After a car accident, the last thing you’re probably thinking about is hiring a car accident lawyer. After all, car accidents happen every day here in Pennsylvania, and not all of them require a lawyer. 

And that’s true. If you’ve had a minor car accident with no injuries, you can usually resolve the matter through your insurance company without any legal involvement. 

But what if you’ve been injured and are facing expensive medical bills? What if you’ve been unfairly blamed for the accident? What if you’re offered a settlement by the insurance company that is far lower than what you feel you deserve? As someone who has little experience with injury law or insurance claims, you shouldn’t try to do this alone. A car accident attorney will help protect your legal rights and ensure you get what you deserve for your damages. 

Do You Know How Accident Claims Work in Pennsylvania?

Pennsylvania law requires that all motor vehicle owners maintain a minimum amount of car insurance. And as a responsible driver, you do. But you probably don’t put much thought into your car insurance – until you have to. And by then, it may be too late. 

Do you understand how your insurance works, what you’re covered for, and what you’re entitled to if you’ve been injured in an accident? Would you know how much your claim would be worth after an accident? Do you know when and for what you can sue another driver for after an accident? And do you trust that your insurance company would settle an accident claim fairly? 

Unfortunately, most people don’t. This is when having a car accident attorney is critical. 

The Nuances of Pennsylvania Car Insurance

In Pennsylvania, we are a no-fault insurance state. That means, regardless of fault, each party in an accident will first file a claim with their own insurance policy. The insurance company will investigate the accident, determine liability, and handle the monetary costs involved. But that is where the simplicity ends. 

What happens if you’ve been seriously injured and it’s the other driver’s fault? Can the at-fault driver be held liable for your costs, and do you have options for recourse? You do, but it will depend on the type of insurance policy you’ve purchased. 

Auto insurance in Pennsylvania offers two options when you purchase your policy – limited tort and full tort. “Tort” simply means your ability to sue the other party if they were at fault for the accident.

Limited tort is cheaper than full tort, but choosing limited tort can cost you and your family if you are in an accident.

If you choose the limited tort option, you can sue the at-fault driver for economic damages such as medical bills and out-of-pocket costs. But you will be restricted in your ability to sue the driver for non-economic damages like your pain and suffering in most circumstances. The limited tort choice also affects any family members who live with you, even if they get hurt when they are a passenger in someone else’s car.

The full tort option allows you to sue the at-fault driver for the full spectrum of damages.

Then, There is Comparative Negligence

As if this isn’t complicated enough, Pennsylvania also has what is called comparative negligence rules. 

Comparative negligence means that your financial recovery will be limited by the amount of fault you’re assigned in the accident. If you are found over 50 percent at fault for the accident, you may not be able to recover any damages at all. 

The assignment of fault can significantly reduce your recovery or may even cause you to lose the claim entirely. And who decides who is at fault? Generally, the investigators who work for the insurance company also decide who is at fault.

But You Trusted That Insurance Would Protect You

We’ve all seen the television ads. Insurance companies like to portray themselves as “good neighbors” who are there to protect us if something unforeseen happens. 

While that is good marketing, the truth is that insurance companies are large, very profitable corporations. And like any profitable company, their focus is on their bottom line, not your hospital bills and inability to work. Adjusters are trained to save the company money, and they do their jobs very well. In most cases, it will take some diligent negotiation to get the insurance company to finally offer a settlement for what you’re truly entitled to. 

That’s where a car accident lawyer comes in. Skilled car accident attorneys understand the law and know the tactics the insurance industry uses to reduce their financial exposure. They know what you are legally entitled to after an accident, and it’s their job to make sure you get the best possible compensation considering this.

What a Car Accident Attorney Does

A car accident lawyer will get to work to understand the nuts and bolts of your case, from what caused the accident, to the full extent and cost of your injuries, to the value of your accident claim and what options you have available to you. Your lawyer will use this information to calculate a fair settlement amount for your damages and work to achieve this recovery. If this isn’t possible through negotiation, your attorney will represent your interests before a court of law. 

How do you benefit from having a lawyer after a car accident? Lawyers for car accidents will

• Take the burden off you – While you are focused on your healing and recovery, your attorney will begin building your case to ensure you get the compensation you deserve. 
• Advise you of your legal rights at each stage of your claim.
• Open and maintain lines of communication with the insurance company. 
• Investigate, organize, and analyze evidence to show how the accident happened and who was at fault.
• Guide you in your decision-making. 
• Organize and analyze medical records to determine the full value of your claim. 
• Negotiate a fair settlement with the insurance company. Your lawyer will know how much your claim is worth and will negotiate the best possible settlement for you. 
• Bring a personal injury claim against the at-fault driver and represent you in court, if necessary.

Car accidents can involve many people, insurance companies, and lawyers. An experienced car accident attorney coordinates and takes care of it all, ensuring that you are legally protected and fairly compensated for your damages. 

Don’t Try to Navigate a Car Accident Claim on Your Own

After an accident, are you prepared to deal with all of this? Trying to navigate a serious car accident claim by yourself is never a good idea. You deserve someone who understands the legal landscape and will work diligently on your behalf. 

At Silver & Silver, our experienced car accident attorneys are here to protect your rights to fair compensation. Call us at (610) 638-7255 or contact us through our website contact form to schedule a free consultation. 

Disclosure: 

This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with the Law Office of Silver and Silver, we are not your legal representatives.