Earp Cohn P.C.
Address
123 South Broad Street, Suite 1030
Philadelphia, PA 19109-1022
United States
Member since
2012
PBLI
All drivers involved in a car accident will likely want compensation for their damages. You exchange insurance information, call the insurance carriers, file a claim…but there is more to it than just a bit of paperwork. Pennsylvania’s negligence laws only allow parties that were 50 percent or less responsible for the accident to recover damages. This task of proving fault and liability is best left to a Philadelphia car accident lawyer at Earp Cohn P.C., especially after serious accidents.
The Philadelphia auto accident lawyers help you file an insurance claim, collect evidence of fault and damages, and negotiate a fair settlement for your losses.
A car accident claim begins with contacting both your insurance company and the other driver’s insurance company. When you signed up for an auto insurance policy, you have the option of selecting full tort or limited tort insurance.
If you selected full tort insurance, you are able to sue an at-fault party for all damages (i.e., economic and noneconomic); however, if you chose limited tort insurance, you are only able to receive economic damages from the at-fault party. You could only pursue pain and suffering damages if you meet certain requirements, such as suffering severe injuries.
You can look to your own policy to cover medical expenses through your Medical Benefits. But if somebody else caused your accident, you can also file a liability claim against that party (see above for restrictions on limited tort policies).
The insurance adjusters will be looking for evidence that proves who was at fault for the accident and that establishes the extent of your damages.
Evidence for a car accident claim can include:
This evidence needs to prove how the accident occurred and who was at fault. For example, you can prove that the other driver was at fault for a head-on collision if you take a picture showing that the driver was on the wrong side of the road.
When you file your car accident claim, prepare to answer several questions about your involvement in the accident. If the insurance adjuster asks you to give a recorded statement, do not do this until you have spoken to a Philadelphia car accident lawyer, as the adjuster could be searching for information you do not have to disclose.
Once you have filed your claim, you can make your demand for a settlement. Negotiations will take place and if the insurance company does not offer fair compensation, you may have to file a lawsuit. If you cannot settle before trial and your case moves to a Pennsylvania court, a judge or jury will decide fault and award damages.
While your claim is in progress, your life goes on, and you may soon run into problems such as getting your car repaired or replaced and paying your medical bills. Your own car insurance may be able to help with car repair/replacement or provide a rental car in the interim, depending on your policy. Additionally, your Medical Benefits or health insurance can help cover your medical costs until you resolve your case.
Meanwhile, the Philadelphia auto accident attorneys are your other champions in the fight for a fair settlement. Once you start working with a Pennsylvania car accident attorney, they will take over by handling evidence gathering, corresponding with the insurance company, and negotiating a settlement or representing you in court.
To schedule an initial consultation or to discuss the circumstances of your auto accident, contact a Philadelphia auto accident lawyer at Earp Cohn P.C. to determine if you have a claim. The sooner you set up a consultation, the sooner you can get the answers and help you need to win your car accident settlement.