Frequently Asked Questions, Vehicle Accidents
1. Do I still have a claim if the other driver doesn’t have insurance?
Not everyone driving on the road follows the law and has car insurance to cover the damage caused by an accident, and sometimes, people only carry the state minimum insurance limits. In those cases, it’s important to know whether your insurance policy includes “uninsured/underinsured motorist” coverage. If the other driver who caused the accident is uninsured or underinsured, your own insurance policy may provide coverage for your medical expenses, pain and suffering, and other damages through your own uninsured/underinsured motorist coverage.
If you have questions about your insurance coverage following a serious car accident, consult with an attorney at SMB who can advise you as to whether you may have a claim. SMB can help you navigate the claims process and negotiate with insurance companies to ensure that you receive the compensation you are entitled to.
2. What is the difference between limited tort and full tort?
In Pennsylvania, limited tort and full tort are two options for automobile insurance coverage that determine the ability of the insured person to seek compensation for non-economic damages such as pain and suffering after a car accident.
Full tort coverage provides the insured with unrestricted rights to sue for damages following an accident, regardless of the severity of the injury. The policyholder can sue the at-fault driver for both economic and non-economic damages, including pain and suffering.
Limited tort coverage, on the other hand, limits the ability of the insured person to seek compensation for non-economic damages following an accident. Under limited tort coverage, the policyholder can only sue for non-economic damages such as pain and suffering if the injury meets certain threshold criteria, such as death, serious impairment of bodily function, or permanent disfigurement. There are other exceptions to limited tort coverage as well.
If you have questions about your insurance coverages following a serious car accident, consult with an attorney at SMB who can advise you as to whether you may have a claim. SMB can help you navigate the claims process and negotiate with insurance companies to ensure that you receive the compensation you are entitled to.
3. Who pays for my medical bills if I’m injured in an auto accident?
Pennsylvania’s no-fault insurance system requires all drivers to carry PIP (“Personal Injury Protection”) coverage as part of their auto insurance policy. PIP coverage is designed to pay for medical expenses and lost wages, regardless of who was at fault for the accident. These benefits are designed to paid when the accident happens, so that medical care can be provided regardless of whose fault the accident was. If you have PIP coverage, your insurance company will pay your medical bills up to the limits of your policy. If you don’t have PIP coverage or if your medical bills exceed the limits of your PIP policy, your health insurance may cover your medical expenses. If the accident was caused by another driver, you may be able to file a claim to cover your medical bills that were not covered by PIP, as well as other damages for your medical expenses, lost wages, pain and suffering and other damages.
If you have questions about your insurance coverages following a serious car accident, consult with an attorney at SMB who can advise you as to whether you may have a claim. SMB can help you navigate the claims process and negotiate with insurance companies to ensure that you receive the compensation you are entitled to.
4. The other driver said that the accident was my fault, can I still file a claim?
Yes. Regardless of what the other driver says or even what the police determined following an accident, it is always a good idea to consult with an attorney following a serious car accident to find out what claims may be available. In some cases, accidents and injuries may have been caused by a defective vehicle, defective tires, poor roadway design or other factors.
If you have questions about your insurance coverages following a serious car accident, consult with an attorney at SMB who can advise you as to whether you may have a claim. SMB can help you navigate the claims process and negotiate with insurance companies to ensure that you receive the compensation you are entitled to.
5. How do I file a vehicle accident claim?
If you are involved in a car accident and think that you may wish to file a claim for damages, it is important to preserve any evidence right away. If you are able to and if it is safe to do so, exchange information with the other driver(s) involved in the accident. Get their name, address, phone number, driver’s license number, and insurance information. Also, get the contact information of any witnesses to the accident. You should also document the accident by taking pictures of the accident scene and any damage to your vehicle, the other vehicles, and other property. Take notes about the accident, including the time, date, location, and weather conditions.
If you have questions following a serious car accident, consult with an attorney at SMB who can advise you as to whether you may have a claim. SMB can help you navigate the claims process and negotiate with insurance companies to ensure that you receive the compensation you are entitled to.