 | Q: | Who pays my medical bills? | |
| A: | Under Pennsylvania law, regardless of how an accident happens or who may be at fault, your own automobile insurance company will pay your medical bills. All motor vehicle insurance policies in effect in the Commonwealth of Pennsylvania must have a minimum of $5,000.00 in medical benefit coverage. | |
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| Q: | Who pays my lost wages? | |
| A: | Work loss coverage is available for purchase on your automobile insurance policy. However, it is not a mandatory benefit. If you have purchased wage loss coverage, your first source for recovery of your lost wages is against your own automobile insurance policy. If you have not purchased wage loss coverage, or should your lost wages exceed the policy amount, you must then turn to any disability or wage loss coverage available to you through your employment or that you may have purchased on your own. Lost wages that are not paid or payable by any source of recovery are part of your claim against the at-fault driver. | |
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| Q: | Who will pay for the damage to my car? | |
| A: | Again, you should first check your automobile insurance policy. If you have purchased collision coverage on your policy, you may submit your property damage claim to your own insurer, regardless of how the accident happened or who was at fault. Your insurer will pay for your property damage, less any deductible. In the alternative, you may submit your property damage claim to the insurer for the other driver involved in your accident. This insurer will pay your claim, in full, only upon a determination that its insured was responsible for the accident. | |
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| Q: | Who will pay for a rental car? | |
| A: | Payment for a rental car is similar to the payment of your property damage claim. First check to see if you have purchased rental coverage on your own policy. If not, rental coverage may be paid by the other driver’s insurer. This will also require the other driver’s insurer to accept responsibility for the accident. Keep in mind there may be limitations on the amount an insurer will pay for a rental vehicle and the length of time for which you may have a rental car. | |
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| Q: | Who decides fault for the accident? | |
| A: | Following your accident, the police may be called to the scene of the accident. The responding officer will conduct an investigation, which generally includes interviewing all drivers involved in the accident and any witnesses to it. The responding officer will generally also record and document any physical evidence at the scene. The insurance companies for the drivers involved in the accident will also conduct an investigation, as will your attorney. Initially, it will be up to the other driver’s insurance company to accept or deny fault for the accident. Should your claim be denied by the other driver’s insurance company, it may become necessary for you to file a lawsuit to recover for your damages. | |
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| Q: | How much time do I have to make a claim? | |
| A: | Pennsylvania has a statute of limitations applicable to all personal injury claims. Generally, you have two years from the date of your accident within which to settle your claim or file a lawsuit. | |
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| Q: | What is uninsured motorist coverage? | |
| A: | Uninsured motorist coverage is an optional coverage on Pennsylvania motor vehicle insurance policies. It is coverage to protect and compensate you if you are injured by an at-fault driver who does not have motor vehicle insurance. | |
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| Q: | What is underinsured motorist coverage? | |
| A: | Underinsured motorist coverage is another optional coverage. If you have purchased this coverage on your policy, it may provide additional compensation to you for injuries suffered in an accident. Underinsured motorist coverage provides additional compensation to you when the at-fault driver does not have sufficient liability coverage to fully compensate you for your injuries and losses. | |
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| Q: | Which should I have on my policy, full tort or limited tort option? | |
| A: | You should have the full tort option on your automobile insurance policy. The full tort option protects your rights to seek full compensation for any injury you may sustain in a motor vehicle accident.
The limited tort option may prevent you from seeking compensation for pain and suffering after a motor vehicle accident. | |
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| Q: | Are there exceptions to the limited tort option? | |
| A: | There are several exceptions to the limited tort option that would allow you to pursue a claim for compensation for your non-economic damages. First of all, you will be granted full tort rights if the at-fault driver was operating a vehicle registered in another state at the time of your accident. Secondly, you are granted full tort rights if the at-fault driver pleads guilty to or is convicted of driving under the influence. Thirdly, full tort rights are granted if you are injured while a passenger in a commercial vehicle. Lastly, you are granted full tort rights if your injuries meet the definition of serious injury.
Serious injury means death, permanent serious disfigurement, or serious impairment of bodily function. | |
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| Q: | What factors are considered in determining a fair settlement value for my claim? | |
| A: | Many factors are considered in determining the fair settlement value of your claim. First and foremost, we consider your injury. Along with the nature of your injury, we consider the type of treatment you receive, the length of treatment, the existence of any permanent condition, need for future treatment, and the effects of the injury on your employment and activities of daily living. We also consider the circumstances of the accident, the amount of property damage sustained in the accident, whether there are any recoverable medical bills and recoverable wage loss. We will compare your claim to similar cases we have handled, as well as cases in the same jurisdiction in which your case arises. | |
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