I am Philadelphia car accident lawyer Jeffrey Harlan Penneys, Esq. Since 1995, I have devoted my personal injury law practice to representing people filing a car accident lawsuit in Pennsylvania, filing Pennsylvania auto accident claims, and negotiating Pennsylvania car accident settlements against large insurance companies and auto manufacturers.
I am a seasoned Philadelphia personal injury attorney and trial lawyer who knows that insurance companies only pay attention to your auto accident injuries when you are prepared to make your car accident claim heard in court. I’m an unyielding negotiator on your behalf, and am not afraid of a automobile injury court battle.
If You Are Injured in a Car Accident in Pennsylvania, I’m Available 24 Hours a Day, Seven days a Week!
The majority of personal injury cases (approx. 95%) are settled before they make it to a courtroom. However, good Pennsylvania auto accident lawyers will prepare the car accident claim from the outset as if going to court will be necessary. Jeffrey Penneys takes each car accident injury case very seriously and prepares accordingly. And although a car accident lawsuit may become necessary, it does not mean that we will see the inside of a courtroom — again, we can settle car accident claims in Pennsylvania before getting to that stage in the majority of car accident cases.
There are many different types of auto accidents, such as a hit and run in Philadelphia, Pennsylvania or a dart out case in Montgomery County, or drunk driver causing injury in Bucks County, or SUV wrecks in Delaware County, or simple head on collision cases in Chester County. As a Pennsylvania car accident lawyer, Jeffrey Penneys handles cases from across Pennsylvania.
Oftentimes, violation of the Pennsylvania motor vehicle code provides clear legal liability or fault for violations involving truck accidents, car accidents and auto injuries. The purpose of this section is to give auto accident victims in Pennsylvania an overview of PA motor vehicle law and how it relates to a personal injury lawsuit and victims. Some of the common code violations that give rise to liability in a car accident lawsuit in Pennsylvania:
| Drinking & Driving Violations | Driving After Imbibing Alcohol or Utilizing Drugs
(Pennsylvania Vehicle Code Ch. 38) |
| Driving Without a License in PA or
Driving |
Licensing of Drivers: Violations
(Pennsylvania Vehicle Code Ch. 15, Subchapter C) |
| Driving Without Insurance in PA or
Driving |
Financial Responsibility: Proof of Financial Responsibility
(Pennsylvania Vehicle Code Ch. 17, Subchapter H) |
| Driving Without Registration in PA
Driving With Expired Registration in PA |
Registration of Vehicles: Violations and Suspensions
(Pennsylvania Vehicle Code Ch. 13, Subchapter C) |
| Illegal U-Turn in Pennsylvania | Rules of the Road: Turning, Starting, and Signals
(Pennsylvania Vehicle Code Ch. 33, Subchapter C) |
| Leaving the Scene of an Accident or
Hit & Run in Pennsylvania |
Miscellaneous Provisions: Accidents and Accident Reports
(Pennsylvania Vehicle Code Ch. 37, Subchapter C) |
| Mechanical Violations in PA | Equipment Standards (PA Vehicle Code Ch. 41)
Lighting Equipment (PA Vehicle Code Ch. 43) Other Required Equipment (PA Vehicle Code Ch. 45) |
| Reckless Driving in Pennsylvania | Miscellaneous Provisions: Reckless Driving
(Pennsylvania Vehicle Code Section 3736) |
| Running a Red Light in PA or
Running a |
Operation of Vehicles: Traffic Control Devices
(Pennsylvania Vehicle Code Ch. 31, Subchapter B) |
| Seat Belt Violations in PA or
Child Restraint Violations in PA |
Other Required Equipment: Child Passenger Protection
(Pennsylvania Vehicle Code Ch. 45, Subchapter E) |
| Speeding in Pennsylvania | Rules of the Road: Speed Restrictions
(Pennsylvania Vehicle Code Ch. 33, Subchapter F) |
| Unlawful Vehicle Modifications | Equipment Standards (PA Vehicle Code Ch. 41)
Lighting Equipment (PA Vehicle Code Ch. 43) Other Required Equipment (PA Vehicle Code Ch. 45) |
PENNSYLVANIA AUTOMOBILE INSURANCE
In Pennsylvania, motorists must purchase insurance coverage in the minimum amount of $15,000 / $30,000 / $5,000. This means that if you are involved in a car accident in Pennsylvania and it is your fault, each personal injury victim can get up to $15,000, or if there is more than one injured victim in an auto accident, they can share in a total of $30,000 among the personal injury victims. However, each victim is limited to a maximum of $15,000. The $5,000 indication is for auto accident medical bill reimbursement.
In Pennsylvania, there are two types of auto coverage that one must choose from: Limited Tort and Full Tort
Which tort option should you choose on your Pennsylvania Auto Insurance policy, Limited Tort or Full Tort? Insurance agents typically do not fully explain what each tort option means, so let’s look at the options from the standpoint of a Philadelphia car accident lawyer.
Limited Tort Insurance Option
With Limited Tort, you give up the right to compensation for pain and suffering if you are injured in a Pennsylvnia car accident. When injured in an auto accident in PA, you will, depending on the severity of your personal injuries, suffer pain, suffering, loss of life’s pleasures, embarrassment and humiliation. Personal injuries due to car wrecks can result in long-term disabilities that last for months or years.
Most Pennsylvania citizens are unfamiliar with auto insurance terms and have no idea what they are giving-up when they select Limited Tort automobile insurance. Most people choose Limited Tort because they believe:
- The annual premiums are much less
- They won’t get involved in an car accident
- They are protected because they have “Full Coverage”
- They believe that if the other vehicle is at fault for the car accident, the other has to pay
Jeffrey H. Penneys, Esq., a top Philadelphia car accident lawyer, knows that the above are untrue:
- While the annual premiums are less for Limited Tort, it is only 10% less, on average, than if you choose Full Tort.
- Anyone can be involved in a automobile accident—that’s why it’s called an accident—it’s not something you can avoid or plan for.
- “Full Coverage” is not the same as “Full Tort.” Full coverage generally means that you have purchased collision coverage and perhaps wage loss, but you are still not protected for pain and suffering.
- Unless you have selected Full Tort, the insurance company for the at-fault vehicle only has to compensate you for economic losses (wage loss, property damage, excess medical bills that are not covered by your automobile policy or health insurance).
By choosing Limited Tort, you sacrifice full protection for yourself and your family members who are covered under your Pennsylvania car insurance policy. Insureds are those relatives that live with you who do not have automobile insurance of their own—this typically means minor children or others who live with you. Limited Tort not only puts you and your family at risk in your own car, but it even applies when you or your children are injured when they are passengers in someone else’s car!
Exceptions to Limited Tort
There are some exceptions to Limited Tort in Pennsylvania, where if you meet the exception, the at-fault insurance company will have to compensate you even as though you had selected Full Tort. The most common exceptions are as follows:
- If the at-fault driver is convicted of or pleads guilty to DUI
- If the at-fault driver is operating a vehicle registered in a state other than Pennsylvania
- If you are in a commercial vehicle (e.g., rental car, SEPTA bus)
- If you are “seriously injured” (e.g., surgery) or have “disfigurement” (e.g., scarring) as a result of the accident
Jeffrey H. Penneys, Esq. has represented plenty of individuals in Pennsylvania who have chosen Limited Tort on their auto policy. Please contact Mr. Penneys to discuss your rights, even if you believe that you are stuck with Limited Tort on your Pennsylvania Auto policy.
Full Tort Insurance Options
In Pennsylvania, if you have selected Full Tort on your insurance policy and you are not the at-fault party, your car accident lawyer is permitted to seek monetary damages on your behalf for everything relating to the personal injury accident, including pain and suffering, loss of life’s pleasures, inconvenience, lost wages, property damage and any other loss resulting from the car accident.
Choosing Full Tort on your policy instead of Limited Tort costs a little more on your automobile insurance premium , but it could mean thousands of dollars to you if you are injured in a Pennsylvania auto accident. Having additional money to help you through a difficult time in your life is well worth the investment today, in my opinion.
If you do not live with a relative who owns an insured motor vehicle and you yourself do not own a car, then you are automatically Full Tort under Pennsylvania motor vehicle law. Furthermore, if you are a pedestrian hit by a motor vehicle, you are likewise considered Full Tort in Pennsylvania.
Medical Bills and Pennsylvania Car Accident Law
Will My Medical Bills Be Paid if I am Involved in a Pennsylvania Car Accident?
Every Pennsylvania motor vehicle policy must have a minimum of $5,000.00 for medical payments or PIP (“Personal Injury Protection”), so Pennsylvania Car Accident personal injury are paid first from that, then health insurance is triggered and the rest of the bills will be paid that way.
Will I Have To Reimburse My Health Insurer For Bills They Paid For My Car Accident Care?Potentially, yes. If your medical bills exceeded $2,000 and your health insurance carrier pays for medical treatment over the first $2,000 that PIP paid, they may be legally entitled to be reimbursed from any amounts you receive in connection with your bodily injury claim. This right of reimbursement is called a “lien”. Exactly how much you would have to reimburse your health insurer would depend on the individual facts, and a good personal injury attorney will explain in detail before you receive any payments from your case.
More car accident personal injury medical compensation information.
Pennsylvania Auto Accident Law if At-Fault Driver Does Not Have Enough Insurance
The minimum insurance coverage that a Pennsylvania driver must get is $15,000/$30,000. If you are seriously injured, and this amount is insufficient to compensate you for your injuries, you may be entitled to collect “underinsured” (UIM) or “uninsured” (UM) motorist benefits:
Underinsured motorist claims:
When you are hit by a driver with insufficient insurance coverage to pay for your peraonal injuries, or are a passenger in a vehicle involved in a wreck with insufficient insurance coverage, you may seek compensation under the underinsured section of your own auto insurance policy, the policy that exists in your household, or the vehicle that you were in if that vehicle is not at-fault for the Pennyslvania automobile accident.
Uninsured motorist claims: This type of insurance coverage is for those injured in a Pennsylvania hit and run accident, or by an uninsured driver.
How Will The Person I Sue Be Affected If I Bring a Bodily Injury Claim?
Almost all personal injury claims are defended by insurance companies and their attorneys, so the negligent person or business you make a personal injury claim against will not have to pay any money out-of-pocket. A personal injury claim is a civil case in Pennsylvania, so the defendant will not be punished criminally (unless, generally, it was a DUI situation).
How Will My Auto Accident Lawyer Be Paid?
Pennsylvania personal injury lawyers are hired under a “Contingency Fee Agreement.” Your attorney collects a percentage of the recovery—you pay nothing out-of-pocket, and there is no retainer that you pay. If no financial recovery is collected, you owe your auto attorney nothing!
Pennsylvania Car Accident Lawsuits Resolution
Car accident claims can differ case by case, and how long an auto accident case in Pennsylvania takes depends upon several factors:
- A large factor in the length of an auto wreck case is treatment — the longer a personal injury victim treats, the longer it’ll take because we cannot determine the value of her claim until she has reached “maximum medical improvement” and can ascertain what her total medical bills are, etc.
- Likewise, we need to know what medical bills need to be paid by the at-fault insurance company, if any.
- Another factor is the insurance company. If they take responsibility, we have to see if they are going to be fair with a car accident settlement offer. If they are fair, then the case will not have to be put in suit and that takes less time than if we do have to sue for an automobile accident. If they are unfair, then an auto accident lawsuit will become necessary.
~ Free Pennsylvania Auto Accident Consultation ~
No Attorneys’ Fees Unless You Collect Damages
If you, or a loved one, have suffered a personal injury in a Pennsylvania car accident that wasn’t your fault, then contact the Philadelphia car accident lawyer office of Jeffrey Harlan Penneys, Esq. at 1-800-injury-law.
