According to statistics by the National Highway Traffic Safety Administration, approximately 30,000
people die in car accidents each year. A serious car accident can happen unexpectedly and turn your world upside down. Vehicle accidents often cause debilitating and painful injuries for which you need expensive medical treatment. You may be unable to return to work or be limited in the work duties that you can perform. The last thing you want to do after an accident is deal with insurance companies and confusing paperwork. Attorney Wieand has experience with almost every conceivable type of vehicular accidents and can give you the advice possible and help you win your case.
Experienced Car Accident Attorney Brent Wieand Can Help!
If you are a victim of a car accident you can count on trial attorney, Brent Wieand, to competently handle your claim and get fair compensation for your injuries. Brent is proud to serve all of Chester County, Pennsylvania including Coatesville, Downingtown, Kennett Square, Malvern, Phoenxville and West Chester. He regularly represents clients who have suffered devastating injuries through no fault of their own as a result of car, truck and motorcycle accidents. Brent understands how hard it is to get your life back on track after a serious accident. That’s why he fights so hard for you.
Brent has been selected as a Super Lawyers “Rising Star,” and honor limited to less than 3 percent of Pennsylvania attorneys, for three consecutive years. He knows how to win tough cases and won’t back down from big insurance companies that don’t pay claims. If you have questions about what to do after a car accident and would like a free legal consultation, call attorney Brent Wieand at 1 (215) 666-7777.
What is the difference between Limited Tort and Full Tort?
Pennsylvania law limits the amount of time you have to file a claim for injuries. Generally, the statute of limitations for personal injury lawsuits in Pennsylvania is two years from the date of accident. However, there are some exceptions. If you are injured in a car accident, don’t wait to consult with an experienced lawyer who can investigate your claim and file a lawsuit to protect your rights.
In Pennsylvania residents have the option to choose limited tort or full tort. The tort option you choose may make a difference as to whether you can recover compensation for pain and suffering after a vehicle accident.
If you select “Full Tort” insurance you can seek compensation for pain and suffering as well as you economic damages. It costs slightly more than limited tort however it is one of the ways to protect yourself and immediate family members that reside with you in the event of an auto accident.
“Limited Tort” insurance is less expensive than full tort; however, it limits your right to sue for pain and suffering after an accident. Pennsylvania motorists often choose the limited tort option to save money on car insurance premiums. Unfortunately, selecting limited tort can seriously limit your ability to recover an award or sentiment if you are injured in an auto accident.
If you are bound by limited tort, you cannot recover compensation for pain and suffering unless you breach the limited tort threshold. To breach the threshold a claimant must have suffered a serious impairment of a bodily function, permanent serious disfigurement or death. Although selecting limited tort may save you a few bucks on premiums, it may cost you far more if you are injured and cannot get the compensation you need.
Exceptions to Limited Tort
In addition, there are exceptions to limited tort. If you meet these exception you retain your full right to sue regardless of whether you suffered a “serious injury.” The exceptions include if the person at fault:
- is convicted of drunk or stoned driving, or accepts Accelerated Rehabilitative Disposition (ARD)
- was operating an out of state vehicle
- was trying to injure or kill themselves or others
- was an uninsured motorists
- the injured person is an occupant of a private passenger motor vehicle (such as a bus, motorcycle, taxi or tractor trailer) or
- the claim is against persons in the business of designing, manufacturing, maintaining or repairing motor vehicle (if your claim is for a defective vehicle);
What if I was Injured in a Hit and Run Accident?
Hit and run accidents are despicable and often tragic, heartbreaking incidents. In the event you are injured in a hit and run accident, you may be able to make a claim for needed medical benefits or compensation for pain and suffering through your own insurance or the Pennsylvania Assigned Claims Plan.
Uninsured Motorist (UM) Coverage
In Pennsylvania, automobile insurance companies must offer for sale Uninsured Motorist (UM) Coverage. UM coverage will protect you, or immediate family members residing in your household, in the event you are injured by a hit and run driver. However, an insured is not required to purchase UM coverage, and UM coverage is often waived for lower premiums. Attorney, Brent Wieand, recommends that all Pennsylvania motorist elect UM/UIM coverage benefits of at least $100,000/$300,000 to protect themselves from uninsured, under-insured or hit-and-run drivers.
If an insured chooses to waive UM benefits they must do so in writing. If an insurance company cannot produce a signed waiver, the insured is deemed to have elected UM insurance equal to the amount of bodily injury liability coverage. UM coverage will also protect you in the event that you are injured by an uninsured motorist.
The Pennsylvania Assigned Claims Plan
The Pennsylvania Assigned Claims Plan may provide an avenue for recovery if you are injured by a hit and run driver. The Assigned Claims Plan is a program that provides up to $15,000 of benefits to victims of vehicle accidents that meet certain complex criteria. This includes $5,000 for medical treatment and up to $10,000 in additional damages. In order to qualify, a claimant must prove that they do not own a car and are not covered by a policy of insurance which would cover the accident. If you are injured in a hit-and-run accident and don’t have insurance, call an experienced personal injury lawyer who can help determine if you are eligible for benefits under the Assigned Claims Plan.
Injured in a Chester County Car Accident? Call Brent Today.
Car accident lawyer, Brent Wieand, is located in Philadelphia and represents injury victims throughout Pennsylvania and New Jersey. For a free, no obligation consultation call Brent at 1 (215) 666-7777 or submit a description of your claim through the online contact form.