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COMMONLY ASKED QUESTIONS |
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1.) What type of automobile insurance should I have? We recommend that you purchase a "full tort" coverage as opposed to selecting the A limited tort option when you purchase or renew your auto insurance policy. The "limited tort" option provides that in exchange for a slightly lower premium, consumers (and in most cases their families) waive the right to recover in a personal injury lawsuit any non-economic damages, i.e. pain and suffering, anxiety, loss of life's pleasures and loss of consortium, unless the individual's injuries constitute a "serious impairment of a bodily function." Pennsylvania Courts have greatly restricted what injuries constitute "serious impairment of a bodily function." Indeed, the devastating injuries such as broken arms and legs, herniated discs and bulging discs, may not be a "serious injury" in order to pierce the "limited tort" threshold. Accordingly, it is our recommendation that you select the "full tort" option. It is also our recommendation that you do not waive your right to collect underinsured or uninsured motorist coverage. Underinsured/uninsured motorist coverage allows you to recover against your own policy should the individual who caused your injury have no insurance or not have sufficient insurance to compensate you completely for your damages. Given the great number of underinsured and uninsured drivers in Pennsylvania, it is very likely that if you are involved in an accident, the individual who caused the accident will be either uninsured or have inadequate insurance. Finally, we also recommend that you do not wave your right to A stack your underinsured and uninsured motorist coverage. A Stacking allows a policy holder to increase the amount of insurance coverage available to him or her should they be involved in an accident if multiple cars are insured under the same policy. For example, if you have two (2) automobiles insured under the same policy with $15,000.00 each in uninsured motorist coverage, the total amount of uninsured motorist coverage that you may collect against your policy is $30,000.00.
2.) If I have A limited tort coverage, can I still recover for my non-economic damages? Certainly, if your injury constitutes what Pennsylvania Courts define as a "serious impairment of a bodily function," you may recover non-economic damages even if your injury does not amount to a "serious impairment of a bodily function." However, there are a number of other exceptions to the "limited tort" threshold which may be available to you. First, if you sustained serious disfigurement, your injury may be able to pierce the "limited tort threshold." Furthermore, if the individual who caused the accident was convicted of driving under the influence, you are deemed to be "full tort." Other exceptions to the "limited tort" rule are if the vehicle which caused your accident is from out of state or is a commercial vehicle and, if you have two (2) or more vehicles in your household, one of which has "limited tort" coverage and the other has "full tort" coverage, if you are riding in the "full tort" vehicle at the time of your accident, you are deemed to be "full tort." 3.) If I am involved in an automobile accident, who pays for my medical bills and my lost time from work? Assuming you have medical bills and wage loss coverage on your auto insurance policy, then regardless of who is at fault in the accident, any policy in which you are the named insured on the policy must pay all of your medical expenses and wage loss up to the applicable policy limit. If you are not the named insured on your own insurance policy, then the next priority of coverage lies with any policy in which you are an "insured." An "insured" is a resident relative (mother, father, daughter, son, sister or brother) who resides in the same residence as a relative who owns and maintains an insured vehicle. If you do not have your own car or do not reside with any relatives who own their vehicles, then you must look to the policy of insurance for the vehicle in which you were riding in. If you have been in an uninsured vehicle and do not have your own car or reside in a household with a relative who has their own car, then you may collect medical bills against the insurance policy of any car involved in the accident. 4.) Who pays for damage to my vehicle? Generally speaking, the individual at fault for the accident is responsible for the property damage to your vehicle. If the insurance carrier for the negligent party refuses to pay for your property damage, then you are essentially left with two (2) options. The first, assuming you have collision coverage, is to pay your deductible and allow your own insurance company to fix the vehicle and to initiate legal action against the negligent party. The second is to retain your own counsel and go after the negligent party directly. At BLACK & ASSOCIATES, P.C., we regularly help clients recover for property damage even when the negligent party's insurance carrier has initially denied any or partial responsibility for the accident. Furthermore, if your claim for property damage is handled in conjunction with a personal injury claim arising out of the accident, there is usually no fee for recovering property damage from the negligent party. 5.) If I get a ticket as a result of an accident, do I still have a claim? You can absolutely still pursue a claim against a negligent party even though you may have been issued a traffic citation in a motor vehicle accident. Furthermore, under Pennsylvania law, even if you pay the traffic ticket, the citation and the fact that you paid the traffic ticket is inadmissible as evidence in Pennsylvania Courts. 6.) If I am injured by a defective product, what should I do? If you suspect that you may have been injured as a result of a defective product, it is essential that you contact a competent attorney who handles products liability cases such as BLACK & ASSOCIATES, P.C. immediately. Furthermore, it is absolutely essential that you save all of the defective parts and machinery. Under Pennsylvania law, you may be barred from presenting a products liability claim if you have not saved the defective product. |
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Attorney's Fees: All of our personal injury cases are handled on a contingency fee basis. In other words, you will not have to pay any attorney's fees unless we recover money on your behalf. The percentage of the fee depends on the type of case, status of the client i.e. minor or adult and/or whether the case is settled prior to the filing of a Complaint or the selection of an Arbitrator. |
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If you would like to schedule a free consultation to discuss your potential case, please contact us at (610) 566-8500 or if you would prefer, you can complete our personal injury evaluation form. |
