Auto / Car Accidents Questions & Answers
What should I do immediately following a car accident?
If you are not severely injured, collect all pertinent information from the
other drivers - driver’s license numbers, address, telephone numbers, insurance
card information, etc. Keep a daily journal beginning with the date of the
accident to document all physical and mental injuries, as well as document your
view of the accident. Notify the arriving Pennsylvania police officer of the
events of the accident that you can recall.
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Who is liable for paying for my physical injuries as well as any personal
property damage?
Under Pennsylvania’s law, the driver(s) who caused the accident’s liability
insurance pays for your car damage and personal injuries. If you are at fault
for the accident, your liability insurance will pay the other driver(s) for
property damage and personal injuries up to your policy's limits.
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How does uninsured motorist insurance work?
Suppose that Jane is involved in a car accident with Nick, who has no insurance
and who was 100% at fault. If Jane has uninsured motorist insurance, she will be
able to collect from her insurance company. Her insurance company may then sue
the uninsured driver. This lawsuit is known as a "subrogation" lawsuit. Some
states require uninsured motorist insurance as a condition of owning a licensed
motor vehicle. Even if your state does not require it, you may wish to consider
purchasing it because of the protection that it provides. Unfortunately, there
is a significant minority of individuals who drive vehicles and who do not have
insurance.
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If I am partially responsible for an accident, can I still make a claim?
In a no-fault state, you and the other driver will collect from your own
insurance companies. In a fault state, whether you can make a claim depends on
whether the state applies contributory negligence or comparative negligence
rules.
- Under contributory negligence rules, you will
not recover if you were partially at fault.
- Under comparative negligence, you can recover
a portion of your damages if you were partially at fault. For example, if you
were 40% at fault, then you would recover 60% of your damages.
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Who is responsible for an accident
involving my vehicle and a city street pothole?
Responsibility for damage caused by improper maintenance or repair of
Pennsylvania’s roads and highways generally lies with the government agency
responsible for the upkeep of such roadways. If it were a pothole on a city
street, the city would be responsible, etc.
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Should I take the settlement my insurance company is offering me?
You should not take any settlements offered by an insurance company without
first speaking with an experienced Pennsylvania auto accident lawyer.
Insurance companies typically offer a minimal amount of money in return for
your signature stating that you will not sue them. Never take an insurance
check without first consulting an attorney.
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What issues will I face in making a claim for my injuries sustained in
an auto accident?
The three categories of issues that typically arise in a tort claim after an
automobile accident are:
- Liability – who is at fault and to what
degree
- Damages – injuries or losses that were
caused by the accident
- Insurance Coverage – what the insurance
company will pay for after an accident
A claim for injuries usually is based upon
carelessness or negligence. In worse case scenarios, it involves an
intentional or reckless act.
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What if I cannot afford to pay my medical bills?
If you suffer injuries from a car accident, you will likely have medical
bills from physicians, hospitals, physical therapists, and other health care
providers. Under Pennsylvania’s law, you are primarily responsible for
paying your bills, regardless of the cause of your injuries. The at-fault
person's liability insurance carrier is responsible for paying you
reasonable compensation for damages incurred, which includes medical bills,
but the insurance carrier is not responsible for paying your doctors,
hospitals, and other providers. Sometimes the amount the insurance company
is willing to pay is far less than the actual amount you owe.
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When will my personal injury claim be resolved?
Personal injury claims can be resolved in a matter of a few weeks or months.
However, they can take up to several years depending on the complexity of
the case. It is best to speak with an experienced Pennsylvania personal
injury attorney about your specific case.
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What is a permanent injury?
A permanent injury is an injury that will be with you for the rest of your
life or for some period beyond the settlement of the claim. In most cases,
the injured party is entitled to compensation from the at-fault party or
their insurance company for all medical bills incurred to date and into the
future for all injuries caused by the accident.
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Am I at fault if I rear-end another vehicle?
Usually, yes. Pennsylvania’s law states that you must maintain a safe
distance to be able to stop safely if a car stops in front of you.
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I did not feel pain at the scene and refused medical treatment. Now, a
few days later I am in pain. What should I do?
You should immediately consult your medical provider regarding any pain,
discomfort or possible injuries from a car accident, even if you think they
may be only minor injuries. Even if you did not complain of injuries at the
scene of the car accident, you may be entitled to payment of your medical
bills, compensation for pain and suffering, lost wages, loss of earnings
capacity, and emotional distress due to personal injuries. You should
consult an experienced Pennsylvania car accident attorney to discuss whether
you need representation on your claim.
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 At Munley,
Munley & Cartwright, our goal is to provide exceptional legal services to our
clients. We strive to achieve the highest standard of excellence for the
protection of individual rights through team work and the use of our
considerable resources and experience. Whether we’re gathering evidence,
giving advice, or talking with insurance companies, we are always your
representative.
If you have been injured in a car accident, please do not hesitate to
contact our law firm. Our experienced accident attorneys can evaluate your
claim, and help advise you of your legal rights. Please call: 1-800-318-LAW1 or complete our online evaluation form.
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