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IF THERE’S AN AUTO ACCIDENT If
you are involved in an auto accident and a person is injured or a vehicle can
not be driven the police must be called.
If there are no injuries and all vehicles can be driven the police do not have
to be called. In both situations,
you must stop, render assistance and exchange information i.e. license,
registration, insurance, name and address. There are criminal penalties,
including fines and imprisonment, if you do not stop at the scene of an accident
in which you are involved. If able to, you are to render assistance to anyone
injured. If the police do not investigate
at the scene of the accident, notify the police department closest to the
accident as soon as possible. NO-FAULT INSURANCE LAW Under No-Fault (Motor
Vehicle Financial Responsibility Insurance Law), there are two types of
insurance coverage can be purchased; the limited
tort option and the full tort option.
Those who select the limited tort option, may
not sue for non-economic damages (pain and suffering) unless they have suffered
a "serious injury." A serious injury is defined by law as a personal
injury resulting in death, permanent and serious disfigurement, or serious
impairment of bodily function. The PA Supreme Court has recently ruled that what
constitutes a “serious injury” is a question for the trier of the fact (jury
or if no jury, the judge). Those choosing the full tort
option may claim compensation for pain and suffering for any injury without having to prove a “serious
injury.” If you or someone you know has suffered a personal injury as the result of the negligence of another person or entity, contact us immediately for a free consultation. When appropriate we will make house or hospital appointment to interview the injured person. THERE IS NEVER A FEE UNLESS WE RECOVER MONEY FOR YOU. WHAT IF THERE ARE NO INJURIES, JUST PROPERTY DAMAGE? If
your car is damaged in an accident, you have a legal right to recover money
damages from the person responsible (at fault) for the damage. If
your car is slightly damaged, you may wish to recover through your own insurance
carrier. Depending on what jurisdiction applies, you may be able to sue in a
small claims court (sometimes known as a district or municipal court). Most
people do not use an attorney at the small claims level, but can if they choose
to do so. If the damage to your car is
more serious, you may have to file suit in a higher court which means you will
probably need an attorney. If
you were responsible for the accident, contact your own insurance agent.
Failure to report the accident to your insurance carrier could affect
your coverage. WHEN SHOULD I CONTACT AN ATTORNEY? •
if you are injured in an accident; •
if you wish to file a claim against the at-fault party for personal injuries
and/or property damages; •
if there is a problem in getting money from your insurance company; •
to recover money for property damage; •
if you were at fault in the accident and there is a possibility that the other
party will make a claim against you.
Ó 2003 James W. Pearson, Jr. , All Rights Reserved FOR
ADDITIONAL INFORMATION CALL THE TOLL FREE HELP LINE 1-800-232-1477 E-mail: lawyer@lawwalk.com JAMES
W. PEARSON, JR. Chair of the Federal & State Credit Union Department & Coordinator of legal consultations under the Family Legal Care Plans offered to credit union members. |
Send mail to LawInfo@LawWalk.com
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