Car accidents can be a frightening experience, leaving you unsure of what to do next. If you've been in a car accident in Pennsylvania, understanding how settlements work can help alleviate some of the stress and uncertainty. Freeburn Law is here to help you discuss your options, help avoid common mistakes, and secure the compensation you deserve.
How Are Settlements Calculated in Pennsylvania?
Several factors influence how car accident settlements are calculated in Pennsylvania. Here’s a breakdown of what impacts your settlement amount:
- Severity of Injuries: The more severe your injuries, the higher your medical costs and the longer your recovery time. If your injuries result in permanent disabilities, this will significantly increase your settlement amount.
- Medical Expenses: Keep detailed records of all medical costs, including hospital stays, doctor appointments, rehabilitation, therapy, and medications. These costs play a substantial role in determining your claim value.
- Lost Wages: If your injuries prevent you from working, you're entitled to recover lost wages for the time you’ve been unable to work. This can also extend to future lost income if you're unable to return to your previous position.
- Property Damage: The expenses to repair or replace your vehicle will also be included in the settlement.
- Pain and Suffering: Physical pain, emotional distress, and the impact on your quality of life are also considered. While these are harder to quantify, they often comprise a significant portion of the settlement.
- Fault: Pennsylvania operates under a "modified comparative negligence" system, meaning even if you're partially at fault, you can still recover damages. However, your compensation will be reduced by your percentage of liability. If you're 51% or more at fault, you will not be eligible to recover damages.
- Insurance Coverage: The total recovery you can receive depends, in part, on the at-fault party's insurance coverage. If their coverage is insufficient, you may need to rely on your own underinsured motorist coverage.
Key Differences Between At-Fault and No-Fault Insurance in Pennsylvania
Pennsylvania operates under a "choice no-fault" system that gives drivers two key options for handling medical expenses following an accident: limited tort and full tort.
Limited tort insurance limits your ability to sue for pain and suffering unless your injuries meet a specific threshold of severity, such as permanent disfigurement or serious impairment. It generally results in lower insurance premiums.
Full tort insurance preserves your right to sue for pain and suffering regardless of the injury's severity. This typically results in higher insurance premiums.
Your tort selection has a significant impact on your ability to recover damages for pain and suffering, so choosing the right option for your circumstances is crucial.
Common Mistakes to Avoid During a Settlement Process
Successfully navigating the settlement process requires careful attention to detail and avoiding common pitfalls. Avoiding these mistakes can help protect your settlement:
- Failing to seek prompt medical attention.
- Not reporting the accident to the police or your insurance company.
- Admitting fault or making recorded statements without consulting an attorney.
- Neglecting to gather evidence (photos, videos, witness contact info).
- Accepting an early settlement offer that may not fully cover all your needs.
- Settling too quickly without considering future expenses for long-term injuries.
- Failing to keep detailed records of medical bills, communications, and related costs.
- Discussing the accident or settlement details on social media.
- Ignoring potential long-term physical or emotional impacts.
By working with a car accident attorney, you can significantly improve your chances of receiving a fair and adequate settlement.
Insurance Companies and Their Role in Settlements
Insurance companies play a significant role in car accident settlements, but their priority is often protecting their bottom line. Here are tips for dealing with them:
- Report the Accident Promptly: Notify your insurance company as soon as possible while sticking to the facts.
- Be Mindful of Communication: Avoid admitting fault or providing recorded statements until you’ve consulted with an attorney.
- Keep Records: Maintain documentation of all interactions with insurers, medical records, and receipts for expenses related to the accident.
How to Handle Insurance Adjusters After a Car Accident
Insurance adjusters are trained to protect their company's bottom line. While they investigate claims and assess liability, their primary goal is to minimize payouts. Consequently, they may offer settlements significantly lower than what you're entitled to receive for your injuries, damages, and lost wages.
An experienced car accident attorney can level the playing field, effectively negotiating with the adjuster on your behalf to secure the full and fair compensation you deserve. At Freeburn Law, we understand the tactics adjusters may use and can advocate persuasively for your best interests, reducing your stress and maximizing your chances of a positive outcome.
The Impact of Pennsylvania's Comparative Negligence Laws on Insurance Payouts
Pennsylvania follows a modified comparative negligence rule. This means you can recover compensation even if partially at fault, but your award is reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover any damages.
Understanding Pennsylvania’s Statute of Limitations for Car Accident Claims
The statute of limitations in Pennsylvania is two years from the date of the accident. Filing a claim after this window has closed will likely result in losing your right to seek any damages. Consulting with an attorney as soon as possible ensures all deadlines are met.
Steps to Take Immediately After an Accident to Protect Your Settlement
Taking the right steps immediately after a car accident is crucial to protecting your health, wellbeing, and even your legal rights.
Following these steps can protect your settlement:
- Ensure your safety and call emergency services if necessary.
- Seek medical attention, even if injuries seem minor.
- Document the scene with photos or videos.
- Collect contact information for witnesses.
- File a police report.
- Notify your insurance company.
- Consult an experienced car accident attorney.
- Keep detailed records of all expenses and communications.
- Avoid discussing details of the accident publicly, including on social media.
- Follow medical advice to ensure a swift recovery.
By prioritizing these actions, you create a strong foundation for your claim and demonstrate your commitment to responsible behavior following the accident.
Practical Advice for Drivers in York, Harrisburg, Lebanon, and Lancaster
If you've been in a car accident in York, Harrisburg, Lebanon, or Lancaster, these resources can help:
- Emergency Services: Dial 911 for immediate medical assistance and law enforcement support.
- Towing Services: Keep a list of reliable local towing providers.
- Vehicle Repairs: Research reputable repair shops in your area to ensure quality workmanship.
- Support Groups & Counseling: Seek emotional support if the accident has caused mental or emotional distress.
- Legal Representation: When seeking legal counsel, prioritize experience and a proven track record in car accident settlements. Many Central PA law firms offer free consultations to help you find the right attorney for your needs.
Protect Your Rights After a Pennsylvania Car Accident
If you've been in a car accident in Pennsylvania, don't wait to protect your rights and secure the compensation you deserve. Contact Freeburn Law today for a free consultation. They'll guide you through the legal process, ensure no deadlines are missed, and fight for the settlement you’re entitled to. Your future starts with the right representation. Contact Freeburn Law today to get started.
FAQs About Settlements and Insurance in Pennsylvania
How long does it take to settle a car accident claim in Pennsylvania?
The settlement timeline can vary. Simple claims may resolve in a few months, while claims involving severe injuries or disputes can take a year or more.
What happens if the other driver is uninsured or underinsured?
Your uninsured/underinsured motorist coverage can help cover expenses not paid by the at-fault driver. Without this coverage, recovering damages can be more challenging.
Can you reopen a settlement if new injuries are discovered later?
Once you’ve agreed to and signed a settlement, it’s typically final. This is why it’s essential to fully evaluate all injuries and future treatment needs before accepting an offer.