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What
should I do immediately following a car
accident?
If you are not severely injured, collect all
pertinent information from the other drivers -
driver’s license numbers, address, telephone
numbers, insurance card information, etc. Keep a
daily journal beginning with the date of the
accident to document all physical and mental
injuries, as well as document your view of the
accident. Notify the arriving Pennsylvania
police officer of the events of the accident
that you can recall.
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Who is
liable for paying for my physical injuries as
well as any personal property damage?
Under Pennsylvania’s law, the driver(s) who
caused the accident’s liability insurance pays
for your car damage and personal injuries. If
you are at fault for the accident, your
liability insurance will pay the other driver(s)
for property damage and personal injuries up to
your policy's limits.
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How
does uninsured motorist insurance work?
Suppose that Jane is involved in a car accident
with Nick, who has no insurance and who was 100%
at fault. If Jane has uninsured motorist
insurance, she will be able to collect from her
insurance company. Her insurance company may
then sue the uninsured driver. This lawsuit is
known as a "subrogation" lawsuit. Some
states require uninsured motorist insurance as a
condition of owning a licensed motor vehicle.
Even if your state does not require it, you may
wish to consider purchasing it because of the
protection that it provides. Unfortunately,
there is a significant minority of individuals
who drive vehicles and who do not have
insurance.
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If I
am partially responsible for an accident, can I
still make a claim?
In a no-fault state, you and the other driver
will collect from your own insurance companies.
In a fault state, whether you can make a claim
depends on whether the state applies
contributory negligence or comparative
negligence rules.
- Under contributory negligence rules, you
will not recover if you were partially at
fault.
- Under comparative negligence, you can
recover a portion of your damages if you
were partially at fault. For example, if you
were 40% at fault, then you would recover
60% of your damages.
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Who is
responsible for an accident involving my vehicle
and a city street pothole?
Responsibility for damage caused by improper
maintenance or repair of Pennsylvania’s roads
and highways generally lies with the government
agency responsible for the upkeep of such
roadways. If it were a pothole on a city street,
the city would be responsible, etc.
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Should
I take the settlement my insurance company is
offering me?
You should not take any settlements offered by
an insurance company without first speaking with
an experienced Pennsylvania auto accident
lawyer. Insurance companies typically offer a
minimal amount of money in return for your
signature stating that you will not sue them.
Never take an insurance check without first
consulting an attorney.
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What
issues will I face in making a claim for my
injuries sustained in an auto accident?
The three categories of issues that typically
arise in a tort claim after an automobile
accident are:
- Liability – who is at fault and to what
degree
- Damages – injuries or losses that were
caused by the accident
- Insurance Coverage – what the insurance
company will pay for after an accident
A claim for injuries usually is based upon
carelessness or negligence. In worse case
scenarios, it involves an intentional or
reckless act.
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What
if I cannot afford to pay my medical bills?
If you suffer injuries from a car accident, you
will likely have medical bills from physicians,
hospitals, physical therapists, and other health
care providers. Under Pennsylvania’s law, you
are primarily responsible for paying your bills,
regardless of the cause of your injuries. The
at-fault person's liability insurance carrier is
responsible for paying you reasonable
compensation for damages incurred, which
includes medical bills, but the insurance
carrier is not responsible for paying your
doctors, hospitals, and other providers.
Sometimes the amount the insurance company is
willing to pay is far less than the actual
amount you owe.
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When
will my personal injury claim be resolved?
Personal injury claims can be resolved in a
matter of a few weeks or months. However, they
can take up to several years depending on the
complexity of the case. It is best to speak with
an experienced Pennsylvania personal injury
attorney about your specific case.
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What is
a permanent injury?
A permanent injury is an injury that will be
with you for the rest of your life or for some
period beyond the settlement of the claim. In
most cases, the injured party is entitled to
compensation from the at-fault party or their
insurance company for all medical bills incurred
to date and into the future for all injuries
caused by the accident.
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Am I
at fault if I rear-end another vehicle?
Usually, yes. Pennsylvania’s law states that
you must maintain a safe distance to be able to
stop safely if a car stops in front of you.
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I
did not feel pain at the scene and refused
medical treatment. Now, a few days later I am in
pain. What should I do?
You should immediately consult your medical
provider regarding any pain, discomfort or
possible injuries from a car accident, even if
you think they may be only minor injuries. Even
if you did not complain of injuries at the scene
of the car accident, you may be entitled to
payment of your medical bills, compensation for
pain and suffering, lost wages, loss of earnings
capacity, and emotional distress due to personal
injuries. You should consult an experienced
Pennsylvania car accident attorney to discuss
whether you need representation on your claim.
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Pennsylvania Accident Stats in 
