Car & Truck Accident Lawsuits – Experience Matters
Automobile accidents in Pennsylvania are prevalent and result in thousands of people being killed or seriously injured as a result of these tragic accidents. Automobile accidents can be relatively innocuous or result in the most serious types of injuries sustained, including brain damage and spinal injuries. Nenner & Namerow, P.C. has handled the full spectrum of automobile accidents, ranging from two car incidents to mass transit collisions to multi-vehicle commercial vehicle accidents. The majority of automobile accidents result from driver error, but the attorneys at Nenner & Namerow, P.C. are trained to view these incidents with a wide lens to evaluate all possible causes, including reckless behavior, inadequate safety mechanisms and defective products or design. The lawsuits handled by Nenner & Namerow, P.C. have resulted in millions of dollars recovered for our clients to make them whole after sustaining traumatic injuries from automobile accidents. Pennsylvania’s car accident and insurance laws are complicated, and most drivers do not know and/or understand what types of coverage their car insurance policies provides.
Pennsylvania Car Accident Insurance Law
Medical Coverage or Personal Injury Protection (PIP)
When drivers are injured in a Pennsylvania car accident, their own insurance companies pay for their medical expenses regardless of fault. In other words, if a Philadelphia driver is injured in a read-end accident caused by another driver, the injured driver’s insurance company covers the medical bills and not the at-fault driver’s insurance company. If the at-fault driver is also injured in the rear-end accident, his own insurance company also pays for his medical expenses. The amount of medical expenses covered depends on the amount of coverage purchased.
In Pennsylvania, the law requires drivers to carry a minimum of $5,000 personal injury protection (PIP).
What Happens After PIP Coverage is Exhausted?
Since medical expenses are covered by injured drivers’ own PIP coverage up to the limit purchased, what happens if the medical expenses go beyond the limit? In such cases, the drivers’ health insurance is the next source of coverage. Drivers who have co-pays for their medical expenses may recover these in a subsequent lawsuit. In some cases, the health insurance company can assert a lien in the lawsuit, i.e., a demand to be reimbursed for what it paid out on behalf of its insured, the injured plaintiff.
Limited Tort vs. Full Tort
Often, Pennsylvania drivers are surprised to discover that they may not sue for their injuries after a car or truck accident if they have a certain type of coverage called limited tort.
Under Pennsylvania law, insured drivers who elect limited tort on their auto insurance policies may not sue for pain and suffering damages (non-economic damages) unless their injuries fall within the definition of “serious injury” or constitutes a “serious impairment of a bodily function.” However, they may sue for economic damages, such as out of pocket medical expenses and lost wages.
Full tort drivers may sue for non-economic damages regardless of the severity of their injuries.
In some cases, an injured driver with limited tort on their insurance policy can still sue for noneconomic/pain and suffering damages. There are certain exceptions under PA car accident law which basically erase the limited tort election and allow the injured party to sue for pain and suffering regardless of the severity of the injuries. One of those exceptions applies when the at-fault driver’s vehicle is registered in another state.
Philadelphia, PA Car & Truck Accident Lawyers
Pennsylvania car accident lawsuits can be complex. Further, cases that involve commercial trucks add additional layers to the litigation. The attorneys at Nenner & Namerow, P.C. have the experience and knowledge to fully explore and access all facets of Philadelphia car accidents and commercial trucking cases.
Federal and state statutes dictate that owners and operators of commercial vehicles adhere to specific regulations. Ultimately, these regulations, such as driver logs, maximum hour requirements and regular testing, can be utilized to establish and/or bolster arguments against the owners and operators of large commercial vehicles whose actions or omissions result in serious injuries to innocent drivers and/or pedestrians. Failure to adhere to the applicable guidelines can often lead to the drivers of commercial vehicles acting with reduced reaction time, which can cause catastrophic accidents and injuries.
Help from Philadelphia Car Accident Lawyers
The litigators at Nenner & Namerow, P.C. will assess all facets of your case and provide a path toward a successful resolution that not only provides recoverable damages, but the solace of knowing your rights have been fully protected.
Call us today to schedule a free and confidential consultation to discuss your case: (215) 985-0777.
Page Updated December 16, 2016