PA Accident Lawyer

How to lose your auto accident case

A sure way to lose your accident case is to hire a lawyer who is a "jack of all trades". If you have found your lawyer online or in the yellow pages, look at the ad carefully. Does the lawyer advertise that his or her office handles every type of case under the sun? Do they claim to do divorce, bankruptcy, estate law AND accident or personal injury cases? Unless this is a large firm with many lawyers in subspecialties, you may be hiring a jack of all trades, master of none. You should choose a lawyer who practices exclusively in the area of personal injury law, which may include various types of accidents. When you contact the office, ask how much experience the lawyer has in personal injury law and how many years they have been in practice. In fact, ask whether the attorney handles a large number of auto accident cases if yours is a motor vehicle accident case. There is a huge difference in the experience level of lawyers, even within the category of "personal injury lawyers". Do your research and get the best lawyer for your case. WorthingtonLawGroup.com

Pedestrian Accidents and LIMITED TORT

Did you know that even if you are a limited tort insured on your automobile policy, a choice of coverage which would normally eliminate your ability to pursue a claim for pain and suffering unless you suffer a very serious injury, IF you happen to be a pedestrian and are hit by a car you are considered FULL TORT and can pursue a claim? If this has happened to you and you want to know your rights, I am happy to discuss this with you. Of course, if you own no car and do not live with a resident relative who owns a car (which would impose upon you whatever tort selection the car owner/relative has picked), you are a Full Tort insured. This is fairly complicated, but we can explain if you have been in this type of accident and need clarification on these points. Call 215-576-5150 or go to www.worthingtonlawgroup.com for more information.

Auto policies with very low property damage limits in PA are a real problem

Many people call me saying they have been in a car accident in an old car for which they did not purchase collision coverage. Usually, the client will say that their insurance agent told them it "isn't worth it" to purchase collision coverage if the car is very old. However, I always ask the client :have you set aside a savings account to pay for a replacement vehicle in the event this "old" car gets destroyed and there is no other insurance to cover the repairs? Nearly everyone says to me that they figure the insurance company for the person who caused the accident should pay for repairing their damage. HELLO??? What if you are the one who caused the accident? Nobody is perfect and accidents happen. If you cause the accident and your car is a total loss, you won't get a cent from anybody to replace the car, so you need to either set aside at least a few thousand dollars (which you can always use for other purposes later if you don't end up needing it to replace your car) or you need to buy collision insurance. It really isn't that expensive. In addition, many people don't realize that numerous auto insurance companies are writing policies that have LIMITED property damage coverage on them. If you are in a car accident and a driver with one of these awful limited property damage policies, you may only be able to get a maximum of $5000 for the damage to your car, even if it would cost $10,000 to repair. These limited property damage policies are purchased because they are cheaper than policies which have no limit. The insurance company can charge a lower premium for them. People who buy them are usually in strained financial circumstances and have few if any assets. Do yourself a favor and buy collision insurance on your clunker, or set aside enough money to buy a replacement for your clunker and leave it there until you need it.

Limited Tort vs. Full Tort -what does it matter?

How do I choose between the limited tort option and the full tort option? 

Features of the “limited tort” option are that you basically forfeit your right to suefor pain and suffering, loss of life’s pleasures, embarrassment, inconvenience, and all other types of non-economic damages unless you suffer a “serious injury.”  Of course, “serious injury” is an injury which causes death, serious impairment of a body function,or permanent serious disfigurement.

      Keep in mind that courts and juries in Pennsylvania have said that the following are not considered “serious impairment of body function”:

     1. Two fractures in the left foot (Lalena v. Murray, CCP Berks, Dec. 21, 1995.

 

     2. A compression fracture of the lumbar spine (Kennedy v. Beckley, Pa. Super,  No. 02335, Phila., 1994).

     3. A fractured skull (Davies v. Roshong C.P. Bucks, September 4, 1996).

 

When you choose limited or full tort, you bind or commit all those covered underyour insurance policy (e.g. your spouse and your children).

 Even if you have chosen limited tort you still retain the right to bring a claim for economic damages, such as unreimbursed earnings and unpaid medical bills.

 

            If you choose the “full tort” option you retain all rights to sue for all of the non-economic damages which include pain and suffering, etc. in all cases.  You also provide maximum protection for you and all those bound by your selection of a tort option (e.g. your spouse, your children, and in some cases, passengers in your car) against a negligent, uninsured or underinsured driver.

 How do you decide if the cost savings will justify the selection of limited tort?      

      You can do a comparison of insurance premiums fairly easily utilizing Progressive Insurance’s computerized analysis which allegedly shows the least expensive premiums.   To do so, you must get online and enter the coverages from your current declaration page to see what the three least expensive premiums would be according to Progressive Insurance in your location.  If it is any indication of how insurance company employees really feel about the limited tort option, you should know that I am not acquainted with any insurance adjuster since the beginning of my practice who has selected limited tort on their own policy.  If employees of the insurance companies are usually choosing the full tort option and paying extra money for it, you know they think it is worthwhile.  I can tell you from many years of law practice that I have never consulted with any limited tort insured who was pleased to have selected limited tort once an accident has actually occurred.  Don’t be a “hindsight as 20/20 of insurance customer.”  Realize that there is a fairly good likelihood that at some point you will be in an accident and you don’t want to sacrifice your rights.

 

 

 

 

 

 

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How do you select the best automobile insurance coverages in PA?

How do I choose the correct car insurance?

 

There are numerous things to remember when purchasing your car insurance.  “The Golden Rules” include the following:

 

1. Never drop a type of coverage unless you actually know what you are giving up.

 

1. Never eliminate a coverage unless you know exactly how much money you are going to save by doing so.

 

1. You are better off erring on the side of being a little over-insured as compared to being grossly under-insured.

 

1. Do not purchase more insurance coverage than you can reasonably afford.

 

1. If there is any aspect of the insurance you do not understand, ask your agent to explain it in plain terms to you.  As you know, the wording of auto insurance policies are often in difficult to understand “legalese” even in the simplified policies.  Do not hesitate to ask your agent if you have any questions.  In the alternative, call your lawyer who will explain the meaning of the terms.  Your agent or lawyer will tell you if you are fully protected.

 

1. Purchase as much “uninsured” and “underinsured” motorist coverage as you can possibly afford.  These two coverages are traditionally very inexpensive compared to your liability insurance.  They protect you against people who don’t have enough insurance or have no insurance, and there are a huge number of people who currently cannot afford insurance.  Accordingly, you are protecting yourself from those people who are out on the roads without any insurance and may run into you. 

 

1. Always choose the “full tort” option unless you can’t afford insurance otherwise.

8 AUTO ACCIDENT MYTHS YOU MAY HAVE HEARD

BELIEVE THESE AUTO ACCIDENT MYTHS AND YOU WILL REGRET IT!

• If you are reasonable and honest with the insurance company you will get a reasonable settlement proposal from them.
• When you are in an accident and the insurance company asks you for a recorded statement, you must give them a recorded statement or they won’t settle with you.
• The insurance company for the person who hit you is obligated to pay your medical bills as they are incurred.
• The tort liability system is like a lottery which helps an accident victim “get rich.”
• Merely because there has been an accident that wasn’t your fault, there must be some insurance company that will pay your bills, lost wages, and compensate you for your injuries.
• It is a good idea for your lawyer to refer you to a chiropractor or other doctor.
• If a lawyer has a big, expensive full page ad in the Yellow Pages or a television ad, he or she must be a good lawyer.
• Pennsylvania juries are generous.

Visit  the Worthington Law Group, located in the Philadelphia, Pennsylvania area, to learn more about what happens after the auto accident.

Why am I writing this blog?

I am sick and tired of seeing insurance companies take advantage of people “before” they have had a chance to speak to an attorney. For years, one major insurance company would encourage claimants to not hire an attorney. Frankly, you may not need an attorney to represent you in your case, depending upon the facts; however, you should be armed with this important information from the very onset of your claim. This report is to inform you today – not tomorrow which may be too late.

You are at a complete disadvantage when you deal with the insurance company. The insurance adjusters who handle claims do it all day, every day. This is the way they get their paychecks and pay their bills each month. You may be very intelligent and successful, but you are probably not a claims professional; but they are claims professionals. Think of it in terms of baseball. If you went to bat against a major-league pitcher, you could get lucky and foul off a pitch or two, but try hitting that big-league curve ball. You would probably strike out.

I don’t want you to strike out in your case and neither do you. I'm writing this blog to help level the playing field. If you have any questions about an accident in which you, a family member, or a friend have been injured, you need the advice of someone who understands the system and the way insurance companies think. Basically, the insurance company wants to close the file and get you to release all of your claims.

Here are some tactics insurance companies have used in some of our cases just to wear you out and get you to go away or to settle for less than you should:

1.    Deliberate delay. The insurance company knows that often, after an accident, you are under financial pressure to replace your car and sometimes you have lost wages due to your injuries. They take their time with your claim so you feel a sense of desperation and worry about your medical bills, losing your job and having your credit affected by unpaid medical bills.

2.    Requesting Unnecessary Information. The adjustor will insist that you run a “wild goose chase” to track down every little piece of information before they can “evaluate your claim.” Even if you were rear-ended, they will make you produce a police report if their insured disputes your story of how the accident happened. Sometimes the police report isn’t available for weeks! They don’t mind waiting a few weeks for you to do the leg-work. Meanwhile, they are earning interest on your money in their coffers!

3.    Disputing Medical Treatment. You may not be aware of this, but some companies use a computer program to determine how long you need physical therapy for certain injuries. Not only that, without any formal medical education, and even before your doctor writes a report, they “know” when you should be recovered from your injuries. Meanwhile, they have no conscience about having you sign a blanket medical authorization which allows them to look at all of your medical past––not just your accident-related records. They can use your old irrelevant medical history to blame your injuries on some prior condition your suffered.

4.    Deny some medical charges, even if clearly related to the accident. Just think. If they shave merely 5% off your claim, and can do that to the millions of claims made each year, they will get richer. Do you think you will get a discount on your annual auto insurance premiums because of the money they have saved? Well, do you recall any year in which your insurance premiums decreased from the prior year? I sure don’t.

5.    Misrepresenting or omitting to fully represent Insurance Benefits. This one is really bad. They tell you that there is only $100,000 of coverage. After we file a lawsuit, we suddenly find out there is an umbrella policy for $1,000,000! Don’t you think they knew that before we filed a lawsuit? Of course they did!

6.    Acting like your Buddy and Making False Promises. Don’t kid yourself. No matter how badly injured you were or how sympathetic the adjuster sounds on the phone, he is not your friend. Beware the adjuster who befriends you, shows up at your house and promises to pay future medical bills. This is an infamous tactic to stop you from hiring a lawyer. I assure you they won’t come around to your home after you hire a lawyer! As to those future medical bills, don’t hold your breath waiting for payment based on the insurance company’s promise. They will only pay the bills until their computer program tells them the claim is costing them too much. Your own insurance company can become your enemy and your credit can be damaged when they start shooting down your medical bills. Do you think the doctor will simply “write off ” your billing because the insurance company won’t pay? Of course not. Your bills will end up in collection and that could destroy your credit.

Beware of outrageous lawyers advertising of many offices, which I call “accident mills,” attempt to handle hundreds of cases at a time making promises that can’t be kept or to equate your injury to cash, cash, cash. In these firms your case is rarely handled by the attorney you thought you hired and you are often passed off to an inexperienced associate or paralegal. If you hire an accident mill lawyer, you will be lucky if you ever speak to the attorney you thought you hired!

Most lawyers would require you to make an appointment in which you would get some of the information that is provided in this blog. You should have access to this information right now and without any pressure. The hiring of an attorney to represent you is an extremely important step that could make or break your case.

Certainly, if you need immediate advice or have a pressing question about your accident even before you finish this blog, do not hesitate to call Worthington Law Group at 215-576-5150 or toll free at 1-866-644-2389. You can also visit our web site at www.worthingtonlawgroup.com for more information about the firm and it's approach to accident claims.

The War Zone

You entered a so-called “war zone” once you are injured. You are at war, but it is a war that can be won. Insurance companies, and some in the government, have “declared war” on injured people and their attorneys. They wage the war in the media and the propaganda has had a tremendous effect on juries and their verdicts. This is called tort reform. The success that insurance companies have had in prejudicing the minds of jurors have emboldened them to not offer fair settlements until you prove to them that you are ready, willing, and able to go to trial.

Admit it. Until you or a family member got injured, you, too, may have thought that a personal injury lawyer is a bad person and that people who make claims and file suits are stealing from society. The insurance companies paid a lot of money to brainwash you that way!

Limited Tort vs. Full Tort - Why Does This Matter?

In Pennsylvania you are given the option of choosing what is called “limited tort” or choosing “full tort” coverage. The insurance companies offer you a small discount on your premium if you choose limited tort. However, they probably never explained to you the consequences of that potentially fatal error to a future case. In general, the insurance agent will explain to you that if you choose limited tort it will be a lot less expensive and you will still have the right to sue if you are seriously injured. This sounds wonderful! Who wouldn’t want to pay a few hundred dollars less per year in premiums as long as they still have the right to sue if they are seriously injured? The problem is that the definition of a serious injury is far from clear. And why do they call the coverage “Limited Tort?" Why couldn’t they just speak plain English and call it “Limited Right to Sue” or something you might actually understand? Because they don’t want you to understand. That will cost them money!

What does the law say is the definition of a “serious injury?" Pennsylvania law defines “serious injury” as “[a] personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.” However, the law does not define the word “serious”!

What In Heaven's Name Is A "Serious Impairment" Of Body Function?

The courts have been revising this definition since 1990 when this option became available. The truth is that it is not clear at all exactly what a serious impairment to a body function is and the definition seems to change from case to case. For that matter, what is a permanent “serious” disfigurement? Is a dark inch-long scar on my arm a serious disfigurement? Maybe not because I am not a fashion model. If the scar is on my face, but it is only ½ inch long and partially hidden by my hair, even this may not be a serious disfigurement! If I have a knee injury requiring surgery, this surely must be considered a serious injury, right? Not necessarily if your job is sedentary and you are a couch potato with no physical hobbies. You can see how difficult it can become to evaluate the “seriousness” of an injury. Why subject yourself to that type of analysis if you don’t have to? By choosing limited tort you subject yourself to the possibility that you will receive no compensation for pain and suffering even though you feel your injury is serious! Limited Tort is a terrible coverage and every cent you pay for full tort is worth it, even within the City limits of Philadelphia where the price differential for full tort is far greater than the suburbs. If you wish to have more information on this coverage, please contact my office. Worthington Law Group will send you a brochure published by the Pennsylvania Association for Justice (previously called the Pennsylvania Trial Lawyers Association) which explains why you need full tort coverage.

Well, what if you selected limited tort before your accident? Will you still have a case? This is something that we would have to evaluate thoroughly. The most important thing that you can do before you call an attorney is to locate your “Declarations Page” from your auto insurance policy. The Declarations Page is the first page of your policy and shows all the insurance coverages and premiums you paid for each in itemized form. Any attorney you speak to will need to see not only the Declarations Page, but eventually the full policy to determine what coverages apply to you. Remember, you are the one who has purchased these coverages on behalf of yourself and any relatives living in your household who do not have individual policies of their own. You make the choice of limited tort or full tort for your spouse, children and any other relative living in your household who does not have a separate insurance policy.

There are several exceptions or “loopholes” to get you out of limited tort, but they only apply in certain limited circumstances. Your specific facts and circumstances will need to be discussed with the attorney, and you will have to provide a copy of your declarations page and insurance policy to evaluate your specific situation. Suffice it to say it is far more complicated under most circumstances if you are a limited tort insured, and this is not a coverage you should select, regardless of the fact that “full tort” coverage is more expensive.

Why would your insurance agent sell you Limited Tort when the company would make more money by selling you Full Tort coverage? They know when you come in to buy your auto policy, you want to pay as little as possible to get the coverages required by law. The last time you bought auto insurance, did you ask the agent to explain at length the significance of the coverages you have selected? Of course not! The explanation is boring and complex and you are busy. Most people say to their agent “just give me the insurance I must have by law and give me the best price”. The agent then shows you a form showing how you will save hundreds of dollars by getting Limited Tort which is perfectly legal and you sign wherever they ask to get the job done. You have your mandatory auto insurance, the agent gets a nice renewable premium every year and everything is great…until you get into an auto accident and find out your insurance is not what you thought.