Car Accident FAQ

Pennsylvania Car Accident FAQ

Question: What do I do if I have an accident?

Answer:

If you are involved in an accident in which another person is injured where there is damage to vehicle or other property (such as a mailbox), you are required to stop, call the police, give information and render any appropriate assistance. There are criminal penalties, including fines and even imprisonment, if you fail to stop at the scene of an accident in which you are involved.

Your first duty is to provide assistance to anyone injured in the accident.

You are required to notify the police department and give them your name, address, automobile registration and, if appropriate, your insurance information and driver's license.

If the police do not come to the scene of the accident, you still have to notify the police department closest to the accident as soon as possible.

Question: If I am injured in a motor vehicle accident who pays my medical bills?

Answer:

This is a question we are frequently asked, and the first place you look is not exactly where you would think. While this is not meant to be a definitive answer for all circumstances, here are the basic general rules.

Under Pennsylvania Law, every policy of motor vehicle insurance today is required to have a minimum of $5,000 of first-party medical benefits. That is the minimum and you can purchase more. The first question, then, is whether you were eligible for those medical benefits under a policy of motor vehicle insurance. While they are exceptions and exclusions, generally you will be eligible to claim those medical benefits if:

(2) You are what is called a "Named Insured" on a motor vehicle insurance policy; or

(2) You reside in the household of a named insured and are covered under that person's policy; or

(3) You are the occupant of an insured vehicle.

So, you start by determining if you are eligible for first party medical benefits. If so, you should submit the bills for your medical treatment to your own motor vehicle insurance carrier. You do not submit them to the other person's insurance carrier even if that person was at fault for the accident, and you do not submit them (initially) to your own health insurance carrier (unless you are not covered by a motor vehicle insurance policy).

You should be aware, though, that if you own a motor vehicle which is uninsured you are ineligible from receiving these medical benefits. Similarly, if you were an operator or occupant of a motorcycle or certain other vehicles you are also ineligible.

Depending upon the extent of your injuries and the medical bills for your treatment, it is possible that you may use up or "exhaust" your first party medical benefits. If and when you do, your bills would then be submitted to your private health insurance carrier.

In between these basic general rules are many specialized rules, exceptions and pitfalls. The attorneys at Hamburg, Rubin, Mullin, Maxwell & Lupin are familiar with these intricacies, and, in fact, teach them routinely to other attorneys in continuing legal education courses. When in doubt, call and put our expertise to work for you.

Question: What insurance coverage do I have to have?

Answer:

The required coverages fall into two areas. The first are what are called "first party benefits", and the other is liability coverage.

(a) First Party Benefits:

You have to have a minimum of $5,000 of medical coverage, but can purchase more. In fact, you can buy up to $1,000,000 of coverage.

You are not required to have income loss benefits; that is an optional coverage. Most plans will provide 80% of gross income lost after the first five days missed up to the purchased amount of coverage.

Another area of coverage that is not required, but is optional, would be funeral benefits and accident death benefits.

(b) Liability Coverage:

Under Pennsylvania Law you must purchase coverage of at least $15,000 for injuries you may cause to any one person and $30,000 for injuries that you may cause in one single accident to more than one person. Again, you can purchase more coverage.

You are also required to purchase at least $5,000 of liability coverage for damage you may do to the property of others. They would include such things as other vehicles, telephone poles, mailboxes, road signs and the like. Again, you can purchase higher amounts of coverage

Question: Who is covered by insurance?

Answer:

Your insurance policy will cover YOU as the policyholder or named insured. In addition, it will cover most passengers riding in your car and anyone driving the car with your permission. If you own a motor vehicle, but do not have it covered by an insurance policy, you are then not permitted by law to bring an action for your damages. This is true even if you own the vehicle but it does not have license plates on it and it is up on blocks in your garage.

If you do not own a car or are not covered by any policy of insurance, but are involved in a motor vehicle accident, you will be covered by one of the vehicles involved or by something known as the "Assigned Claims Plan."

Question: Does making a claim increase my premium?

Answer:

An insurer cannot increase your rates solely because you (or one of the other people who are covered under your policy) make a claim unless it is determined that you or the insured was at fault.

Consider what a unique perspective might do for you. Contact HRMM&L to set up an appointment.

Question: How can I save money on my motor vehicle insurance?

Answer:

Here we recommend that you start by exploring what discount programs your individual insurance company offers. Some insurance companies offer discounts for drivers who have passed driver education courses or for students who do well in school. Discounts are also available for older individuals, who have taken special retraining courses. You can get discounts for having multiple cars on one policy. There are discounts available for passive restraint systems, including airbags and also for anti-theft devices, such as car alarms. Good driving records can also save you money.

Choosing limited tort versus full tort coverage will also permit you to save some money, although you should be very careful and evaluate whether this cost savings is worth the rights that you have to give up if you select limited tort.

Increasing your coverage on your deductible or your collision coverage and/or your comprehensive coverage can also lower your premiums.