A car crash can be life-changing. While the damage to your vehicle can be an annoyance, nothing is worse than living with serious injuries. Emotional trauma may also weigh on you and your family. On top of these challenges, going it alone against a massive insurance company will make things even worse. In fact, the insurance company adjusters are trained to seize this opportunity when you’re distracted and injured to pay you less (and increase its profits). Our Pennsylvania car accident lawyers can help.
Ostroff Godshall Injury and Accident Lawyers has obtained million-dollar recoveries for families across Pennsylvania for over 30 years. In fact, Jon Ostroff is one of the few lawyers in America who has helped more than 30,000 Pennsylvania accident victims over the past 30 years. In one recent case, our firm obtained a settlement of over $7.5 million for family members who were injured in a rural highway crash that occurred in central Pennsylvania.
Car accidents are the most common cause of personal injuries in Pennsylvania by far. However, these collisions also make for some of the most complicated personal injury claims. Whether you want to maximize the compensation you can get through the insurance company for the at-fault driver or from your own insurance policy, you need help from a skilled personal injury lawyer. Our firm will provide crucial guidance during settlement negotiations with insurance companies and legal proceedings.
“No Fault” Insurance in Pennsylvania
“No fault” insurance is the law in Pennsylvania. The term “no fault” refers to the application of benefits from the injured victim’s policy in a Pennsylvania car crash.
“No fault” insurance coverage simply means that regardless of which party is at fault for a crash, certain benefits, such as medical and wage loss coverage, will be covered by the injured party’s insurance policy. If you, or a family member that resides with you, were injured in a car crash, benefits that you purchased on your insurance policy will be the source of payment that covers you and your family members. If you use up the benefits you purchased, then you can pursue the balance of these losses from the at fault driver’s insurance policy.
For example, if you purchased a medical benefit of $5,000 on your auto insurance policy and you were injured in a car accident caused by another party, your insurance company will still be required to pay your medical benefits up to $5,000. If your medical bills exceed $5,000, the at fault party (and their insurance) will be responsible for the balance of your medical bills over $5,000.
Your insurance company cannot raise your insurance premium if you were not at fault for a crash.
Your Pennsylvania car wreck lawyer must make sure that both your insurance company and the other party’s company pay the benefits that they are responsible for. Your attorney should also make sure that your insurance premiums do not go up if you weren’t at fault for your crash.
Limited and Full Tort Insurance
According to 75 Pennsylvania Statutes §1705, insurance companies must offer—and inform that they offer—two types of motor vehicle insurance: “limited tort” and “full tort” coverage.
Limited Tort Coverage
“Limited tort” coverage can prevent an injured party from receiving compensation for pain and suffering, even if they were not at fault for a crash. There are numerous important exceptions to this limitation for pain and suffering. If one of these exceptions applies to your crash, then limited tort will not apply and you can receive full compensation from the at-fault party.
Limited tort will not limit your right to be fully compensated for your pain and suffering if one of these exceptions applies to your accident:
The at-fault vehicle was not registered in Pennsylvania
You sustained a “serious injury” under PA law, which requires you to have suffered a “serious impairment to a significant bodily function”
Your insurance company did not provide you with proper notice, or obtain the necessary paperwork, required under Pennsylvania law related to your options with both limited and full tort
Seeking Recovery for Clients with Limited Tort
Limited tort became part of Pennsylvania law in 1990. Jon Ostroff, the founder of Ostroff Godshall Injury and Accident Lawyers, has been obtaining substantial recoveries for limited tort accident victims since it became the law. Jon and his team of lawyers are known across PA for obtaining great results for limited tort clients. In fact, even after other auto accident lawyers turn away cases due to limited tort, Ostroff Godshall Injury and Accident Lawyers has accepted these cases and obtained astounding results.
After Tom B. from Coatesville, PA was turned away by another personal injury law firm that didn’t believe they could obtain a recovery due to limited tort, Jon obtained a $1,950,000 recovery for Tom. In another case against Progressive Insurance Company, Jon obtained a $1.3 million award for Richard D. from Honesdale, PA. Rich suffered a severe ankle injury after a drunk driver struck his vehicle. MADD referred the victim to Ostroff Godshall Injury and Accident Lawyers. Progressive Insurance’s maximum settlement offer to Rich prior to his arbitration proceeding was $350,000.
Thirty years of winning major verdicts and settlements in limited tort cases from Philly to Pittsburgh speaks for itself. This is why so many of the largest law firms in Pennsylvania refer their limited tort clients to Ostroff Godshall Injury and Accident Lawyers. Law firms and insurance companies across PA know that we will give limited tort clients their best chance of obtaining a substantial recovery for their pain and suffering.
Full Tort Coverage
“Full tort” coverage allows recovery for both economic and non-economic damages from a car wreck. Whether a claimant is considered full tort by choosing this option on their insurance policy, or the application of a limited tort exception listed above, they will be entitled to a full recovery.
30 Days to Settle Program at Ostroff Godshall Injury and Accident Lawyers
When a person sustains serious injuries in an accident, the insurance company involved will try to take advantage of the situation. Insurers did not become multi-billion companies by fairly and easily paying benefits. The less they pay, the more they profit. These companies know most people are unfamiliar with their legal rights. They also assume victims do not know the value of their injury claim. Unfortunately, adjusters persuade many victims to settle for far less than what their claim is worth.
When someone is injured in a car collision, the insurance company uses tactics to try to delay or avoid paying them. However, insurers pay almost triple when a lawyer represents the victim. Adjusters know that the local attorneys at Ostroff Godshall Injury and Accident Lawyers will NOT settle a vehicle collision claim for less than it is worth. Our 30 Days to Settle program helps clients get full compensation. When it is time to settle a claim for our client, we give the insurer 30 days to pay you, or we sue.
Filing Deadlines for Civil Litigation
After a car accident, injured parties only have a limited time to file a lawsuit. Under 42 Pennsylvania Consolidated Statutes § 5524, the deadline for most claims is two years from the date of the accident or the date the accident victim first discovered their injuries. In light of this deadline, seeking help from a determined lawyer in Pennsylvania is especially important in car crash cases. An attorney can help file a timely claim.
Benefits of Hiring Ostroff Godshall Injury and Accident Lawyers
A severe car crash will change your life forever. Before medical bills pile up or the insurance company calls, it is best to contact a qualified law firm. Hiring a reputable auto wreck attorney will send the insurance company a message that the injured party is serious about recovery. Here are the benefits of calling Ostroff Godshall Injury and Accident Lawyers:
Results. Our lawyers have a track record of multi-million-dollar recoveries on behalf of seriously injured PA auto accident victims.
For his legal work, Jon has been honored by the U.S. Supreme Court, Forbes Magazine, Trial Lawyers Care, and others. He has appeared on CNN and news stations and newspapers regularly.
Reputation. When Ostroff Godshall Injury and Accident Lawyers enters its appearance on behalf of a client, the insurance company knows they are facing a tough, no-nonsense law firm that will fight like hell for its clients. They also know if they won’t make a strong settlement offer, Ostroff Godshall Injury and Accident Lawyers won’t hesitate to go to trial and do what it takes to win big. When Jon Ostroff shows up to speak before an audience of lawyers on various motor vehicle crash topics, lawyers show up to listen and learn.
The largest law firms in PA refer injured auto crash clients to Ostroff Godshall Injury and Accident Lawyers across PA. Since the 1990s, MADD of PA has recommended Jon Ostroff Godshall Injury and Accident Lawyers as the law firm to call for those injured in a drunk driving crash. Clients of Ostroff Godshall Injury and Accident Lawyers routinely refer injured friends and family to Ostroff Godshall Injury and Accident Lawyers.
What to Do After a Car Accident in Pennsylvania
The first few days after a crash can shape your whole claim. If you are able, take these steps:
Get medical care right away. Some injuries, like concussions and back injuries, don’t show up for hours or days. A visit to the ER, urgent care or your own doctor also creates a record that links your injuries to the crash.
Call the police. Pennsylvania law requires you to report a crash when someone is hurt or killed, or when a vehicle has to be towed. Ask for the incident number so you can get a copy of the police report later.
Take photos and get names. Photograph the vehicles, the scene, road conditions and your injuries. Get the other driver’s name, insurance and plate number, and contact information for any witnesses.
Tell your own insurance company. Your policy requires prompt notice, and your own policy pays your first medical bills in Pennsylvania.
Be careful with the other driver’s insurance company. You don’t have to give them a recorded statement, and you shouldn’t sign anything or accept a quick offer before you know the full extent of your injuries.
Keep track of everything. Save medical bills, receipts, pay stubs and notes on how your injuries affect your daily life.
Talk to a lawyer early. Evidence like vehicle data, surveillance video and phone records can disappear quickly.
Who Can Be Held Responsible for a Car Crash?
Most claims are against the driver who caused the crash. But other people and companies may share the blame, and finding all of them can make a big difference when the at-fault driver has low insurance limits. Depending on the facts, a claim may involve:
The at-fault driver, for speeding, distracted driving, running a light or other careless driving
You may still have a case. Pennsylvania follows a modified comparative negligence rule under 42 Pa.C.S. § 7102. As long as you were not more at fault than the other side, you can recover damages, but your award is reduced by your share of the fault. For example, if your damages are $100,000 and you were 20% at fault, you could recover $80,000. If you were found more than 50% at fault, you could not recover from the other driver.
Insurance adjusters often try to shift some of the blame onto the injured person to lower what they pay. A careful investigation of the crash is the best answer to that tactic.
Common Car Accident Injuries
Car crashes can cause injuries ranging from sprains to life-changing harm. We regularly help people with:
The value of a car accident claim depends on the injuries, the insurance available and how the crash happened. Compensation may include:
Medical bills, past and future, including surgery, therapy and medication
Lost wages and lost future earning ability if you can’t return to the same work
Pain and suffering, emotional distress and loss of enjoyment of life (subject to the limited tort rules explained above)
Scarring and disfigurement
Property damage to your vehicle
Funeral costs and loss of support for families in a fatal crash
Every case is different, and past results don’t guarantee a similar outcome. The best way to understand what your claim may be worth is to talk with a lawyer about your specific situation.
Car Accident Help Across Pennsylvania
Our lawyers handle car accident cases across the state and can meet you at one of our offices, at your home or in the hospital. Learn more about car accident claims in your area:
How long do I have to file a car accident lawsuit in Pennsylvania?
In most cases, two years from the date of the crash. If a city, county, state agency or other government body may be responsible, you generally must give written notice of the claim within six months. Missing these deadlines can end your case, so it’s important to act quickly.
Who pays my medical bills after a crash in PA?
Your own car insurance pays first, no matter who caused the crash. Every Pennsylvania policy must include at least $5,000 in medical benefits, and many people carry more. Once those benefits run out, other health insurance and the at-fault driver’s insurance may cover the rest.
I have limited tort. Do I still have a case?
Often, yes. You can always recover medical bills and lost wages, and you can recover pain and suffering if your injury is serious or one of the exceptions listed above applies. Don’t assume you have no case because of limited tort. Read more about limited tort claims.
Should I talk to the other driver’s insurance company?
You can give them basic information, but you don’t have to give a recorded statement. Adjusters work for the insurance company, and what you say can be used to reduce your claim. It’s a good idea to talk with a lawyer first.
What if the driver who hit me left the scene?
Call the police right away and report the hit-and-run. If the driver is never found, your own uninsured motorist coverage may pay for your injuries.
How much does it cost to hire a car accident lawyer?
Nothing up front. We handle car accident cases on a contingency fee, which means you pay no attorney fee unless we recover money for you. We’ll explain the fee and how case costs are handled before you sign anything.
How long does a car accident case take?
It depends on your injuries and how the insurance company responds. Many claims settle without a lawsuit once treatment is finished. Cases that go to court take longer. Our 30 Days to Settle program is designed to keep the insurance company from dragging its feet.
Learn More by Talking to a Pennsylvania Car Accident Attorney
No matter the situation, it is difficult to reach a positive outcome in a car accident case alone. Insurance adjusters and defense attorneys know all the tricks to minimize liability for the parties they represent. Hiring a knowledgeable and renowned personal injury law firm is the only way to level the playing field and get the settlement or verdict that is due.
Our firm cares about our clients. We are dedicated to getting injured car accident victims the money they are due. If you or a loved one was injured, call Ostroff Godshall Injury and Accident Lawyers for a free consult with a Pennsylvania car accident lawyer.
We can arrange a meeting at one of our offices or at a location of your choosing, such as your home, work, or hospital. Our team is ready to speak with you 24 hours a day, seven days a week. When you call, we’ll listen to your story and explain what our firm can do for you.
