It is essential for those who have been injured in a car accident or other incident in Pennsylvania to be aware that the state operates under the principle of no-fault. All parties must use their own insurance policies to pursue compensation, regardless of who caused the accident.
A third party claim after a car accident in Pennsylvania is one that you submit to the at-fault driver's insurance provider following the accident. In a first party claim, you would seek compensation from your own insurance.
It is crucial to understand when to file a third party claim, in addition to the procedure and the type of evidence that is necessary. Continue reading for more information on third-party auto accident claims in Pennsylvania.
We strongly advise all parties involved in a car accident to contact a Pennsylvania car accident attorney without delay. By retaining the services of an attorney, such as Brandon J. Broderick, Attorney at Law, you may maximize the value of your claim for compensation related to a car accident. Seeking the counsel of an attorney is preferable to attempting to navigate the legal process on your own.
What is The Procedure for Filing a Pennsylvania Third Party Liability Claim After a Car Accident?
In the event that you intend to file a claim against a third party that was involved in a car accident, you must contact their insurance company immediately following the incident. However, it is advised that you do so with the assistance of a PA car accident attorney. You may want to consider providing the insurer with a written notice as a follow-up. Notify the insurance provider that one of its policyholders was involved in the accident, and provide the adjuster with a summary of what happened.
The insurance provider may agree that the policyholder holds responsibility. However, this is rarely the case, at least in the early stages. The company is going to independently investigate the accident in order to determine who was at fault.
Throughout the claims process, communication with the insurer may be minimal. Whether this is the case will depend on its level of complexity. It is critical to keep in mind that the insurer's objective will be to provide a settlement that is best for the company, which may include a reduced payment. As a result, it may be challenging to negotiate a resolution with the insurance provider. However, maintaining a convincing argument against their policyholder will help you win your case.
After an accident, there are particular circumstances in which you should exercise caution when communicating with the opposing party's insurance company. The first is that without first consulting an attorney, you should never agree to providing a written or recorded statement regarding the accident. An adjuster's perceived compassion for your predicament may actually be detrimental to your case. They may manipulate your statements to your disadvantage in an effort to reduce the amount you are paid in settlement or outright deny your claim.
In addition, they might persuade you into accepting an early settlement offer that falls short of what is required to compensate for your losses. Acceptance of an early offer could be enticing. You generally forfeit the opportunity to file a lawsuit in the future by doing so. As a result, you may be required to pay additional accident-related expenses out of pocket months or years from now. These expenses may ultimately amount to a substantial amount.
Additionally, you should not approve a release of your medical records without first consulting an attorney. Insurance companies solely request medical information that is relevant to the accident. If you give an insurance company access to your entire medical file and they attribute your current injuries to past events, you run the risk of having your claim rejected by an adjuster.
If the claims process becomes complicated, if there is a dispute over who is at fault, or if your injuries are severe, you should consult an attorney. While it is generally possible to resolve minor third party disputes without legal assistance, there are specific situations in which doing so could be beneficial.
Following a Car Accident in PA, When Should I File a Third-Party Claim?
In Pennsylvania, when you purchase auto insurance, you have a choice between a limited tort and a full tort policy. By selecting a limited tort policy, you opt-in to the no-fault system in Pennsylvania. After a collision, drivers who purchase a full tort policy must act as if they are in a fault state after an accident.
A few significant distinctions exist between limited tort and full tort policies that can be helpful to understand if you have been in a car accident in Pennsylvania.
The two types of policies are:
Limited Tort (No-Fault) Policy
After an accident, drivers with limited tort insurance policies will likely be prohibited from filing a lawsuit. They may instead file a claim for reimbursement under their own insurance policy. While a successful limited tort policy claim may provide coverage for medical expenses and lost wages, it does not grant policyholders the ability to sue for damages such as pain and suffering.
For severe injuries, limited tort policyholders may file a lawsuit against the opposing party; however, providers frequently define serious injuries as involving death or disfigurement. Full tort policies typically provide coverage for non-economic losses, whereas limited tort policies typically do not.
Full Tort (Fault) Policy
By choosing a full tort insurance policy, motorists effectively opt out of Pennsylvania's no-fault system. Having fewer limitations than limited tort policyholders, they are likely to have the ability to sue the negligent motorist in court following a collision.
Pennsylvania possesses one of the most intricate no-fault legislation systems in the entire country. Seeking guidance from an attorney regarding your limited tort or full tort policy will allow you to obtain the answers you need. If you are determined to be eligible to pursue a lawsuit, an attorney may prepare your lawsuit and appear in court on your behalf.
An Attorney Can Help You File a Third Party Claim and Pursue Compensation From a Fault or No-Fault Policy After a Car Accident in Pennsylvania
Despite Pennsylvania being a no-fault state, there are still circumstances in which legal representation is necessary. A skilled attorney possesses the ability to aid limited tort policyholders in the process of settling with their insurance provider or aid full tort policyholders in initiating a lawsuit.
After an accident, pursuing compensation through your insurance policy is not as straightforward as you might assume. It will be required for you to build a claim, file it with your provider, and negotiate an appropriate settlement. This procedure is too complicated for the majority of accident victims, particularly those who have sustained severe injuries.
Fortunately, an attorney can handle every part of your claim. They will ensure that it is properly constructed and promptly submitted to your insurance company. Your attorney may negotiate a payment that compensates for all of your compensable losses if the insurance company denies your claim or offers insufficient compensation.
An attorney can assist you if you are a limited tort policyholder who has sustained serious injuries in a car accident or a full tort policyholder who must pursue legal action to recover compensation. Filing a lawsuit is a complex process requiring a number of different steps.
What Types of Evidence Can Support My Third Party Claim After a PA Car Accident?
Collect as much information and evidence as possible from the accident scene. This includes the other driver's name, contact information, insurance details, and the make and model of their vehicle. Eyewitness testimonials as well as a police report can be useful pieces of evidence in proving your case and demonstrating fault or negligence. Also, take photos of the accident scene, the vehicles involved, and any visible injuries.
If you received medical treatment for injuries sustained in the accident, keep detailed records of all medical visits, treatments, and expenses. These documents are essential for getting compensation for medical expenses.
What is The Deadline to File a Claim in PA After a Car Accident?
Pennsylvania applies the same statute of limitations to car accident lawsuits as it does to the more comprehensive set of personal injury cases, which is two years. However, when does the "clock" of the statute of limitations start to tick? The crucial date in a case involving personal injury is the accident date. Nevertheless, in the event that a fatality ensues from the car accident and an agent of the deceased wishes to initiate wrongful death litigation against the negligent driver, the "clock" commences ticking on the date of the victim's demise, potentially diverging from the date of the collision.
Despite having full confidence in the potential resolution of your case via an auto insurance settlement, it is prudent to allocate an adequate amount of time to initiate legal proceedings. When the opposing party is aware of the fact that you possess the ability to bring the case to court, you will wield considerable influence in settlement negotiations. If the filing deadline is quickly approaching, you may wish to schedule a consultation with a Pennsylvania car accident attorney immediately.
Pennsylvania Attorney Brandon J. Broderick is Ready and Available to Assist You With Your PA Third Party Claim Today
One may experience anxiety regarding the future following a distressing incident, such as a car accident. Due to the financial strain from missed work and medical expenses, an accident can cause emotional distress in addition to physical discomfort. The car accident attorneys in Pennsylvania at Brandon J. Broderick, Attorney at Law, are able to help ease your worries.
We are committed to delivering exceptional legal representation that is essential to securing a favorable settlement in the event of a car accident. This is why we are regarded as one of the leading car accident law firms in Pennsylvania.
You can be confident that we will employ all available resources in order to achieve a favorable resolution for you. Our firm possesses substantial expertise in advocating for clients who have suffered injuries in automobile accidents, having assisted tens of thousands of individuals who have been in your position.
We have many office locations in Pennsylvania, including Allentown, Bethlehem, Easton, Erie, Harrisburg, Lancaster, Leola, Philadelphia, Pittsburgh, and Reading. Our personal injury attorneys are always available and ready to assist you and your family. Contact us today for a free consultation. We look forward to working with you and helping you.