In the aftermath of a car accident, you are left with vehicle damage, medical bills, and potentially an inability to work. Getting compensation is vital to helping yourself and your family move forward.
Our lawyers can represent you in discussions with insurance companies and the defendants in your case. We can calculate damages and let you know what your case is truly worth so that you can avoid low-dollar offers. If they refuse to pay, we can take the case to trial.
Reach out to The Reiff Law Firm at (215) 709-6940 to get started on your case with a free review from our car accident attorneys.
What Should You Do After a Car Accident?
In the immediate aftermath of a crash, take these steps to protect your claim:
Report the Crash
Pennsylvania law requires drivers to report any crash involving injury or death. Call 911 and report the crash immediately before leaving the scene.
Get Medical Attention
You should also be evaluated immediately. When you call 911, request an ambulance. Then, follow their advice.
If that means you need to go to the hospital, do so right away.
Collect Evidence
If you can remain at the scene, gather as much evidence you can about what happened and who was involved:
- Get other drivers’ names, contact info, and insurance details.
- Get the names and contact info of any witnesses.
- See if anyone had a dash cam.
- Check for any nearby security cameras that might have recorded the accident – our car accident lawyers can contact the owners and request the video.
- Note any weather, roadway, or lighting issues.
- Note any traffic signs or signals.
- Take photos of vehicle damage and injuries.
Call a Lawyer
Call our attorneys as soon as you can after the accident. We can get started on your case and collect outstanding evidence.
You should also talk to us before filing any insurance claims. We can deal with the insurance companies for you.
File Insurance Claims
Pennsylvania uses a choice no-fault insurance system, meaning you can often file with your own insurance to get some damages covered first. Then, we can typically go after the defendant’s insurance and demand the additional damages you need covered.
Negotiate Damages
Insurance companies often make low-dollar settlement offers that are not going to cover your damages in full. It is important to reject these offers and have our lawyers negotiate better payments.
File a Lawsuit
When the insurance company refuses to cover your damages in full, we can take them to court to seek damages through a jury verdict instead.
Damages Available for Injury Victims
In a car accident case, you are entitled to recover compensation for all expenses brought on by the crash as well as intangible “non-economic damages.”
In Pennsylvania, your insurance should cover at least $5,000 of medical coverage, but you may be able to claim the rest through a combination of your policy and the defendant’s policy, depending on what insurance you have.
- Medical expenses to cover the costs of emergency treatment and follow-up care, physical therapy, etc.
- Lost wages to cover work you miss during your recovery, as well as ongoing lost earning capacity
- Vehicle repairs or the remaining value of your vehicle if it is totaled
- Reduced value of your vehicle
- Incidental costs (hospital parking, childcare costs, home services, etc.)
- Pain and suffering
- Emotional distress.
What Evidence Do You Need?
Car accident cases are often based on a broad range of evidence, but the following pieces are some of the most important.
- Your testimony
- Other eyewitness testimony
- Testimony from expert witnesses (e.g., accident reconstruction experts, doctors)
- Medical records
- Doctors’ reports regarding disabilities and work limits
- Pay stubs and financial records
- Vehicle damage appraisals
- Repair bills
- Other bills
- Security camera and dash camera footage
- Pictures of the accident and vehicle damage.
What Insurance Do You Use?
In Pennsylvania, we use a complex system that often taps into both drivers’ insurance.
Your Insurance
Your insurance should have at least $5,000 of medical benefits. You can also choose between a “full tort” or “limited tort” policy:
- Full tort retains your ability to sue the defendant for all crashes.
- Limited tort is cheaper but blocks your ability to sue without “serious injuries” or other requirements, and it usually covers more first-party benefits.
You may also have additional first-party benefits to tap into, such as collision coverage to cover vehicle repairs with a $500 deductible payment.
The Other Driver’s Insurance
If you have a full tort policy or meet the requirements to sue, you can then go after the defendant’s insurance. This will cover up to their policy limits.
A claim against the defendant can also get you pain and suffering damages, something your insurance will not cover.
UM/UIM
If the other driver’s insurance is too low or they do not have insurance, UM/UIM coverage on your policy may help you. This is “uninsured motorist” and “underinsured motorist” coverage, and it pays as though the money were coming from the defendant.
FAQs for Injured Car Accident Victims in Hazleton
How Long Do You Have to Sue?
Pennsylvania law gives you 2 years to file a lawsuit under the statute of limitations. However, you should always work with a lawyer as soon as you can after your accident.
When Should You Call a Lawyer?
Call a lawyer right away. Your lawyer can help you with insurance claims and evidence collection and prepare you for any filing deadlines. They can also advise you on what your case is worth, track expenses, and advise you about medical care and return-to-work issues.
How Do You Pay for a Car Accident Lawyer?
Our attorneys are typically paid on a “contingency fee” basis. This means we ask for nothing up front, and we only get paid from your winnings if and when we win your case.
These costs are transparent and agreed-upon ahead of time so you are not surprised by costs or overburdened by needing a lawyer.
Does Your Case Have to Go to Court?
Maybe. Our lawyers are experienced litigators, and we are not afraid to take powerful insurance companies, trucking companies, and other businesses and drivers to court when we need to.
Lawsuits and trials are typically needed when insurance companies refuse to settle, which can happen when your case is complex, when the damages are high, or when the insurance company is being stingy.
Call Our Car Accident Lawyers in Hazleton
Contact The Reiff Law Firm by dialing (215) 709-6940 for a free case review with our car accident lawyers today.
