 If you've been involved in a traffic accident
while riding a motorcycle, the first fact you need to know is that most of the
time, motorcycle accidents are treated differently than auto accidents.
Why?? Because there is a prejudice throughout the United States again
motorcycle riders. (Thanks in part to the movies.) You need an
attorney who knows how to deal with this discrimination against motorcycle
riders. You need an attorney who understands the difference between
auto insurance law and motorcycle insurance law. You also would like
an attorney who is a rider himself.
-
The
average motorcycle victim faces a double hurdle: financial hardship as insurance
companies fail to cover medical and lost wages on most motorcycle riders. For
some motorcycle accident injury victims, the future medical prognosis and
employment status will be clouded by traumatic brain injury or a closed head
injury. If you or someone you know has been
in a motorcycle accident, we offer a free case evaluation. Put us on your side.
- There are different factors that may
contribute to an Pennsylvania motorcycle accident, but most commonly they are due to
inexperience and the failure of recognizing the motorcycles limitations.
Motorcycle accidents involving multi vehicles are the result of a motorist
turning into the path of the motorcycle in one third of the instances.
- Other driver negligence may cause a
Pennsylvania motorcycle accident despite using caution. In these instances a
Pennsylvania
motorcycle accident attorney has specialized knowledge in motorcycle accident
law and can help recover damages. Thousands of people will be injured in a
motorcycle accident caused by another person’s negligence, and most
motorcyclists will face hardships due to a head injury that can cost a lot in
medical bills and lost wages. Some Pennsylvania motorcycle accident attorneys can help
recover the medical bills and lost wages, as well as other suffering caused by
the motorcycle accident. In order to have a motorcycle accident case the injury
caused must be the result of another person’s negligence and the victim has
suffered an injury or death as a result of the motorcycle accident.
CLICK ON THE
SENTENCE BELOW TO GO TO THE INFORMATION ON THAT TOPIC
To
Discuss your case with an attorney, call us or email us for legal advice.
Telephone: (717)
854-6400 FAX No: (866) 353-5570
Office Hours &
Address: Office hours: Mon-Fri
9am-5pm. Closed from 12pm-1pm
18 South
George Street, Suite 410,
Pennsylvania 17401
E-Mail: Cardenas@CardenasLawFirm.com
If you want an
attorney to contact you or if you have any questions
on our services, you can fill out and submitted our "Request
Form"
|
ONE
THING YOU MUST KNOW ABOUT AUTO INSURANCE IN PENNSYLVANIA
-
Motorcycle law and automobile law are greatly
different. For example, when insuring a motorcycle, you can't purchase
certain types of coverage such as medical
benefits and income loss benefits. In addition, the tort option doesn't apply to
motorcycles, so there is no restriction on recovery for pain and suffering.
However, many areas of motorcycle law are in a state of flux.
You need an attorney who is up to date with all the changes in the law and the
latest cases.
-
DEFINITIONS YOU SHOULD KNOW.
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?
Immediately After the Accident
-
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 unlicensed 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.)
What
should I do If I am Going to Pursue a Claim for Personal Injury?
-
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?
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.
back to the top
2. Because
of the accident, I cannot work. How do I pay my medical bills?
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.)
back to the top
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?
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.
back to the top
4. How
come the negligent driver's insurance policy will not pay any of my bills?
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.
back to the top
5.
What will my attorney do for me when I hire him?
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.
back to the top
6. Can
I do anything to improve my case?
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.
back to the top
7. What
is a contingent fee agreement?
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.
back to the top
8. What are
costs?
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.
back to the top
9. Why am I
suing the person who hit me, and not his insurance company?
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.
back to the top
10. May I call
the adverse insurance company to check on the status of my case?
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.
back to the top
11. What
is the value of my claim?
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.
back to the top
12. Who decides
when to settle my case?
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.
back to the top
13. After I
accept my settlement, how long will it be before I can expect a paycheck
from the Insurance Company?
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.
back to the top
14. What
is the settlement process, and what does it entail?
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.
back to the top
15. What
will happen to my claim if we are unable to reach a settlement with the
adverse Insurance Company?
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).
back to the top
To
Discuss your case with an attorney, call us or email us for legal advice.
Telephone: (717)
854-6400 FAX No: (866) 353-5570
Office Hours &
Address: Office hours: Mon-Fri
9am-5pm. Closed from 12pm-1pm
18 South
George Street, Suite 410,
Pennsylvania 17401
E-Mail: Cardenas@CardenasLawFirm.com
If you want an
attorney to contact you or if you have any questions
on our services, you can fill out and submitted our "Request
Form"
|
