1. Stop Immediately – turn off ignition and turn on four-way flashers.   (Pennsylvania law requires if involved in collision)

 

2. Assist the Injured -Render first aid, if qualified and Call an ambulance / 911

 

3. Protect the scene -Call police immediately so an accident report is filed and cooperate fully in their investigation. Warn oncoming motorists with flares, if possible.

 

4. Gather Information and Preserve Evidence – If able, and it will create no danger to you or others at the scene, get names, addresses and phone numbers of witnesses, write down significant details of the accident such as position of vehicles, skid marks, statements, etc.  Also remember to photograph the scene, if it can be done safely.

 

5. See Your Doctor – Have a physician examine you as soon as possible even if you are not bleeding or in severe pain.  Many serious injuries do not always cause immediate pain.

 

6. Contact your Insurance Carrier -Report the accident to your insurance agent/carrier.

 

7. Report the Accident – Pa law requires that you file an accident report within 2 days of an auto accident.  The police will usually do this if they respond to the scene.  Otherwise, contact your insurance company for the proper forms.

 

8. If injured, see a lawyer immediately – Contact an attorney experienced in handling personal injury claims, such as the attorneys at The Moschetta Law Firm, P.C.  You can call us on the phone or come to our office in person.  If necessary, we can meet with you at the hospital or in your home.  Remember, you do not pay any attorney’s fee unless we successfully resolve your case by settlement or verdict.

 

9. Don’t discuss your case with anyone except your doctors and lawyer – Until you have retained a lawyer and know your legal rights, do not give a statement to the other driver’s insurance adjuster.

 

10. Keep a diary – Note pain, doctor’s appointments, lost time from work.

 

What is Full Coverage?

1. “Full Tort” vs. “Limited Tort” – Quite simply, Full Tort means that you have the full right to sue, whereas Limited Tort means that you have a limited right to sue.  If you select the Limited Tort option, you can only recover “economic” damages and not non-economic damages (such as pain & suffering, loss of well being, etc.) unless you fit into certain exceptions.  We recommend you select the Full Tort option even though Limited Tort premiums are slightly cheaper than Full Tort.
2. Purchase Underinsured/Uninsured Motorists (UIM/UM).  Although you are not required to maintain this type of coverage under Pennsylvania law, you should have UIM/UM coverage to protect you and your family.  This type of insurance allows you to recover from your own insurance company if you are hit by someone who has either insufficient liability insurance to cover your damages or no insurance coverage at all.  You should maintain the same level of UIM/UM coverage as you do liability coverage, or at least $100,000.  In Pennsylvania, drivers are only required to maintain $15,000 in liability coverage.
3. Select “Stacking” Option if you have multiple vehicles.  This option allows you to stack coverage so that your UIM/UM coverage is equal to the sum of the coverage for all the vehicles you own.  For example, if you own 2 vehicles and have $100,000 in “stacked” UIM/UM coverage, you actually have $200,000 of coverage available.
4. Income Loss Coverage – You are not required under PA law to maintain Income Loss coverage.  This coverage guarantees that you recover 80% of your actual lost wages up to $50,000 from your insurance company while you are unable to work as a result of a car accident.  Purchase as much wage loss insurance as you can afford but consider your monthly net income as a basis for making your decision.
5. Bodily Injury Liability Insurance – We recommend at least $100,000 to protect you and your family in the event you cause an accident and severely injure or kill someone.

How can I found out what coverage I currently have and change it?

To find out what coverage you have, check your insurance policy declaration page.   You can change your insurance coverage at any time.  Call your auto insurance agent and insist on “full coverage” as explained above.

What should I do if I’m involved in a car wreck?

If possible, gather information from other driver such as address, telephone number and insurance information. Get names and telephone numbers of any witnesses. Seek medical treatment if injured. Report the accident to the police and your insurance company. Keep a journal to document your injuries, how the accident occurred, lost time from work, doctor’s appointments, etc.

Who pays my medical bills?

Initially, your insurance company pays under the First-Party Medical Expenses provision. Pennsylvania law requires that drivers carry at least $5,000 in medical payments coverage, but you should consider increasing this amount to at least $10,000. After you exhaust First Party Benefits, your private health insurance pays, if available.

Why doesn’t the guilty driver’s insurance pay my bills?

Under PA law, drivers are responsible for their own medical bills. This is why your auto insurance company, under the medical expenses provision, is responsible for at least the first $5,000 in medical bills. If your medical bills exceed the medical expenses provision in your policy, your private health insurance is responsible but may be entitled to reimbursement from the at-fault driver later. This is called “subrogation”.

Who is responsible for paying for property damage to my car?

Under PA law, the at-fault driver’s insurance company is responsible to pay the property damage claim. If you are at fault for causing the crash, your auto insurance carrier will pay the other driver’s property damage claim.

Who is liable for my personal injuries?

Under PA law, the at-fault driver’s insurance company is responsible for paying your damages up to the limits of the insurance policy. This can be done by either settlement or verdict. If you are at fault in causing a crash, your auto insurance carrier will pay the other driver’s property damage up to the limits of your liability coverage.

What if the person who caused the accident does not have insurance or doesn’t have enough insurance to cover my damages?

If you have purchased Underinsured/Uninsured Motorists coverage (UIM/UM), you can recover from your own insurance company. Because PA law only requires drivers to maintain $15,000 in liability coverage, we strongly recommend you purchase at least $100,000 in UIM/UM coverage.

Should I take the settlement the insurance company is offering me?

You should not take any settlement without first consulting an experienced Pennsylvania auto accident attorney. Remember, the insurance company’s job is to pay you as little as possible for your claim. Therefore, never sign any checks or documents that say “Release” without consulting an attorney first.

How long will it take to resolve my case?

It depends on how long it takes for you to recover from your injuries, if recovery is medically possible. Some personal injury claims can be resolved in a few months. However, most can take up to several years depending on the nature of your injuries and complexity of the case. You should talk to an experienced Pennsylvania personal injury attorney at The Moschetta Law Firm, P.C. about the facts of your specific case.