The nature of car accidents is very significant because it shifts the dynamics of life. It brings about injuries, damages, and financial pressures. The state of Pennsylvania can be tough to navigate car accident laws on your own. It may sometimes be tough to deal with insurance companies, determine fault, and acquire compensation for injuries or damage. You need a clear legal compass for your rights and responsibilities. But here is where a Philadelphia car accident attorney can really make a difference. Tremendous knowledge regarding state-specific laws helps manage the aftermath of an accident; with their expertise, you’ll get compensation justifiably deserved.
We will delve into Pennsylvania’s car accident laws, including important terms like no-fault insurance, and we will learn how an attorney based in Philadelphia can help guide you every step of the way.
Pennsylvania’s No-Fault Insurance System
Probably the most important feature of Pennsylvania car accident law, however, is that it has a no-fault insurance system. Pennsylvania is classified as a “choice no-fault” state, which does bring some confusion to most drivers’ minds. In other words, when you purchase auto insurance in Pennsylvania, you have the option to opt for either no-fault or regular insurance coverage in most instances.
- No-Fault Insurance: In this system, after an automobile accident, your insurance company, no matter who was at fault with respect to the accident, will pay for you to obtain doctor-prescribed medical care and other, specific out-of-pocket expenses. Such coverage is called Personal Injury Protection, or PIP. However no-fault insurance does not normally cover non-economic damages, such as pain and suffering.
- Traditional Insurance: Under traditional insurance, you can still sue the other motorist for all types of damage, including medical expenses, lost wages, and non-monetary damage, such as pain and suffering. Your premia tend to be high.
It can be the difference between disaster or slight headache if involved in a car accident: choosing between no-fault and traditional insurance. A Philadelphia car accident lawyer can help you understand the implications of your choice and guide you through the claims process according to the type of coverage you have.
Limited Tort vs. Full Tort Coverage
The second key feature of Pennsylvania car accident law involves a tort/election under the insurance that distinguishes between limited tort and full tort insurance coverage. It is an election you make when you choose your car insurance, which determines how flexible you are to file for claims of damage after the accident has occurred.
- Limited Tort Coverage: If you opt for the limited tort, then you can’t sue for recovery in the form of non-economic loss-the pain and suffering. You can only do that if certain levels of law were met, such as scarring and/or serious permanent inside/outside disfigurement, or serious permanent clinical impairment of a bodily function. While this might make your insurance cheaper, it severely limits your ability to receive compensation for certain kinds of losses.
- Full tort coverage: This provides the ability to sue on every type of damage, including pain and suffering against anyone who causes an injury. It costs a little more to buy but also provides a lot more protection if you’re injured in an accident.
The choice between limited or full tort coverage significantly determines the range of legal options you have after an automobile accident occurs. While a choice for limited tort coverage may preclude you from claiming certain benefits available to full tort individuals, if you have chosen limited tort but believe that your injuries meet the definition of serious within Pennsylvania, a Philadelphia car accident lawyer can assess your case for determination into whether it satisfies the Pennsylvania serious definition, which would then allow you to file a claim for greater benefits.
Fault and Liability in Automobile Accident Cases in Pennsylvania
In addition to knowing what a policy covers, it is helpful to understand how fault and liability operate for car accidents in Pennsylvania. Because Pennsylvania follows a modified comparative negligence rule, it has implications for compensation paid out on car accident cases.
Under this rule:
- If you are partially responsible for the causation of an accident, the compensation will be reduced proportionally. For example, if you are found to be 20% responsible for causing the accident, and damages are awarded at $100,000, your compensation would decrease proportionally by 20%, and you would be left with $80,000.
- However, if it is ascertained that you are more than 50% at fault in the car accident, then there is no room for recovery against the other person involved.
Determination of fault in a car accident can be very complex. This could entitle a detailed consideration of the scene of accident, testimonies by witnesses and analyses from experts. Insurance companies may also try to make you bear greater fault than you deserve so that your share is lower and minimized. A car accident lawyer in Philadelphia will make sure that your rights are guarded through meticulous investigation to ascertain who is liable for the car accident. He will negotiate with the insurance company so that you are not faulted in the accident unfairly.
Filing a Car Accident Claim in Pennsylvania
After a car accident in Pennsylvania, there are a few procedures you will have to go through. It does not have to be an overly complex step, but any mistake might also further affect your chances of a fair settlement.
- Report the Accident: Pennsylvania law requires you to report any car accident that resulted in injury, death, or significant property damage to the local police. Failure to report a car accident may lead to legal proceedings and complications when it is time to present your claim.
- Medical Care: Even if your injuries are relatively minor, you should seek medical attention as soon as possible following an accident. Some injuries occur, such as whiplash or even internal damage, that will not manifest themselves for some time after the occurrence. A medical examination will result in documentation of your injuries in the form of a paper trail, which can prove indispensable in settling your claims for damages.
- Notify Your Insurance Company: Inform your insurance company You should immediately inform your insurance company about the accident. At the same time, you must inform them of basic information about the incident but avoid the statement and settlement offers without consulting an attorney.
- Collect Evidence: Collect Evidence from the Scene If possible, photograph the accident scene. Get the contact information of any witnesses to the accident. Collect the insurance and vehicle information of the other driver. This is going to be gold while building your case.
You have made some basic moves so far, and it’s time to retain a Philadelphia car accident attorney. They’ll be your advocate in making your claim and ensure all the information documents are properly done and submitted on time. In Pennsylvania, there is a two-year statute of limitation for personal injury claims regarding car accidents; therefore, time is of the essence not to wait any longer before you get the legal services you need.
Dealing with Insurance Companies
One of the hardest chores to deal with regarding your car accident claim is managing an insurance company. Insurance adjusters are skilled negotiators who are ultimately concerned with limiting the exposure of their company’s liabilities. They will often dangle a quick settlement far below what your claim is worth, hoping to get you into an agreement without knowing the long-term implications.
A Philadelphia car accident lawyer will give you the opportunity to negotiate with the insurance companies without there being pressure on you to accept the lowball offer. He’ll calculate all your full damages, from the medical bills, lost wages, future medical care, and even non-economic losses caused by your pain and suffering. If you have a car accident lawyer on your side, you are going to have a much stronger position for receiving a fair and just settlement.
Pursuing a Personal Injury Lawsuit
Sometimes, negotiations with insurance providers may not produce the desired results, and a lawsuit for personal injury would be required to fairly compensate you. A car accident lawyer in Philadelphia may assist you in preparing your case to make a case and defend it in court if necessary.
To win a personal injury lawsuit, one needs to prove that the other driver was negligent and that their negligence indeed resulted in the present injuries. Your attorney will guide you through the process of gathering police reports, medical records, witnesses’ statements, and expert testimonies.
Most auto accident cases tend to be settled out of court, but having a lawyer who prepares the case for it to be heard in court if need arises brings force to the table to obtain an insurance company’s settlement offer.
How a Philadelphia Car Accident Lawyer can Help
Pennsylvania’s car accident laws are pretty complicated, and if you suffer injuries, it makes the whole process overwhelming. A car accident lawyer, for that matter, would help you navigate through the situation at each step of the process, which includes:
- Evaluating Rights: The lawyer will discuss with you how Pennsylvania’s car accident law is applicable to your case and how much compensation you may be able to receive based on the extent of your insurance coverage.
- Paperwork and due dates: All the dealings with legal procedures will be done with as much paperwork that overburdens and stringent deadlines that are to be met. Your lawyer will ensure everything is done accordingly, and submitted before due dates.
- Investigation of the accident: Your lawyer will do thorough investigation into what happened and who is at fault, gather all evidence, and build a strong case for you.
- Insurance companies negotiation: You are assured that the lawyer to negotiate with insurance adjusters to yield a good settlement that will cover your cost for doctors, lost wages, and other forms of damage.
Represent you in court: In case the case has to go to the courts, be assured that the lawyer will be taking your case to ensure that all your rights and lawful compensations are protected.
Dedicated Legal Guidance from a Leading Philadelphia Law Firm
Being left to find one’s way out from the mishap of a car accident demands skilled and professional legal services. Alva Foster & Moscow, LLC in Philadelphia is your law firm to support you through this harrowing process of filing your car accident claims in Pennsylvania. Their attorneys guide each of their clients individually about how to better negotiate with insurance companies to do the right presentation of their case before the judge. Visit Alva Foster & Moscow, LLC to learn how their team of highly experienced lawyers can lead you to the compensation that you deserve after a car accident.
Conclusion
Car accidents often lead to a tremendous amount of damage physically, psychologically as well as financially. If you endure Pennsylvania’s process for car accident law on your own, you may end up making costly mistakes and getting the wrong compensation. Therefore, a Philadelphia car accident lawyer always knows better than you the fine details and always ensures that one gets compensated fairly. Whether you are having problems with the insurance companies, making a personal injury claim, or dealing with the no-fault system, having a savvy lawyer can always protect your rights while giving you the best possible outcome for your case.
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