Following a car accident, navigating the details of an insurance claim can be the most frustrating aspect of recovery. This is especially true for individuals who find Pennsylvania's auto accident laws confusing. Pennsylvania is one of twelve states with no-fault insurance laws for policyholders.
Pennsylvania's no-fault insurance laws frequently cause confusion. After a car accident in Pennsylvania, you should consult with an experienced PA car accident attorney about your claim filing options and the types of compensation you may be eligible to receive based on the severity of your injuries and your current auto insurance coverage. Many victims of auto accidents in Pennsylvania question when their cases will go to court.
In Pennsylvania, if you are injured in a car accident, you have the right to file a lawsuit seeking compensation for your injuries. Numerous people question whether it is necessary to file a lawsuit after an auto accident. If you have suffered only minor injuries and property damage in Pennsylvania, filing a claim in small claims court is a simple process. However, if your injuries were severe, you should retain the services of a Pennsylvania auto accident attorney, such as Brandon J. Broderick.
Pennsylvania is a “No Fault” Insurance State
Pennsylvania is one of the twelve states in the United States that presently have no-fault insurance policies. If you are familiar with the state's requirements regarding auto insurance and PIP, filing a claim and selecting a policy in the future will be simplified.
In the Commonwealth of Pennsylvania, all drivers are required to carry PIP insurance. If a person is injured in an accident, their own insurance will cover the cost of their medical care, regardless of who was at fault. What occurs when a person endures severe harm and another party is clearly at fault? The majority of people in Pennsylvania are still restricted in the amount of compensation they can seek when filing a lawsuit for damages other than medical expenses. This depends on the insurance policy you select and whether you have "limited tort coverage" or "full tort coverage."
In contrast to limited tort policies, which prohibit claimants from suing after a predetermined payout threshold has been reached, "full tort" policies permit individuals to opt out of the no-fault system and sue a negligent party. Those with full tort coverage can still seek compensation from a negligent driver for pain and suffering. "Full tort" plans are more expensive, but they protect an individual's right to an unrestricted jury verdict.
If you select the cheapest policy option, as the majority of people do, it is unlikely that you will obtain full tort coverage. The majority of policyholders have limited tort coverage.
Your Insurance Does Not Cover All of Your Costs
If you were injured in the accident, your Personal Injury Protection (PIP) insurance is intended to cover losses such as medical expenses and lost wages. However, in the event of a severe injury, your PIP coverage may not be sufficient to cover all of your losses. Or, your own insurance company could deny or reduce the value of your claim.
If your insurance does not cover all of your expenses, the best course of action is to consult with an experienced Pennsylvania car accident attorney who has the knowledge and skills to demand a fair amount of compensation and negotiate on your behalf.
Your Insurance Company is Denying or Undervaluing Your Claim
Be very wary of accepting an insurance company's initial settlement offer. It is typical for insurance adjusters to place pressure on injured claimants to settle quickly. Once you have agreed to a settlement, you cannot request additional compensation if you subsequently discover that your bills were higher than you anticipated. Always consult with an auto accident attorney prior to accepting a settlement offer.
Pursuing Damages for Pain and Suffering and the Serious Injury Threshold in PA
What defines severe injuries in a car accident has significance in Pennsylvania personal injury cases because victims with limited tort insurance must sustain a serious injury in order to seek damages for pain and suffering in car accident cases.
In addition to injuries that result in death, the state of Pennsylvania classifies as serious two other categories of conditions: those that severely impair bodily function as well as those that permanently disfigure the body.
The United States Department of Transportation uses the definition of "suspected serious injury" from the Model Minimum Uniform Crash Criteria (MMUCC) guideline to define a severe injury. According to the Federal Highway Administration (FHWA), the following types of injuries are considered serious:
- Severe lacerations that result in exposed tissue, muscle, or bone or excessive blood loss
- Broken or distorted arms or legs
- Traumatic injuries caused by being crushed
- Injuries to the head, upper body, or abdomen that go beyond minor cuts and bruises
- Burns of the second or third degree that cover at least 10 percent of the body
- Unconsciousness at the scene of the accident
- Paralysis
In addition to long-term or permanent physical complications, victims of severe car accidents may incur expensive hospital bills if they sustain severe injuries. If their condition prevents them from working, it may appear impossible for them to support themselves and their families, much less pay off their medical debt. Those with limited tort coverage may still be able to pursue compensation for their injuries. A PA car accident attorney can help you collect the necessary evidence to prove that you sustained a serious injury due to another driver's negligence.
When Does a Pennsylvania Car Accident Case Go to Court?
The majority of auto accident claims are settled before they reach court. Complex cases involving serious injuries and/or multiple parties at fault are most likely to proceed to trial. Regardless of the likelihood of a settlement versus a trial, many victims choose to hire a personal injury attorney like Brandon J. Broderick to represent their best interests in negotiations with insurance companies and at-fault parties.
A plaintiff could be offered a settlement at any stage of the litigation process. It is common for an initially modest settlement offer to be substantially increased as the trial approaches. Our skilled PA auto accident attorney will assist you in evaluating the settlement offer in relation to the quality of the evidence gathered and the potential value of your claim. Occasionally, when the evidence is ambiguous, accepting the offer is the most sensible course of action. However, if the offer is inadequate and your claim is strong, we will recommend that you proceed to trial.
According to research, hiring an attorney typically results in a larger settlement. In 2014, the Insurance Research Council (IRC) discovered that car accident victims who hire an attorney receive a significantly larger recompense than those who do not. Even when attorney fees (paid after the claim is concluded) are accounted for, injured claimants receive a larger amount. The expertise and experience that a personal injury attorney brings to your case can assist you in receiving the maximum possible compensation.
Let Brandon J. Broderick Help You With Your PA Car Accident Claim
After a car accident, it can be difficult to determine if you have a valid claim and are being compensated fairly without the assistance of an attorney. It is possible that a third party is partially responsible for the accident. For instance, if defective brakes prevented a vehicle from stopping adequately, the manufacturer of the defective auto component could be held liable. It is in your best interest to consult with an experienced Pennsylvania car accident attorney about your case.
At Brandon J. Broderick, Attorney at Law, we value exceptional client service, compassion, and results. We have you covered with offices in Allentown, Bethlehem, Erie, Lancaster, Philadelphia, and Pittsburgh. We have decades of experience successfully advocating for our clients, even when other attorneys claim there is no case and insurance adjusters deny or undervalue the claim. Contact us today for a complimentary consultation.