Proving Who Was At Fault
In some cases liability is clear, for example if you are stopped at light and rear-ended. But many times each driver will blame the other person for the car accident. A police report can be useful in determining fault, however many times the report is incomplete and even inaccurate. Further, the officer's conclusion regarding fault is generally not admissible evidence. Therefore, it is important to do an independent investigation. At Rosenbaum & Associates we routinely hire investigators to take photographs of the car accident site and property damage as well as obtain witness statement. In more complex cases we will retain engineering experts to perform an accident reconstruction.

How Do I Get Paid?
Under Pennsylvania law there are "first party (PIP) benefits" and "third party benefits." PIP stands for Personal Injury Protection and is paid regardless of fault. These payments typically include medical bills and lost wages up to a specified amount. Every Pennsylvania insurance policy must provide at least $5,000 in medical benefits, but wages and collision coverage are optional.

Third party benefits are paid by the defendant's insurance company and are only payable if another driver is at fault. Usually, this claim includes pain and suffering, outstanding medical bills, lost wages and can include property damage if you do not have collision coverage.

Full Tort versus Limited Tort
When selecting auto insurance you have a choice of purchasing "Full Tort" or "Limited Tort." If you choose the option of limited tort, you have an additional burden in order to recover for pain and suffering. You need to prove that have sustained a "serious injury," meaning personal injury that resulted in death, serious impairment of body function or disfigurement permanent in nature. Although there is no set criteria getting over this threshold, muscle strains and other injuries that resolve in a few months are typically not sufficient.

You can still pursue a claim if you have selected limited tort, but it is crucial that you get the appropriate diagnostic testing to confirm any injuries. There are also exceptions that can apply to change you from limited tort to full tort. For example, if the other driver was driving under the influence or was operating a vehicle registered outside of Pennsylvania you will have the full tort option.

If you selected the full tort option you maintain all of your rights to recover for pain an suffering. That means there is no threshold and you can recover for even minor injuries. Regardless of your tort option you can still recover for your economic losses (i.e. wages, property damage, and excess medical bills).

Uninsured (UM) and Under Insured(US) Motorist Coverage
Unfortunately, there are many drivers who do not have insurance or purchase inadequate liability coverage. Therefore, to protect yourself and your family, you should purchase both uninsured and under insured motorist coverage. You can also make a UM claim when the accident was caused by an unidentified driver (eg. hit and run). In pursuing a UM claim you are demanding that your insurance company pay for the all the damages caused by the uninsured driver. You still need to prove the other driver(s) were at fault. And you need to show the responsible party did not have insurance. One significant difference is the case is heard by a panel of arbitrators and not a jury.

What If None Of The Cars Are Insured?
If you are a passenger or driving someone else's car and neither car has insurance, you may still be able to get compensated for your injuries. You can recover UM benefits from your own car insurance or possibly a family member's car insurance. If no one in your household owns a car then there is a limited fund set up by the state where you can recover up to $15,000. However, there are a number requirements to be eligible for this fund.

If you would like more information please contact us online or call 1 800 7 LEGAL 7 for a Free Case Evaluation.

Related practice areas: Truck Accidents, Motorcycle Accidents