Understanding Accident Procedures and Other FAQs
Accident Procedures
If you are involved in an accident in which a person is injured or there is damage to the vehicles or other property, you must stop, call the police and give information and assistance. There are criminal penalties, including fines and imprisonment, if you do not stop at the scene of an accident in which you are involved.
Your first duty is to render assistance to anyone injured in the accident, if you are able. You must then notify the nearest police station. You are required to give your name, address, automobile registration number and upon request, show your insurance or financial responsibility information and your driver's license.
If the police do not investigate at the scene of the accident, you must notify the police department closest to the accident as soon as possible.
Do the following as soon as possible:
- Seek medical treatment as needed. Advise your doctors you were in an accident.
- As soon as possible, obtain all information about the other driver, including name, address, phone number, driver's license number, car tag number, insurance company name and policy number.
- Obtain all witnesses' name, addresses, and phone numbers.
- Obtain police officers name and station.
- Write down details of the accident.
- Take pictures of injuries, the vehicles, and accident scene.
- Retain an attorney.
Accident FAQs
Answers for Car, Motorcycle, and Truck Injuries
The Motor Vehicle Financial Responsibility Insurance Law, effective July 1, 1990, provides basic minimum protection for accident victims. Two types of insurance coverage can be purchased, which are known as limited tort option and full tort option. Those who are covered by the limited tort option may not bring an action for non-economic damages, or "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.
Those who select the full tort option may bring an action for pain and suffering for all damages.
Motorcycle owners are covered by full tort and do not have to make a tort selection.
All motor vehicle owners must prove they have "financial responsibility" to be able to register their vehicles. Financial responsibility means that you, the owner, are able to pay for damages caused by you or another driver of your car. You can show financial responsibility by buying insurance or by certifying to the Pennsylvania Department of Transportation that you can pay for up to $15,000.00 for injuries to one person in one accident, $30,000.00 for injuries to more than one person in one accident, and for $5,000.00 in damages to someone else's property. Insurance is the only practical way for most vehicle owners to meet these requirements.
Your insurance policy will cover you, the policyholder, all members of your family residing at home, most passengers riding in your car, anyone driving the car with the owner's permission, pedestrians, bicyclists and others not required to buy insurance. This coverage extends to motor vehicle accidents anywhere in the United States or Canada.
If you own a motor vehicle but do not purchase insurance, you are not allowed by law to bring an action for damages.
If you do not own a car or are not covered by a policy of insurance, but are involved in a motor vehicle accident, you will be covered by one of the vehicles involved or by the Assigned Claims Plan. The Plan is maintained and funded by the insurance industry. It will pay medical benefits of up to $5,000.00, less any payments from workers' compensation or an accident and health insurance policy, but will not pay for income loss or accidental death benefit.
A. FIRST-PARTY BENEFITS
Generally, you may purchase a minimum of $5,000.00 medical coverage. Higher levels of medical coverage are available as an option, as are coverage for income loss, accidental death, and funeral expenses. These are called 'first party' coverage because any benefits due you and/or anyone covered by your policy will be paid by your own insurance company, no matter who caused the accident.
(1) Medical Benefit - You may purchase at least $5,000.00 coverage to pay for any medical and rehabilitation expenses resulting from an auto accident.
(2) Income Loss Benefit - This is an option coverage. Most plans will provide 80 percent of gross income lost after the first five days of work missed.
(3) Funeral Benefit and Accidental Death Benefit - While not required, the law provides that you may purchase up to $25,000.00 in accidental death benefit coverage and up to $2,500.00 in funeral benefits. If you already have adequate life insurance, you probably won't need this coverage.
B. LIABILITY COVERAGE
(1) Bodily Injury Liability Coverage - This coverage will pay for the expenses of a person you kill or injure in an auto accident if you are legally at fault in causing the accident.
Under the law, you must purchase coverage of at least $15,000.00 for injuries you may cause to any one person and $30,000.00 for injuries to more than one person in a single accident. You may purchase more coverage.
(2) Property Damage Liability Insurance - You must purchase at least $5,000.00 coverage for property of others that you damage if you are at fault in causing the accident. Such property could include other motor vehicles, telephone poles, trees or building. You may purchase more coverage.
Collision insurance will pay for damage to your motorcycle caused by a collision with another vehicle or object. Comprehensive by a collision with another vehicle or object. Comprehensive physical damage insurance pays if your car is stolen or damaged by such tings as fire, flood, falling objects, earthquake, explosion, hail, windstorm, water or vandalism.
Collision and comprehensive insurance are usually sold with deductibles. A deductible is the amount of each loss you pay out of your pocket. A high deductible lowers the cost of the coverage.
Two other important optional coverage available for your own protection are uninsured motorist coverage which will pay you in the event that you are hit by an uninsured driver, and underinsured motorist coverage, which can pay you money if the at-fault driver has inadequate insurance coverage.
An insurance company cannot increase your premium rates solely because you or one of the insured under your policy made a claim and was paid unless it is determined that you or the insured was at fault.
You may only bring an action for serious injuries. If you have chosen full tort, you may bring an action for any and all injuries.
If your motorcycle is damaged in an accident, you are entitled to receive money from the person who was responsible for the accident.
If your motorcycle is slightly damaged, you may wish to recover through your own collision insurance. If the damage is less than $12,000.00, you can file suit through a district justice. Do not file for property damage only if you were also injured.
If the damage to your car is more than $12,000.00, you must file suit in Common Pleas Court. You will probably need an attorney to represent you.
If you were responsible for the accident, contact your own insurance agent.
No attorney fees for representing a claimant in connection with a claim for first-party benefits can be charged on a contingent fee basis. Attorney fees cannot be deducted from the benefits due to a claimant. An attorney may charge a claimant a reasonable fee based on the actual time expended. If an insurer is found to have acted with no reasonable foundation for refusing to pay the benefits when due, the insurer may have to pay, in addition to the benefits owed with interest, reasonable attorney fees based on actual time expended.
If an attorney represents you on a third-party claim, he or she may charge you a contingent fee. A contingent fee provides for a percent of the gross recovery to go to attorney fees. Attorneys also charge the claimant costs in addition to the contingent fee.
No attorney fees for representing a claimant in connection with a claim for first-party benefits can be charged on a contingent fee basis. Attorney fees cannot be deducted from the benefits due to a claimant. An attorney may charge a claimant a reasonable fee based on the actual time expended. If an insurer is found to have acted with no reasonable foundation for refusing to pay the benefits when due, the insurer must pay, in addition to the benefits owed with interest, reasonable attorney fees based on actual time expended.
If an attorney represents you on a third-party claim, he or she may charge you a contingent fee. A contingent fee provides for a percent of the gross recovery to go to attorney fees. Attorneys also charge the claimant costs in addition to the contingent fee
Worker's Compensation Benefits
The law provides several types of workers' compensation benefits:
Wage-loss benefits are available if it is determined that you are totally disabled and unable to work or partially disabled and receiving wages less than your pre-injury earnings. Please see the "Total and Partial Disability Benefits Status" section for further information as to disability status.
If the injury results in death, surviving dependents may be entitled to benefits.
If you have lost the permanent use of all or part of your thumb, finger, hand, arm, leg, foot, toe, sight, hearing, or have a serious and permanent disfigurement on your head, face or neck, you may be entitled to a specific loss award.
In the event of a work-related illness or injury, you are entitled, if covered under the Act, to the payment of related reasonable surgical and medical services rendered by a physician or other health care provider.
Medicine, supplies, hospital treatment and services, orthopedic appliances and prostheses are also covered for as long as they are needed. Even if you have lost no time from work, health care costs for a work-related injury or illness are payable at the fee schedule rate. However, an employee may not be charged the difference between the health care provider's charge and the amount paid by the employer or its insurance carrier. In other words, there can be no "balance billing" to you.
Please be warned that, if you seek medical treatment outside the Commonwealth of Pennsylvania, you may be subject to the risk of balance billing by the medical provider. You should discuss this with your medical provider prior to initiating treatment.