Car Accident FAQ

A: Limited Tort is one of two alternatives you must choose from when buying Pennsylvania car insurance. The other option is Full Tort.

If you choose Limited Tort, you will save a few dollars on your car insurance premium, but you will give up rights and so will your family members. Specifically, you and your family members will not be permitted to recover pain and suffering for most injuries. If you’ve never been injured in a car accident, you may not realize how significant the pain and suffering can be. Car crash injuries can be disabling and can last for weeks, months, or years.

If you choose Full Tort, you and your family will retain all of your rights under Pennsylvania law.

There are exceptions to the restrictions that you and your family will face if you select limited tort, but they are narrow and strictly construed by the courts. Moreover, insurance companies won’t hesitate to mislead you when you’ve chosen limited tort. They will tell you that your case doesn’t qualify under the exceptions, even if it does. See, for example, our stories on limited tort, including:

• The policeman who was injured in a car accident and who suffered chronic shoulder injuries but wasn’t permitted to recover because he’d chosen limited tort.
• A real-life Q & A about the limited tort threshold.
• An insurance company that intentionally misled their own insured about her limited tort status.

The Bottom Line
The bottom line is that limited tort is a gamble in which the odds are stacked against you. Why take a chance that you’ll have permanent or chronic pain that limits your ability to move, or the chance that you’ll be denied the opportunity to recover any compensation? If you are contemplating a new auto insurance policy, or if you have an existing policy on which you’ve selected the limited tort option, make sure that you notify your agent that you want Full Tort rights.

A: Not everyone who has been in an auto accident needs a Pennsylvania car accident lawyer. If you’re not injured, or if your injuries are very minor, then there may be no need to hire a lawyer. However, we’ve seen circumstances where people appear to have suffered only modest injuries at the scene but are later found to have suffered permanent or long-lasting injuries, including ruptured or bulging vertebral discs and other complications.

A: Pennsylvania requires all drivers to clear their vehicles of snow and ice or face hefty fines (up to $1,000) if that snow and ice falls off their car and causes injury to a pedestrian or other motorist.

Pennsylvania also requires that drivers light their headlamps whenever they have their windshield wipers on (even if they are only on intermittently) or if visibility is at all diminished by conditions including dusk, snow, rain, or fog.

A: Generally speaking, it is a bad idea for an Erie injury lawyer to have a stable of doctors to whom the lawyer refers clients, and the practice can be unethical if the Erie lawyer has a business relationship with the doctor that the Erie attorney does not disclose to the client.

The biggest problem with a pattern of referring clients to a doctor is that it can hurt your case. Juries in Erie and northwestern Pennsylvania are skeptical of personal injury claims to begin with. If they learn that the doctor testifying about the car accident injuries is someone to whom the lawyer referred the client, and if they learn further that the lawyer sends lots of clients to that doctor, the jury may conclude that the relationship between the Pennsylvania personal injury lawyer and doctor is such that the doctor may be biased.

Not only that, but Pennsylvania insurance companies and defense lawyers are going to figure it out. They learn pretty quickly when a particular Erie accident lawyer has a lot of cases with one particular doctor, chiropractor, or physical therapist. Once the insurance company or defense lawyer discerns a pattern that suggests a referral relationship, cases involving that injury lawyer and that doctor can be more difficult to settle, may settle at a lower value, and may be more vigorously defended.

The practice of referring a client to a doctor can be unethical if there is a kickback to the lawyer (especially if the lawyer doesn’t disclose it to the client) or if the lawyer tries to get the client or the doctor to lie about the relationship.

Are there exceptions to this rule? Of course there are. As personal injury lawyers, we get to see a great many injuries and a great many doctors. Over time, it becomes apparent that for unusual circumstances, some doctors are better suited than others. It’s perfectly legitimate for a lawyer to suggest a doctor to you. However, if every client is being referred to the same chiropractor or doctor, then you should beware. And if your lawyer has a stack of cards or referral forms, or if your lawyer volunteers right out of the blocks that he has a doctor for you, you should be particularly concerned. At a minimum, you need to ask the lawyer to explain the relationship he has with the doctor, i.e., how many clients does he refer to the doctor, does he get a kickback, does the doctor refer cases back to the lawyer, etc.?

A: The vast majority of Pennsylvania injury cases settle before trial. The percentages vary from year to year, but it is fair to say that at least 95% of Pennsylvania injury cases settle.

Nevertheless, there’s an old saying among lawyers that goes something like this: “Lawyers who hope to settle often end up facing trial, while lawyers who prepare for trial often see their cases settle.” The point is that trial is the endgame that drives the settlement process with the insurance company. The better your lawyer prepares for trial, the more likely it is that your case will settle at a fair price.

Whether your Pennsylvania injury case is one that should settle or go to trial is a question that a responsible lawyer cannot answer when you first meet. A lawyer simply lacks enough information to make a reliable prediction so early in the process. (Although there are some risk factors that may be identifiable early on that indicate a higher-than-average likelihood of settlement or trial.) However, generally speaking, the odds of settlement are good. The question will be whether it is a fair settlement or just a settlement that avoids trial.

A: In order to win your Pennsylvania car accident case, you must prove both that someone else was negligent (that is, careless) and that their negligence (or carelessness) caused your bodily injury. It is important to understand that just because you were hurt in a car accident doesn’t mean that you are entitled to money damages. While some insurance coverages must be paid to you regardless of who was at fault in the accident, a recovery for bodily injury requires that you prove that someone else was negligent or careless.

A: In order to win your Pennsylvania auto accident case, you must prove that the other driver was negligent and that the other driver’s negligence caused your injuries. What is negligence? The legal definition of negligence is the doing of something that a reasonably prudent person wouldn’t do, or the failure to do something that a reasonable person would do. Negligence is similar to carelessness.

Some common examples of negligence, or carelessness, include when the other driver fails to pay attention, runs a stop sign or red light, drives too fast for conditions, drives the wrong way or in the wrong lane, or is under the influence of alcohol (DUI). Of course, cell phone use and texting while driving (both of which have become more common, especially with young drivers) often lead to the sort of distracted driving that causes accidents.

A: So, you were in a Pennsylvania car accident. Maybe the other driver asked you not to report it. Maybe the other driver promised to pay for the damage. Maybe you’re thinking to yourself, “Should I report this accident to my insurance company?”

If you were hurt in a car accident, you should promptly notify your insurance company. Every car insurance policy requires some reasonably prompt notice of an accident, and, if you fail to provide this notice and the delay harms your insurance company’s ability to investigate the case, you may lose your rights under your policy.

Besides, a promise to make things right at the accident scene is easily made. Once the bill shows up, it is often less easily kept. Our experience is that people often fail, or refuse, to keep those promises, and then the innocent driver ends up with more hassle than they deserve. So, hurt or not, at-fault or not, if you’ve been in a car accident, report it to your insurance company.

A: If you’ve been injured in a Pennsylvania car accident, you should not talk to the other driver’s insurance company. The other guy’s insurance company is not obliged to help you. They are not obliged to be fair to you. Their goal is to limit the amount of money that they must pay and they’ll do that by shifting as much of the blame to you as they can and by minimizing your injuries and losses as much as they can. Unless you’re planning to represent yourself, there’s no reason to talk to the other guy’s insurance company and plenty of reasons why you shouldn’t.

A: Every Pennsylvania car insurance policy requires some reasonably prompt notice of an accident. If you’ve been involved in a Pennsylvania car accident, you must report the accident to your insurance company or you may lose your rights under your policy.

When you talk to your insurance company, be clear and factual in your communications. It won’t help you to blame the other driver and it can hurt you to accept fault. Just tell the agent or adjuster exactly what happened in language that is clear, accurate, and complete.

If you’re asked to describe your car accident injuries, be as accurate and complete as you can. Don’t use medical jargon with which you’re unfamiliar and don’t rely on your diagnosis from the E.R. Just tell them what hurts (everything that hurts) in your own words.

A: If you are not able to return to work because of injuries suffered in a Pennsylvania car or truck accident, then you may be entitled to reimbursement, regardless of fault, from an insurance company if the applicable policy offers “Income Loss Benefits.” Income Loss Benefits are not required by law in every Pennsylvania car insurance policy (although insurance companies are required to at least offer this coverage as an option). If Income Loss Benefits are included in the insurance policy that covers you, then you will be entitled to recover 80% of your actual gross income loss up to the limit of the coverage. If you are self-employed, then you can recover the cost of hiring substitute or special help.

If you don’t have Income Loss Benefits, or if your wage loss is greater than your coverage, then you’ll be entitled, under the law, to recover those lost wages from the person who caused the accident. But that money will come, if ever, only after a settlement or verdict and only if you can prove, through competent medical testimony, that you were disabled due to an injury that was “proximately caused” by the accident.

A: If you’ve been injured in a Pennsylvania car accident and you chose the Full Tort option (or fall under one of the exceptions to the Limited Tort option) when you bought your car insurance, you are entitled to be compensated for all harm caused by the negligent, or careless, driver who caused the accident.

In almost every case, your compensation will be paid, not by the inattentive driver, but rather by his auto insurance company or by your own insurance company. The purpose of the law is to fix what can be fixed (like repaying lost income or medical bills); to help what can be helped (like paying for treatment that lessens but does not cure the problem); and to make up for what cannot be fixed or returned to you (like pain, discomfort, and the loss of things that one typically enjoys as a healthy person).

A: There are two primary ways to pay your Pennsylvania lawyer (although one method is used more often than the other). The first method pays your lawyer solely upon the amount of time that he devotes to your case. The time is billed at an hourly rate. Often, there will be an advance fee or retainer paid before the case begins, and invoices will be issued to you periodically as the case proceeds. The downside of this approach is that you must pay in advance and as the case is being prepared (that is, before any recovery or settlement is made). Many people do not have adequate savings to pay a lawyer in this manner. Also, people who are harmed by a careless car or truck driver often experience an interruption or reduction in their earnings because they miss work, remain in the hospital or in a rehabilitation program, or work less due to their physical problems. Thus, the second method, the contingent fee agreement, is the far more common way to pay lawyers who pursue justice for people harmed by inattentive drivers.

A contingent fee agreement requires the lawyer to work on your Pennsylvania accident case without payment either in advance or during the preparation of your case. The fee is based on the results obtained, and fees are not paid as the lawyer prepares the case. Instead, the lawyer’s fee (if any) is paid only at the end of your case and is set as a percentage of your recovery. If there is no recovery, then you don’t pay the lawyer any fee at all.

A fee agreement must be in writing and should be signed before your lawyer begins work on your case. You should be sure to read and understand the agreement before signing. In addition to the fee, you also will be required to reimburse the lawyer for so called “out-of-pocket” expenses incurred to hire investigators, expert witnesses, and stenographers, or to file papers with the Court. These expenses often must be reimbursed, even if you lose your case and don’t pay the lawyer any fee.

A: Although some lawyers talk about a “standard” contingent fee agreement, there really is no such thing. The percentage charged by lawyers typically ranges from 33 1/3% to 40% of the gross recovery or settlement. All – or virtually all – lawyers who handle Pennsylvania personal injury cases offer contingent fee agreements. Some lawyers will offer a fee schedule that charges a lower percentage if your case requires less work or if they expect a large recovery for you. In certain cases, Purchase, George & Murphey, P.C. offers what we call “Client Friendly” fee agreements.

A: In Pennsylvania, all car owners must buy car insurance. All car insurance companies must  provide medical benefits coverage of at least $5,000 as part of every car insurance policy. (You can buy more coverage, and insurance companies are required to write policies with medical coverage up to $100,000.) This coverage does not depend on fault, or on who caused the accident. The medical benefits coverage on your car insurance policy pays the medical bills that you incur as a result of a car or truck accident  – up to the limit of coverage that you purchased.

If your medical bills are greater than the total coverage you purchased with your auto insurance policy, then your bills will be paid by your health insurance company.

If you don’t have health insurance, then the person who caused the accident is responsible for paying your medical bills. But you won’t see that money, if ever, until your case is resolved by settlement or verdict — and then only if the careless driver has enough insurance or other assets to pay.

A: If you’ve been injured in a Pennsylvania car accident and your medical bills exceed the limit of the medical benefits coverage under your car insurance policy, then your health insurance company should pay whatever bills are not covered.

If you don’t have health insurance, then you’ll be responsible for paying your bills as you go. You’ll be entitled, under the law, to recover those expenses from the person who caused the accident. But that money will come, if ever, only after a settlement or verdict and only if you can prove, through competent medical testimony, that those bills were reasonable and necessary for the treatment of an injury that was “proximately caused” by the accident.

A: If you were a pedestrian or bicyclist in a Pennsylvania car accident and you don’t have any other auto insurance benefits, you are entitled to have your medical bills paid by the insurance company for the car or truck that hit you.

If your medical bills exceed the limits of the coverage on the policy of the car that hit you, then your health insurance will pay your medical bills.

If you don’t have health insurance, then you’ll be responsible for paying your bills as you go. You’ll be entitled, under the law, to recover those expenses from the person who caused the accident. But that money will come, if ever, only after a settlement or verdict and only if you can prove, through competent medical testimony, that those bills were reasonable and necessary for the treatment of an injury that was “proximately caused” by the accident.