|If you or someone In your immediate
family was involved in a
car accident it is imperative that the proper course of
action is taken immediately. You Should
Immediately Contact The Injury Law Group.
The ever-increasing incidence of automobile and motorcycle accidents
in the United States today is alarming. These accidents are the
leading cause of death for those under the age of 34. It is
estimated that over 40,000 people are killed in approximately 5
million motor vehicular accidents annually. Consequently, it is not
surprising that cases arising out of automobile accidents are by far
the most common type of personal injury case pending in our court
system today. If you are involved in a car accident it is imperative
that the proper course of action is taken immediately.
What to do in the event of an accident:
- Move to a safe area and call the police (paramedics if
- Remain calm and exchange relevant documents with the parties
to the accident.
- It helps to write down all of the relevant information
immediately. Information that should be recorded about the
- The other driver(s) names, driver’s license
- Did the other driver seem to appear to be under
the influence of alcohol or drugs?
- Were there any passengers in the vehicles? If so,
get their information as well.
- Did anyone involved report having an injury at the
time or shortly after the accident? If so, who?
- Was medical assistance rendered at the scene of
- If there were witnesses other than those
individuals involved, make sure to get all of their names
- What was the reported injury?
- What was the location of the accident?
- In what direction were the vehicles traveling?
- At what time of day did the accident occur?
- Were there any weather conditions at the time of
- Was there anything wrong with either vehicle at
the time of the accident, like a broken headlight or
- Was there damage to vehicles due to the accident?
If so, what kind of damage?
- Who were the registered owners of the vehicles?
- Were all vehicles involved in the accident
insured? What are the names of the insurance companies and
the policy numbers? (If they said how much insurance they
had, record that too.)
- How did the accident occur?
- Did anyone accept responsibility for the accident,
such as by saying "It was my fault, I am sorry. I was
speeding / not paying attention / not wearing my glasses /
distracted / tired / late for work / in a hurry / my coffee
had just spilled ... etc."? If so, write it down.
- Did anyone else say something to indicate that
s/he too was at least partially at fault -- such as "I
should have seen you but I was on my cell phone / I've been
taking these pills / my eyesight isn't what it used to be
after dark, etc"?
- Did the police come? If so, did they issue anyone
a ticket? Which officers were present?
- All such basic information may be relevant and
helpful down the line. It is a good idea to carry a pen and
paper and possibly a disposable camera in your car at all
times, for recording such information and photographing any
resulting damage in the event of an accident.
- Do not admit fault or say you’re “ok”, even though
this may be your natural response.
- Do not discuss the accident with anyone or place
the blame on anyone.
- File a police report. It is important to have an
accurate police report that reflects your recollection of
the events. Document names, addresses, telephone and license
number of persons involved.
- Do not under any circumstances give a statement to
the other driver or insurer, especially a “recorded
statement.” This may be used against you at a later point in
- If injured, seek medical attention as soon as
possible. If treatment is delayed it may later be argued
that any injuries sustained were not related to the car
- Contact an attorney at the earliest possible
opportunity. An attorney will be able to help you take the
steps needed to protect your legal rights.
What you may be
entitled to if you are injured in an accident:
- Medical expenses
- Compensation for lost wages
- Compensation for damage to car or other property
- Compensation for replacement vehicle while your car is
- In some cases, damages for pain and suffering, or even
Automobile accidents can prove to be very costly, even if you are
not the party at fault. For that reason it is important for you to
be prepared in the event of such an accident by making educated
decisions regarding your car insurance coverage.
Pennsylvania law requires drivers to elect between Limited
Tort and Full Tort insurance policies. At first glance, it may
seem more economical to opt for the Limited Tort coverage, due to
the slight decrease in monthly insurance premiums, but there are
severe repercussions associated with electing this restricting
option. With very few exceptions, the Limited Tort option forfeits
the right of you and your family to receive any compensation for
pain and suffering if you are injured in an accident. By electing
Limited Tort insurance coverage, you are making yourself liable for
certain out of pocket expenses that you may incur, which can easily
add up to thousands of dollars.
On the other hand, Full Tort coverage allows you to seek
compensation for pain and suffering as a consequence of the fault of
another person. Under this option, there are no restrictions on your
ability to receive compensation for pain and suffering. The general
law in Pennsylvania is that all insureds (defined as, any individual
residing in the household of the policy holder who is: a spouse or
other relative of the policy holder; or a minor in the custody of
the policy holder or relative of the policy holder) of a policy are
bound by the selected coverage of the named insured. This means that
in the event of an accident, a Full Tort policy holder or an insured
person is fully covered and entitled to pain and suffering
Remember, it is always possible to change your insurance
coverage. Make the prudent choice, select Full Tort insurance
coverage and protect your loved ones.
Pennsylvania adheres to the law of Comparative Negligence.
Under this legal concept, you may be able to recover damages even if
you were somewhat at fault for an accident. As long as the other
party was doing something that would lead to a showing that they
were more at fault than you were, you may be entitled to damages.
Comparative Negligence comes into play when both parties have
failed to reach the ordinary reasonable person standard. For
example, one person was driving too fast in a patch of dense fog on
the highway and the person whom he hit with his car failed to have
his vehicle lights on. In a situation where each party has some
degree of negligence in causing an accident, the responsibility to
the other person is reduced by one's own degree of negligence. In
the example provided, the party traveling too fast for the
conditions may be determined to bear 60% of the negligence and the
party driving without his vehicle lights on determined to bear 40%
of the negligence. If the second person driving without vehicle
lights would have recovered $10,000, his recovery is reduced to
$6,000 because of his 40% contributory negligence.
Uninsured/Underinsured Motorist Coverage:
Many drivers ignore motor vehicle insurance requirements, cannot
afford to purchase insurance, or carry insufficient insurance.
Uninsured motorist coverage is a form of insurance that pays for
bodily injury that results from an accident with a driver who is
legally responsible for the injuries, but has no liability coverage.
Underinsured motorist coverage pays for bodily injury that results
from an accident with a driver who has liability insurance with
limits that are lower than the injured party's underinsured motorist
coverage limits. If you have been involved in an accident with an
uninsured or underinsured driver, it is important that you contact
an attorney at an experienced personal injury law firm immediately
so you do not waive valuable legal rights.
Typically, uninsured motorist coverage protects injured drivers
if the at-fault driver has no insurance. Uninsured motorist coverage
can also apply when someone is injured in an accident with an
unidentified hit-and-run vehicle. If a person has uninsured motorist
coverage and is in an accident with an uninsured motorist, he or she
can collect from his or her insurance company to recoup damages. If
you are involved in an accident with an uninsured motorist, you
should consult with an experienced personal injury attorney before
you file a claim with your insurance company to ensure that you
obtain all of the coverage available to you.
Underinsured motorist coverage provides compensation for injured
drivers when the at-fault driver does not have enough insurance
coverage to compensate the injured party in full for his or her
injuries. An "underinsured motorist" is generally a person who is
responsible for the injuries, but who has opted to purchase only the
minimum policy required by law. If a person has purchased
underinsured motorist coverage is in an accident with an
underinsured motorist, he or she may be able to collect from his or
her insurance company to recoup damages that are greater than the
responsible party's limits.
In order to collect underinsured or uninsured motorist benefits,
a party generally must first establish that the underinsured or
uninsured driver was at fault and that he or she suffered
significant injuries. In the case of underinsured motorist benefits,
the injured party must also collect the at-fault driver's policy
limits before collecting under his or her own insurance policy. An
insurance company is typically entitled to a credit for any recovery
received from the underinsured motorist's policy.
Uninsured and underinsured motorist coverage protects a person if
someone who does not have adequate insurance injures him or her in
an automobile accident. If you are in an accident with someone who
is uninsured or underinsured, do not settle with the other driver's
insurance company without first contacting an experienced lawyer.
Some underinsured motorist policies are not required to pay if the
insured person has settled with the other driver's insurance
company. This can be a very costly mistake. Therefore, you should
consult with a personal injury law firm experienced in dealing with
automobile accident cases before you settle any portion of your
claim. An attorney can provide you with the information and support
you need to obtain the best result available to you.
Time Is Of The Essence! Because
There Are Limits On The Amount Of Time That May Lapse Between
The Incident And Filing Of The Lawsuit, It Is Imperative That
You Contact The Injury Law Group As Soon As
Possible To Review Your Claim For Free.
or call 877-4MY-LOSS
where our professional intake
counselors are available to receive your case information.
Upon review of your intake information, an
attorney from the Injury Law Group will contact you to schedule a