Philadelphia Auto Accidents Lawyers

Who Was At Fault?

There are automobile collisions where the liability is clear. For example, if you are stopped at a red light and the car behind you rear-ends you, the car behind you is clearly liable. However, most collisions are not so clear cut and both drivers will usually blame each other. Police reports are frequently useful in determining who was at fault but these reports are not always accurate and the police officer's determination regarding fault isn't usually allowed to be introduced at trial. Therefore it is important that you perform an independent investigation of the circumstances of a car accident.

The Philadelphia auto accident attorneys at Avallone Law Associates are qualified to perform such investigations and will employ investigators and accident reconstruction experts when appropriate. We handle all types of auto accidents from rear-end accidents, car accidents, truck collisions and more. Contact us for help today from one of our lawyers.

How Do You Receive Money to Pay Your Medical Bills?

In Pennsylvania there are first-party benefits and third-party benefits. Your insurance company pays first-party benefits for medical treatment and lost wages, and your insurance carrier pays them regardless of who was at fault. The defendant's insurance company pays third-party benefits (if the defendant was the driver who caused the collision) and these payments pay for pain and suffering.

Full Tort and Limited Tort

When you purchase automobile insurance you can choose between "full tort" and "limited tort". If you choose limited tort you have a more difficult time recovering for pain and suffering. Unlike those people who elect full tort, if you elect limited tort you must prove not only that you were injured, but that your injury was serious and could result in death, disfigurement, or impairment of a bodily function that is permanent in nature. The standard is not a clear cut one but muscle strains and sprains, for which you can recover if you have full tort, are not covered if you have limited tort.

There are other exceptions which allow a person who has elected limited tort to sue for pain and suffering, as follows: if the other driver was driving under the influence or was operating a vehicle that was registered outside Pennsylvania.

Uninsured Motorist (UM) and Underinsured Motorist (UIM) Coverage

Despite the existence of laws that require all motorists to maintain insurance coverage, there are many motorists who do not. The legislature has provided for this problem by creating Uninsured Motorist and Underinsured Motorist coverage. You should always have both these types of coverage as well as full tort coverage. Uninsured Motorist coverage also applies to situations where the injury was caused by a hit-and-run (or phantom) driver.

What If No One Has Insurance Coverage?

If you are a passenger in a car that is uninsured and the other car is also uninsured you can recover through your own uninsured motorist coverage. If you do not have coverage you can sometimes recover through a fund provided by the Commonwealth. However, the amount you can recover is limited to a maximum of $15,000. We will help you understand your claim in a car accident and help protect your rights.

Injured in a Car Accident? Contact Us Today

Contact us online today to schedule an appointment, or call our office at 215-253-3855, or toll free at 877-223-0579 for your free initial consultation.