Car accidents are one of the leading causes of injury and death for virtually all age groups. When other drivers make poor decisions or dangerous mistakes, innocent drivers and passengers are left with the fallout. Whether you faced mild, moderate, or very serious injuries, our lawyers can help you seek compensation for the crash.
Getting compensation is often confusing, especially considering that Pennsylvania has multiple types of insurance policies with their own rules and restrictions. When you seek damages, you might be able to get some from your insurance, but other damages typically are not paid unless you take the at-fault driver to court.
Call The Reiff Law Firm today at (215) 709-6940 for a free case evaluation with our car accident attorneys.
How Car Insurance Works in Auto Accidents in Levittown
Pennsylvania’s insurance setup is designed so that you will have some coverage from your own policy to cover your injuries first, and then you can go after the at-fault driver’s insurance if you have more serious injuries. Depending on whether your policy is a “limited tort” or “full tort” policy, your right to sue the at-fault driver might be limited.
First-Party Benefits
Your own policy will have some coverage for medical bills, usually limited to only $5,000 in coverage. While this can help you get some medical bills paid regardless of whose fault the accident was, there are often damages well above this that you need covered.
Your auto insurance policy might have other first-party benefits to pay for medical care and lost earnings above this limit, including comprehensive coverage for auto repairs. In any case, this all costs you money in the form of a deductible, so even if you get the full benefits of your policy, there is still money you might need to collect from the other driver. Additionally, pain and suffering and other non-economic damages are not covered under these policies, leaving gaps in your coverage.
Limited Tort vs. Full Tort Policies
If you have a “full tort” policy, you are free to file an insurance claim or lawsuit against the at-fault driver to seek the rest of your unpaid damages (and, typically, to reimburse your insurance carrier for what they already paid in your injury case). These lawsuits can pay you for your pain and suffering and other damages your insurance will not cover, getting you maximal compensation.
However, if you have a “limited tort” policy, your ability to sue is limited, as the name suggests. 75 Pa.C.S. § 1705(d) lists the thresholds that you have to meet first before you can sue, and any one of them will qualify. The most common way this happens is with “serious injuries,” which usually include a permanent injury or anything causing “serious impairment” or “permanent serious disfigurement,” according to § 1702. Alternatively, if the driver was driving drunk and entered into ARD for the offense or if they caused the crash intentionally, you can also sue them directly.
Settlement vs. Lawsuits
When you file your initial claim with your own insurance company, the money they pay you typically is not a “settlement” because nothing has been settled between you and the at-fault party – your claim against them is still valid. However, if you accept money from their liability insurance and sign any paperwork, that might settle your case and end it there.
You should never sign papers or accept money from the at-fault driver or their insurance company before speaking with our car accident lawyers. We can often negotiate better settlements above and beyond what the insurance company offers at the beginning, and we can often achieve higher awards by taking your case before a judge and jury.
Whether you accept a settlement or sue a covered driver in court, their insurance typically pays the damages. However, a lawsuit can reach past the insurance and force the driver to pay out of pocket if their policy is too low and they have sufficient funds to cover the rest.
Commercial Insurance
Many drivers are required to carry commercial driver’s insurance, such as truck drivers, delivery drivers, and rideshare drivers. This insurance often pays far higher damages and may cover you as the primary insurance, depending on the policy and the situation. Our lawyers can help reach into this policy and potentially reach past the driver to their employer to seek additional damages or to pay for rather expensive claims that the individual driver cannot cover.
Uninsured Motorist/Underinsured Motorist Coverage
If, at the end of the day, the driver who hit you does not have insurance or has a policy that is too low to cover your damages, your policy might have uninsured/underinsured motorist coverage (UM/UIM). This can pay damages as though the defendant paid the – potentially including pain and suffering damages – from your own policy. It can also cover you in some hit and run cases. If you have multiple cars insured on your policy, UM/UIM policies might also stack.
Suing for Injuries in a Car Crash in Levittown, PA
Our attorneys help car accident victims with all kinds of injuries. If you suffered any injury serious enough to require medical expenses, serious enough to keep you out of work, or serious enough to cause pain, suffering, emotional distress, and effects on your daily life, you certainly have a case that is worth taking to a lawyer.
When we file your claim in court it allows us to seek damages for all expenses related to the accident, as well as any emotional and mental effects. It is vital to sit down with a lawyer and discuss what damages your case can include and how much your case might be worth before you consider accepting any settlements or payments from insurance. Remember that once you settle your case, you cannot go back and get additional damages, so you only have one shot to get the damages you deserve in a lawsuit.
Call Our Car Accident Lawyers in Levittown, PA
If you were hurt in a crash, call The Reiff Law Firm’s car accident attorneys at (215) 709-6940 for a free case evaluation.
