PA Car Accident Law

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  • PA Car AccidentL A W . C O M

    Free No Obligation Case Review.Toll Free (866) 930-8484

    A guide FOR AuTO ACCideNT ViCTimsYou are an auto accident victim. You and your family may suffer property damage, terrible injuries, or even death. You may experience terrible pain and suffering. many accident victims are unable to work for months or some-times, forever. Life will be different.

    You need help.For more than 20 years, Pennsylvania Attorney Jon Ostroff has helped auto accident victims and their families. Your hard ques-tions are answered with compassion and understanding. Theres no double talk and no complex terminology. We believe this approach is best for you, and very different from what you find on other legal websites.

    Prepared by Lawyers at Ostroff Injury Law. Contact Jon today for your free legal, no-obligation consultationCall: (800) 818-8148 or Read more information online at: www.PA-CAR-ACCIDENT-LAw.COM

  • PA Car AccidentL A W . C O M

    A Guide for Auto Accident VictimsPrepared by Lawyers at ostroff injury Law. 2009 All rights reserved.read more information online at www.PA-cAr-Accident-LAw.com 2

    Free No Obligation Case Review.Toll Free (866) 930-8484

    Table OF CONTeNTs:

    For more than 20 years, Pennsylvania attorney Jon Ostroff has helped auto accident vic-tims and their families. Your hard questions are answered with compassion and under-standing. Theres no double talk and no complex terminology. We believe this approach is best for you, and very different from what you find on other legal websites.

    NO FaulT iNsuRaNCe, FiRsT PaRTY beNeFiTs, exCePTiONs TO limiTed TORT . . . . . . . . . . . . . . . . 3

    limiTed TORT, PeNNsYlvaNia mOTOR vehiCle FiNaNCial ResPONsibiliTY laW . . . . . . . . . . . . 4

    PaYiNg YOuR mediCal bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

    NOT iNsuRed, hiRiNg a PeRsONal iNJuRY laWYeR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

    uNiNsuRed mOTORisT & uNdeRiNsuRed mOTORisT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

    POliCe RePORT misTakes, WiTNesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

    dRuNk dRiveRs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

    uNdeRage dRiNkiNg, dui (dRiviNg uNdeR The iNFlueNCe) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

    CaR aCCideNT PROPeRTY damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

    CaR value & iNsuRaNCe COmPaNies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

    iNJuRed biCYClisTs aNd PedesTRiaNs, biCYCle maNuFaCTuRiNg deFeCT . . . . . . . . . . . . . . . . 13

    PedesTRiaN aCCideNTs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

    hiRiNg aN aTTORNeY TO FOR aN auTO aCCideNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

    sTaTuTe OF limiTaTiONs, aFFORdiNg a PeRsONal iNJuRY laWYeR . . . . . . . . . . . . . . . . . . . . . . . . 16

    auTO aCCideNT viCTims glOssaRY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-18

    abOuT Pa CaR aCCideNT laW . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

  • A GuIDE fOR AuTO ACCIDENT VICTIMsPrepared by Lawyers at Ostroff Injury Law. 2009 All Rights Reserved.Read more information online at www.PA-CAR-ACCIDENT-LAw.COM

    PA Car AccidentL A W . C O M

    Free No Obligation Case Review.Toll Free (866) 930-8484

    NO FAuLT iNsuRANCe Why is my insurance company responsible for my medical bills when the other driver was at fault?

    Pennsylvania is a no fault insurance state. Regardless of whose fault the ac-cident was (yours or the other drivers) -- your insurance company will pay for certain benefits.

    Can I still file a claim if I have limited tort car insurance?

    because you have somewhat discounted insurance, your right to sue for cer-tain damages is limited if you selected limited tort insurance. Of course, there are always exceptions. if your claim does not fall under one of the exceptions set forth below; you will be prevented from filing a lawsuit for your pain and suffering. However, limited tort insurance does not prevent you from filing a lawsuit to recover certain expenses, such as wage loss that you incurred as a result of injuries sustained in the accident caused by the fault of another driver. You may also be entitled to recover other out of pocket expenses related to your automobile accident.

    below is a list of automatic exceptions where you can recover money for your pain and suffering, even if you have a limited tort insurance policy.

    Exceptions to Limited Tort The driver who was at fault is registered out of state.The driver who is at fault is convicted of dui. You were a passenger in a commercial vehicle such as a taxi, bus, or tractor trailer.You were on a motorcycleYou were a pedestrianYour injuries are considered a serious impairment to a significant bodily function.

    WhAT ARe FiRsT PARTY beNeFiTs? First Party Benefits are the insur-ance benefits you purchase to protect you, your household members, and passengers in your vehicle. These benefits include coverage for reason-able and necessary medical treatment resulting from a car accident and in-come loss if you are unable to work as a result of injuries suffered in a car accident.

    Contact Ostroff Injury Law to learn about the complexi-ties of auto accident insurance and your rights.

  • PA Car AccidentL A W . C O M

    A GuIDE fOR AuTO ACCIDENT VICTIMsPrepared by Lawyers at Ostroff Injury Law. 2009 All Rights Reserved.Read more information online at www.PA-CAR-ACCIDENT-LAw.COM 4

    Free No Obligation Case Review.Toll Free (866) 930-8484

    What kind of injuries qualify for compensation even with limited tort? injuries incurred during your auto accident must be con-sidered a serious impairment of a significant bodily func-tion. unfortunately, juries in counties across Pennsylvania are not consistent in the way they decide whether an injury is serious enough to overcome this limited tort require-ment. generally, if your injury required you to have sur-gery, it will be serious enough to overcome limited tort in most of the counties in Pennsylvania.

    it is harder to require whether injuries that do not require surgery will overcome limited tort. This is a complex question, one you should discuss with an experienced auto accident lawyer, as it is often based on each victims situ-ation. The impact on your specific job, the length of time your injury lasts, and the degree of pain from your injury are just some of the many factors that need to be discussed and considered with the help of a knowledgeable attorney like Jon Ostroff and the attorneys at Ostroff injury Law.

    What is the Pennsylvania motor Vehicle Financial Responsibility Law? The MVFRL defines your rights when injured in a car accident. What rights do you have?

    every insurance policy covering motor vehicles must provide medical coverage of at least $5,000. The follow-ing benefits must be available for purchase but coverage is not mandatory:

    Reasonable medical and rehabilitation up to $100,000

    extraordinary medical and rehabilitation with coverage limits from $100,000 to $1,000,000

    Income loss benefits to include 80 percent of actual loss of your gross income

    Death benefit up to at least $25,000 paid to the insureds personal representative

    Funeral benefits of $2,500

    Whats the difference between limited tort and full tort insurance?

    Full tort coverage gives you the unlimited right to sue for automobile-related non-economic damages such as pain and suffering caused by the carelessness of another driver. Limited tort coverage allows you to sue for these damages only if you suffer a serious injury.

  • PA Car AccidentL A W . C O M

    A GuIDE fOR AuTO ACCIDENT VICTIMsPrepared by Lawyers at Ostroff Injury Law. 2009 All Rights Reserved.Read more information online at www.PA-CAR-ACCIDENT-LAw.COM

    Free No Obligation Case Review.Toll Free (866) 930-8484

    WhO PAYs YOuR mediCAL biLLs?

    Can I recover money if I was injured as a passenger in a car with a driver that was at fault?

    What if im related to the at fault driver of my vehicle? if you were injured as a passenger and the driver of your car was at fault, you can recover money against their insurance company. insurance is intended to protect you, or any family member, from being injured by any driver, even if that driver is a member of your family. in reality, your case is much more between you and your insurer then it is between you and your family member, or whoever it was that was driving the car you occupied.

    since you are in charge of whether to accept a settlement offer or not, you are also in charge of whether to accept a settlement if it means not going to court, or even filing a lawsuit, against your at fault friend or family member. At Ostroff Injury Law, most of our cases are settled without ever having to file a lawsuit.

    if you own an insured motor vehicle, your insurance company will pay your medical bills. Your insurance company should not increase your premiums if the ac-cident was not your fault.

    if you do not own a motor vehicle, but you live with a relati