ONE THING YOU MUST KNOW ABOUT AUTO INSURANCE IN PENNSYLVANIA 
If you have limited tort liability insurance you will not be able to sue for damages if you were involved in an auto accident. All you may get are medical expenses paid. (There are exceptions so you should always talk to an attorney.)

LIMITED TORT OR FULL TORT. Which do you have?
As a practicing attorney, I always get people with limited tort liability insurance coming into my office looking for representation for their auto accidents. Unfortunately, I give them an education in auto insurance that they should have gotten when purchasing their car insurance. Many times they go away in shock over the fact that because they have limited tort liability, they are prevented from recovering (or suing) for personal injury damages. Below is a very basic explanation of what get with certain types of car insurance.

Liability Insurance: This pays for damages you cause to others or their property.

Full Tort Coverage: If you have this coverage, you can sue for damages and not just for medical expenses. You should have this type of coverage if you want to be able to recover for personal injury damages in a car accident.

Limited Tort Coverage: With this insurance, you can only recover for medical expenses and not for personal injury damages. (There are exceptions so you should always talk to an attorney.)

Collision. Under this coverage, you insurance company will pay to have you car repaired. The coverage amount is limited to the fair market value of your auto before the accident.

Comprehensive. This coverage pertains to non-accident property damage to your auto, such as if a tree limb falls on your car.

Full Coverage: "Full Coverage" is really only Collision and Comprehensive Coverage. Many people mistakenly think that by having full coverage they can sue if they are hurt. This is not true. You must elect to have "Full Tort" coverage to do so.

Uninsured Motorist: This pays for your damages if the person causing your damages is not insured.

Under-insured Motorist: If you have damages higher that the policy limits of the person who caused your damages, this type of coverage pays for your damages over that limit.

 After the Accident. What should I do? 

• 1. Get Medical Attention. An auto accident, even a minor one, causes the body to go into shock. The defense mechanisms of the human body to shock is to dull the body’s response to pain or injury. Confusion is also very common. If you are involved in an auto accident, do not refuse medical treatment. Let the emergency medical technicians do what they were trained to do. Many times, a person involved in an accident claims to be all right only to find out later that they suffered a serious injury.
  

• 2. Report the Accident. After you have received medical treatment, your next obligation is to cooperate with the police in their accident investigation. You should always cooperate. You cannot refuse to answer a police officer's questions regarding the accident; however, your statements cannot be used against you in court. While the courts won't use your statement, insurance companies and other attorneys will. For this reason you should answer the police officer’s questions, but don't volunteer additional information. Be as clear and concise as possible. Provide the officer with the facts, as you know them. Resist the urge to apologize for the accident. You don't know that it was your fault. Don't assume liability and repeatedly say, "I'm sorry". Anything you say can and will be used against you to defeat your claim for compensation.
  

• 3. Get as Much Information as Possible. If the accident was very minor and the police was not involved, make sure you exchange all information and get full address, license numbers and insurance information. If none of that information is available and you are suspicious that the person is unlicenced or uninsured, you may want to call the police. Get information on all witnesses, if any. Do not discuss the accident with the witnesses. Do not give their names to anyone but the police, your attorney or your insurance company.
  

• 4. Take Pictures. If possible, take pictures of the accident scene, even if the vehicles have been moved. Pay particular attention to skid marks and damage to all vehicles involved.
  

• 5. Write Down What Happened. As soon as you are able to, write down the details of the accident. Make a note of the details of the accident, including date and time, road conditions, weather conditions and speed of all other cars involved. It also is a good idea to draw a diagram of the accident showing the position and direction of the cars just prior to and after the accident.
  

• 6. Notify your Insurance Company. Remember to call your insurance company representative immediately after the accident. If you fail to notify your insurance company of the accident, this could be grounds for the company's denying any obligation to protect your interests in the event a claim is made against you. Sometimes the insurance company will want your authorization to make a recorded statement concerning the accident. We suggest that if you or your passengers were injured in the accident, or believe the insurance company will try to claim "you're not covered" or you have any concerns about the adequacy of your coverage, you should contact an attorney before you go much further, and certainly before you give the insurance company permission to record your conversation. However, bear in mind that failure to provide information to your insurance company on a timely basis can result in loss of coverage for the accident.(Your policy will set out how quickly you must notify the company, and it can be a VERY short time frame.)

• 1. Contact the Cardenas Law Firm. Immediate contact my office at the CARDENAS LAW FIRM so we can began representing you and preparing your case.
  

• 2. Don’t Give Unnecessary Statements. Never submit to any request for a statement by the other driver's insurance company. You are not legally obligated to give a statement. Such a statement could later be used against you. Just refer them to the CARDENAS LAW FIRM.
  

• 3. Know What the Game Is. Remember insurance companies are big business. They do not have your best interests in mind. The adjuster's sole objective is to settle your claim for as little as possible.
  

• 4. Take Pictures of the Injuries. As soon as possible after the auto accident, you should photograph any visible injuries (i.e. cuts, bruises, broken bones, etc.) This will vividly record what happened. Provide me with those pictures and negatives at the CARDENAS LAW FIRM.
  

• 5. Take Pictures of the Damage and the Accident Scene. Before repairing your car, photograph the damage from all angles. Provide me with those pictures and negatives at the CARDENAS LAW FIRM.
  

• 6. Determine Who Is To Pay for Medical Costs. Consult me at the CARDENAS LAW FIRM to determine who is responsible for payment of your medical bills. Your medical bills could be processed through the other driver's insurance company, your auto insurance policy or through your group health insurance. Be aware that some insurance policies require reimbursement of any medical expenses upon settlement of your claim.
  

• 7. Keep Records of Lost Wages. Keep accurate records of all your lost time and wages from work, including time off to visit doctors and therapists, as a result of your auto accident. Please have your employer send my office written confirmation of this and the amount of wages represented by this time lost. This information will assist our office in determining the value of your claim.
  

• 8. Determine Who Will Pay for Car Repairs. Before you repair the damage to your car, contact me at the CARDENAS LAW FIRM attorney. Generally, your insurance company will pay to have your car repaired or pay you the value of the vehicle if it is a total loss. If it is determined that you are not at fault for the accident, your insurance company will seek reimbursement for medical bills from the driver at fault. Your attorney will explain the best way to have your car replaced or your total loss adjusted.
  

• 9. Write a Detailed Statement of the Accident. Write out a detailed description of the accident, including location, time of day, weather conditions, description of the roadway, speed limit, traffic lights, stop signs, etc. The sooner you do this, the more precise your recollection will be.
  

• 10. Talk to No One. You should not talk to anyone about your collision except one of the lawyers or investigators from the office at Cardenas Law Firm.
  

• 11. Traffic Offenses -- Never plead guilty to any traffic offenses or pay any tickets in connection with the collision without speaking with an attorney at the Cardenas Law Firm.
  

• 12. Witnesses. Immediately give our office the names, addresses, and telephone numbers of all witnesses to the collision and people who came to the scene after the collision.
  

• 13. Follow Your Doctor’s Advice. You should follow as precisely as possible the advice and course of treatment recommended by your doctor or other health care providers. Do not minimize and do not exaggerate your ailments to your doctor or health care provider, as he or she needs to know the true extent of your problems to best know how to treat you. If you see any additional doctors or health care providers, be sure to immediately let me know at the CARDENAS LAW FIRM their names, addresses and telephone numbers.
  

• 14. Keep a Diary of the Affect of the Injury. Please keep a daily or weekly record or diary of your condition and progress. Record how you feel on a day-to-day basis and how your life is affected by your injuries. This can be very helpful in dealing with the insurance company and if a trial is necessary. Again, do not minimize or exaggerate your problems, write down exactly how you are feeling.
  

• 15. Medical Bills and Other Expenses. Keep copies of all your medical, hospital, therapy and drug bills, and send the original bills my office. You should also keep records of any other expenses you have in connection with your accident, such as the hiring of extra help and mileage or taxi fare for visits to the doctors. All your expenses should be paid by check or you should get a receipt. If you have health or medical insurance to cover such bills, please speak with me before submitting bills for payment. If you can pay the amount not covered by insurance, you may pay your bills, but, again, speak with me prior to doing so.
  

• 16. Always Stay in Touch with Your Attorney. It is important to keep me at the CARDENAS LAW FIRM informed of developments in your case. Changes of address, contacts from anyone and other facts should always be reported.

Frequently Asked Question About Automobile Accidents and Lawsuits

At the CARDENAS LAW FIRM, P.C., we realize that many people are sometimes afraid to start legal action over automobile accident. Some people feel that they can do it on their own and handle the other driver's insurance company. They feel that an attorney is not necessary and will only complicate things. Other people believe that honestly will prevail and that if they behave with fairness then the insurance company will behave with fairness. These are misconceptions that can lead to unfortunate results. The truth is, an attorney with experience in personal injury cases can help you achieve a greater settlement, and can guide you through the entire legal process so that an insurance company does not take advantage of you. Keep in mind, even if you do not have an attorney representing you, the insurance company most certainly does. The insurance company is not your friend, and it does not want to pay you any more money than it has to pay you. They absolutely love it when people handle cases on their own because they know they will save a lot of money by dealing with an inexperienced person. Having an attorney on your side is the most efficient route to leveling the playing field between you and the insurance company.

The Cardenas Law Firm, P.C. has extensive experience with personal injury cases and auto accident lawsuits. We handle many of these cases each year, and we can help you recover for medical bills, lost wages, pain and suffering, and various other losses as well. People who suffer a personal injury, either in an automobile accident or through other means often are unaware of the ramifications of a personal injury lawsuit. Below is a list of frequently asked questions Auto Accident Lawsuits. If you have any further questions, please do not hesitate to contact us, either through e-mail at cardenas@cardenaslawfirm.com or by phone at 1 (717) 854-6400.

• 1. If I hire a lawyer, how can I help my own case?
  

• 2. Because of the accident, I cannot work. How do I pay my medical bills?
  

• 3. The medical providers are calling me for payment. What can I do to avoid having my
      bills turned over to a debt collection service?
  

• 4. How come the negligent driver's insurance policy will not pay any of my bills?
  

• 5. What will my attorney do for me when I hire him or her?
  

• 6.  Can I do anything to improve my case?
  

• 7.  What is a contingent fee agreement?
  

• 8.  What are costs?
  

• 9.  Why am I suing the person who hit me, and not his insurance company?
  

• 10. May I call the adverse insurance company to check on the status of my case?
  

• 11. What is the value of my claim?
  

• 12. Who decides when to settle my case?
  

• 13. After I accept my settlement, how long will it be before I can expect a paycheck from the Insurance Company?
  

• 14. What is the settlement process, and what does it entail?
  

• 15. What will happen to my claim if we are unable to reach a settlement with the adverse Insurance Company?
  

A. See your doctor as soon as possible following your injury. Follow the doctor's orders.

B. Do not talk to anyone about your case except your lawyer. This is important. Remember - you hired your lawyer to represent you in this matter - you need to let him represent you in all communications.

C. Do not give any statements. Statements may later be used against you.

D. Go to all doctor appointments. If you must miss an appointment, call the doctor's office and let them know.

E. If you must miss work because of your injury, you need to keep accurate records. These will be used in the settlement portion of your claim. Your lawyer will seek reimbursement of all of your lost wages.

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A. Your attorneys will, in most cases, make arrangements for your medical bills to be paid out of any settlement. Normally, your attorneys will send a Letter of Protection to your medical providers, notifying them that you are in the midst of pursuing a lawsuit against the person who injured you. This Letter of Protection guarantees payment to the medical provider upon the settlement of your lawsuit.

B. Several other alternatives also exist: your private Health Insurance, Personal Injury Protection or medical coverage on your auto insurance, and sometimes even Pennsylvania Workers' Compensation (if you were on the job at the time of the accident.)

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Have any medical providers demanding payment contact your lawyer. Your attorneys will attempt to get the providers to agree to defer payment until the time of settlement and stop harassing you.

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Insurance companies prefer to settle your whole case at one time. Therefore, an Insurance Company will not pay medical bills one at a time. Most likely, when the case settles, your attorneys will use your settlement monies to pay all outstanding bills of which they are aware. Ultimately though, it is your responsibility to inform your lawyer of any and all bills related to your claim.

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Of course, this varies with the complexity of each case. Generally speaking, your attorney will investigate your claim, set up the appropriate insurance claims, talk to witnesses, collect all available public information (i.e. police reports), collect medical bills and research current law.

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A. Keep your lawyer informed of your medical condition at all times. Should your condition change, notify your attorney immediately.

B. Attend all of your doctor appointments - if you must miss one, inform your doctor prior to the appointment, and reschedule as soon as possible. Understand, the Insurance Company will be scrutinizing your medical records; if your records show a pattern of missed appointments or sporadic treatment, your case will have less settlement value..

C. Do not speak to anyone but your attorney about your claim. Should you be contacted by an insurance company representative, inform your attorney immediately.

D. Make it easy for your attorney to find you. Your attorney cannot take any substantive action on your case without your express approval. No settlements can be accepted or rejected without your knowledge. So make sure you notify your lawyer if you change phone numbers, go on vacation or move addresses.

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Most attorneys who labor in the personal injury field of law utilize a "contingent fee agreement." It is the standard payment method by which personal injury lawsuits are pursued throughout Pennsylvania. Basically, a contingent fee agreement provides the following: should you win your case, your attorney will take a percentage of your winnings as his payment. However, should your lawsuit prove unsuccessful, your attorney will take nothing. At the outset of your case, your attorney will specify the exact percentage he expects to realize from your settlement. This percentage will vary with the complexity of the case - the more time and effort the attorney expends, the higher the percentage. Also note, in most instances, the contingent fee (or percentage) covers only the attorney's fees - the contingent fee does not include costs.

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Usually, the client is responsible for costs. Costs may include, but are not limited to: filing fees, deposition costs, expert fees, medical records retrieval, photographs and exhibits.

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In Pennsylvania, when you are injured, you file suit against the person who hurt you; you do not sue his or her insurance company directly. Of course, this rule does have certain exceptions, such as uninsured motorist claims. Also, you should always contact an attorney prior to filing a lawsuit.

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Absolutely not. Unless your attorney directs you otherwise, do not contact the insurance company of the person who injured you. And never give a statement to the insurance company outside the presence of your attorney.

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The value of your claim is dependant upon a variety of factors. Your attorney will discuss the value of your claim with you, emphasizing both the pros and the cons of every relevant factor. Some of the relevant factors include:

A. Recent jury verdicts in similar cases.

B. The extent and nature of your medical bills, both present and future medical.

C. The type of injury you have suffered, and the extent of resultant disability.

D. The legal liability of the person who injured you.

E. The reliability and availability of any witnesses to the accident.

F. Any lost wages and loss of earning capacity you have experienced.

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When you have finished treating with a physician for your injury, your attorneys will present a demand package to the Insurance Company of the party who injured you. Your attorney will supply this demand package to the Insurance Company in the hope of reaching a settlement. The demand package will contain an itemized listing of all medical bills you have incurred, all wages you have lost, a description of any permanent impairment you have suffered, and a detailed account of the pain and suffering you have undergone. The Insurance Company will evaluate the demand package, and will either accept the proposed demand or issue a counter-offer. Any response the Insurance Company makes regarding the demand package will be forwarded to you, the client.

It is important for you to realize that ultimately, you have the final decision regarding any

settlements. Still, because of your lawyer's experience in this area of law, you should consider seriously and carefully any recommendation he might make regarding the settlement value of your case.

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Once an agreement has been reached between you and the adverse insurance company, it usually takes between two and six weeks to complete and finalize the settlement process. You may expect a check at the end of the settlement process.

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The settlement process is the procedure whereby your attorney pays out all costs and expenses related to your claim. As the client, you sign the settlement check or draft; you also sign a release which allows your attorney to pay all of the outstanding debts related to your injury. After you sign both of these items (the check and the release), your attorney will place the check in his Client's Trust Account, where it will remain until all bills associated with your claim are paid. When the check or draft clears, your attorney will pay all outstanding medical bills, all costs, and attorney fees. The remainder of the money goes to you, the client.

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If you and your lawyer are unable to reach an agreement with the adverse insurance company regarding the value of your case, it may be necessary to initiate a civil lawsuit. This is commonly referred to as litigation. Usually, this litigation will be brought against the person, persons, or company who caused your injuries and not against their insurance company (unless the case is an uninsured or under-insured motorist case).

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To Discuss your case with an attorney, call us or email us for legal advice.
Telephone: (717) 854-6400  FAX No: (866) 353-5570

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18 South George Street, Suite 410, York, Pennsylvania 17401

E-Mail: Cardenas@CardenasLawFirm.com

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