Abington Car Accident Lawyers
Car accidents are an unfortunate reality of modern life, affecting millions of people each year. While some accidents result in minor damage and no injuries, others can have severe, life-changing consequences.
Understanding your rights and responsibilities after a car accident is vital for protecting your interests and securing the compensation you deserve. Whether dealing with an insurance claim or contemplating a personal injury lawsuit, a solid grasp of Pennsylvania car accident laws is invaluable.
What Should I Do Immediately After a Car Accident in Abington?
The moments following a car accident can be chaotic and stressful, but it is important to remain calm and take specific actions to protect yourself and others. First, check for injuries and call 911 if anyone is hurt. The police can document the accident scene and create an official report. Exchange information with the other driver(s), including names, contact details, insurance information, and license plate numbers.
Photos of the accident scene, including vehicle damage, road conditions, and visible injuries, can provide valuable evidence. If there are witnesses, collect their contact information as well. Finally, notify your insurance company about the accident as soon as possible to start the claims process.
What Are Pennsylvania’s Car Accident Laws Regarding Fault?
In Pennsylvania, car accident laws are designed to provide a structured framework for addressing the various issues that arise after a collision. From determining fault to filing insurance claims, these laws aim to ensure that injured parties receive appropriate compensation while maintaining fairness.
Pennsylvania follows a “choice” no-fault system for car insurance, meaning drivers can choose between no-fault and traditional insurance policies. Under the no-fault system, your insurance company pays for your medical expenses and lost wages regardless of who caused the accident. However, you are limited in your ability to sue the other driver unless the injuries are severe.
If you opt for traditional coverage, you retain the right to pursue a claim against the at-fault driver for all damages, including pain and suffering. Determining fault involves assessing traffic laws, police reports, and witness statements. Pennsylvania uses a modified comparative negligence rule, which means you can recover damages if you are not more than 50% at fault for the accident. However, your compensation will be reduced by the percentage of your fault.
How Do Insurance Claims Work in Pennsylvania?
After a car accident, you must file a claim with your insurance company. If you have a no-fault policy, your insurer will cover your medical expenses and lost wages up to your policy limits. You may need to file a claim against the at-fault driver’s insurance for property damage.
If you have traditional insurance, you can file a third-party claim against the at-fault driver’s insurer for all your damages, including medical expenses, lost wages, pain and suffering, and property damage. It is important to provide your insurance company with all necessary documentation, such as the police report, medical records, and repair estimates, to support your claim.
Can I Sue for Pain and Suffering in Pennsylvania?
Your ability to sue for pain and suffering depends on your insurance choice. Under a no-fault policy, you can only sue for pain and suffering if you have sustained serious injuries, such as significant disfigurement, permanent disability, or death. If you have traditional insurance, you can sue the at-fault driver for pain and suffering regardless of the severity of your injuries.
What If the At-Fault Driver Is Uninsured or Underinsured?
If the at-fault driver lacks insurance or sufficient coverage to pay for your damages, your uninsured/underinsured motorist (UM/UIM) coverage can help. This coverage is optional in Pennsylvania but highly recommended for all drivers. It provides compensation if the at-fault driver cannot fully cover your losses.
What Should I Do If the Other Driver Lies About the Accident?
If the other driver lies about the circumstances of the accident, it can complicate your case. That is why gathering as much evidence as possible at the scene is important. If the other driver’s false statements persist, an attorney can help you gather further evidence and build a strong case to challenge their claims.
What Is the Statute of Limitations for Filing a Lawsuit in Pennsylvania?
In Pennsylvania, the statute of limitations for filing a personal injury lawsuit after a car accident is two years from the date of the accident. If you fail to file your lawsuit within this timeframe, you may lose your right to seek compensation through the courts. It is important to consult with an attorney as soon as possible because the necessary steps must be taken within the legal deadlines.
How Can an Abington Car Accident Lawyer Help Me?
An experienced Abington car accident attorney at McCann Dillon Jaffe & Lamb, LLC can provide valuable assistance throughout the claims process and any subsequent litigation. They can help gather evidence, negotiate with insurance companies, and represent your interests in court if necessary. Our team can also guide you through the best legal strategies to maximize compensation and navigate Pennsylvania car accident laws.
What Types of Damages Can I Recover in a Car Accident Lawsuit?
In a car accident lawsuit, you may be entitled to various types of damages, including:
- Medical Expenses: Costs for hospitalization, surgeries, medication, physical therapy, and any future medical needs related to the accident.
- Lost Wages: Compensation for the income you lost while recovering from your injuries and any future earning capacity if you cannot return to work.
- Pain and Suffering: Compensation for the physical pain and emotional distress you experienced due to the accident.
- Property Damage: Costs to repair or replace your vehicle and any other damaged property.
- Loss of Consortium: Compensation for the accident’s impact on your relationship with your spouse.
What Should I Do If the Insurance Company Denies My Claim?
If your insurance claim is denied, you can appeal the decision. It is important to review the denial letter carefully to understand the specific reasons for the denial and to provide any additional documentation or evidence that may support your claim.
If the insurance company still refuses to pay after submitting this additional information, we can help you explore further legal options, including possibly filing a lawsuit.
How Long Does It Take to Settle a Car Accident Case in Pennsylvania?
The time it takes to settle a car accident case depends on the complexity of the case, the severity of the injuries, and the willingness of the insurance companies to negotiate. Some cases may settle within a few months, while others may take several years to resolve. An attorney can help expedite the process and help protect your rights.
Contact the Experienced Abington Car Accident Lawyers at McCann Dillon Jaffe & Lamb, LLC for a Free Consultation
If you or a loved one was injured in a car accident, the skilled Abington car accident lawyers at McCann Dillon Jaffe & Lamb, LLC provide free initial consultations and will help you today. To learn more, call 215-569-8488 or submit our online form. Located in Philadelphia and Abington, Pennsylvania, as well as Wilmington, Delaware, we serve clients in the surrounding areas.