitive business and, within state regulations, companies may set different standards. Check with your company regarding their policy on a "chargeable" accident.
Why is it important to contact a qualified attorney and have an early investigation of an auto accident?
Time is of the essence when investigating an auto accident. It is in your best interest to have your attorney gather information promptly from witnesses, take photographs, and fully investigate the facts concerning your accident.
Also, there are certain legal procedures which, if not strictly followed, could prevent you from pursuing any claim you might have. By sharing your information with an experienced attorney in a timely fashion, you can be advised immediately about your rights and how to protect and preserve your claim.
If the other driver lacks automobile insurance, can I still be compensated for my injuries?
If the other driver is not injured or has inadequate coverage, you may make a claim against your own insurance company for Uninsured or Underinsured Motorist Benefits. Again, however, your ability to collect these benefits may be dependent upon whether you have selected the Full Tort option in your auto insurance policy.
Stop! - According to Pennsylvania, you must stop if you are involved in an accident.
Turn off ignition - to reduce the risk to fire.
Warn Others - by activating the four-way flashers on your vehicle, use of flares, reflective devices, or with the assistance of other people at the scene to avoid further accident or injury.
Obtain medical assistance - Generally you should administer first aid only to the extent that you are trained and qualified to do so.
Call local police, state police, or sheriff - Dial 911. Cooperate with the police officer by answering his questions simply and directly.
Exchange driver information - All drivers involved in an accident must give their name, address, date of birth, the registration number of their vehicle, proof of ownership, name and address of their automobile insurance company and provide proof of insurance. If this information is unavailable at the scene, the driver must provide this information within 72 hours from the date of the accident. Failure to do so is a violation of New York law.
Contact an experienced personal injury attorney - before you contact your insurance company. Your conversation will be confidential, whether or not you retain the attorney.
Notify your insurance company - and report the accident, even if:
An unreported claim may jeopardize your right to coverage under your insurance policy.
Don't leave the scene of an accident until - you have obtained ail of the information necessary to complete the accident information form in this guide. If someone is injured in the accident, do not leave the scene until the police or state patrol officer has given you permission to leave.
Don't move injured persons - who are incapacitated unless they are in danger from traffic, fire, etc., or in other emergency situations.
Don't admit fault - or apologize to anyone, including the police. A thorough investigation may reveal facts which you may not be aware of at the time of the accident.
Don't delay in notifying your insurance company - of the accident, but do not give them (or anyone else) an oral or written statement concerning the accident until you have had a chance to consult with a qualified attorney. Your remarks and statements could be used against you!
Don't be careless when completing the accident report or other forms. - Mistakes or inconsistencies may come back to haunt you.
This information is provided by the law firm of BURGETT & ROBBINS to help you gather and organize essential information regarding an automobile accident. If you have specific questions regarding your legal rights under New York law for injuries sustained in an automobile accident, please feel free to call us at (800) 832-6582. There is no charge for an initial consultation. Legal representation is provided on a contingent fee basis so you do not pay any legal fees unless a recovery is made on your claims.
BURGETT & ROBBINS is devoted to obtaining compensation for persons sustaining accident-caused personal injuries.
* This information is a publication of BURGETT & ROBBINS. It is not intended, nor should it be used, as a substitute for specific legal advice or opinion, since legal counsel may only be given in response to inquiries regarding particular factual situations as they relate to current New York law concerning injuries.
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The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use. |