Obviously everyone knows what a motor vehicle accident is. Some people do try to handle their own cases. I feel, however, that this is a serious mistake. One may not begin to know the amount or types of benefits they are entitled by law to receive, without seeing an attorney. We have handled a number of motor vehicle accidents, and we have had considerable success in regard to this field.
Common questions in regards to Motor Vehicle Accidents:
Q: What is full tort, what is limited tort?
I have heard repeatedly from clients that they called an attorney over the telephone, told an attorney they had limit tort and their claim was rejected. Limited tort cases are more difficult, but they can be pursued. There are exceptions to limited tort such as the negligent party was DUI, or owned a motor vehicle registered in another state. Moreover, limited tort does not preclude an injured person from pursuing economic loss. Recently I settled a claim for $35,000 for an individual with limited tort.
Q: If I have limited tort, could I sue?
A: Yes. Upfront, I must inform you, it will be much more difficult and problematic. But depending on the severity of your injuries, you may in fact still be able to pursue a claim.
Q: What is the statute of limitations for a motor vehicle accident?
A: A writ must be filed to the claim, and service must be made within two years of the date of the motor vehicle accident. Even if one has a legitimate motor vehicle accident claim, if the claim is not properly filed with the prothonotary after two years, the claim can no longer be pursued – even if it is a valid claim.
Q: What is underinsured and uninsured motorist coverage?
A: Frequently one’s automobile’s policies provide for coverage in addition to an individual tortfeasor’s accident claim. For example, if an individual has $15,000 of insurance and you carry underinsured motorist coverage, you may be able to obtain additional money. If the person who caused your accident left the scene, or their identity is not known, or they simply do not have insurance – you still may be able to obtain monies if you have uninsured motorist coverage.
Q: Will my insurance rates go up if I am in a motor vehicle accident, which is not my fault, and I have received medical treatment?
A: No. Your rates should not go up. An insurance company should not penalize you if an accident is not your fault and you are receiving medical treatment. However, from my experience, if there is damage to your motor vehicle and you go through your insurance company, this could raise your premiums. This particular area likely requires you to talk to your own insurance agent to obtain further information.
If you feel you have such a claim, please make an appointment, there is no fee for an initial consultation for anybody who comes to see us regarding a Workers’ Compensation, Personal Injury, Social Security, or Motor Vehicle Accident Claim.
