Should I Get Lawyer For Car Accident – Anytime you’ve been involved in a car accident in Pennsylvania, it can be difficult to know how to respond. If you believe you are at fault for the collision, it is important to know how to handle the incident. The wrong response after a collision that you think can lead to additional problems and additional costs. Consulting with a car accident attorney before talking to the other party’s insurance company and the company can help limit the amount of damages you would otherwise have to pay in the event of a claim against you by the other driver.
When the police arrive at the scene of the accident, they conduct a preliminary investigation to determine which driver was at fault and file charges if they determine that the driver caused the collision. However, the decision of the police officer is not final. The insurance companies involved may later intervene and conduct investigations to determine their fault.
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But Pennsylvania is the undisputed state when it comes to car accidents. Motorists can choose to purchase no-fault or limited liability coverage or purchase full liability coverage.
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If both drivers involved in the accident have limited liability insurance, they will file a claim with their respective insurance companies for medical bills and lost wages. However, under the limited tort defense, they cannot recover damages for their non-economic losses.
As long as the damages are limited, it doesn’t matter if you were responsible for the accident. Both you and the other driver will file a claim with your insurance company for your out-of-pocket expenses. However, there are exceptions to the general rule that prevent policyholders from suing in car accidents if they have limited tort coverage. If the victim is seriously injured, he or she may opt out of the limited tort defense and file a claim for damages against the at-fault driver.
Another option people can make when purchasing car insurance in Pennsylvania is comprehensive coverage. This type of insurance is slightly more expensive than limited liability insurance, but most experts recommend opting for the cheaper version. Full tort coverage allows accident victims to file a lawsuit against the at-fault party for compensation for all of their damages, including non-economic injuries, following a collision. It allows accident victims to recover compensation up to the policy limit where the loss has occurred. In the case of total liability insurance, establishing fault is important to determine whether you can receive compensation for the damages you have suffered.
Pennsylvania follows the comparative negligence rule as modified under 42 Pa.C.S § 7102. Under this rule, each person who contributed to a car accident is responsible for a percentage of their fault. However, a car accident victim can only claim compensation if his percentage of fault is equal to or less than the other driver’s percentage of fault. For example, if you choose to be 51% liable, you cannot claim compensation.
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Even if you were at fault for the accident, but less responsible than the other driver, you can claim compensation. For example, if you are found to be 20% at fault, you are not precluded from claiming compensation in a lawsuit against the other driver. However, your gross judgment is reduced by 20%. For example, if the jury awarded you $100,000 in this situation, your net verdict would be reduced to $80,000.
If you are involved in a collision and believe you caused it, remember that the fault for the collision is not with the involved party or the police. Instead, insurance companies investigate the incident and determine fault by considering witness statements and other evidence.
If both you and the other driver have limited tort coverage, you will both file a claim with your insurance company regardless of fault. However, if one of you is seriously injured, the limited tort basis of the claim may be avoided, allowing the claim to proceed.
Here are some steps to follow if you believe you are at fault for a car accident Even if you don’t feel guilty, you should still follow these steps to protect yourself.
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Do not leave the scene of a car accident. Doing so can make the situation worse than it otherwise would be. Leaving the scene of an accident in Pennsylvania is a felony and can result in jail time and heavy fines. Instead, you must stay on site and exchange information with other drivers, including your name, contact details, driver’s license details and insurance details. Make sure you get the same information from the other driver.
If someone is injured in your accident, call 911 immediately to report the accident and contact the police. While you wait, check for injuries and administer first aid to the injured until help arrives. If no one is injured, exchange your details with the other driver. You must still report your car accident to the state by using Form AA600 and filing it with the Pennsylvania Department of Transportation (PennDOT).
When the police reach the accident spot, they will investigate the spot and prepare an accident report. Ask the clerk how you can obtain a copy of this report. Once you’re done, request a copy from the appropriate law enforcement agency.
While you’re waiting for the police, don’t say anything you might regret later. Avoid the urge to apologize for the accident, even if you think you caused it. Don’t admit your fault or take the blame. Don’t talk about what you did right before the accident or ask the other driver questions about whether they did something wrong.
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When you talk to the police, stay informed. Don’t admit mistakes, don’t blame or apologize. Just tell the officer what you remember right before, during, and after the accident. If you’re asked if you’re hurt, don’t say you’re not. You may have concussions with delayed symptoms. Instead, you can tell the officer that you want to be examined by a doctor for injuries.
Use your smartphone camera to take pictures of the accident scene. Take pictures of the damage to each vehicle involved and how they behaved after the accident. Record other details that may be important, including skid marks, accident debris, road debris, weather conditions, road conditions, nearby traffic lights, stop signs, intersections, and other details.
Take more photos than you need. Photos taken at the scene of the accident can help determine liability and provide strong evidence to support your accident claim. Photos taken immediately after a car accident can help preserve important details that may be lost while cleaning up the scene.
After any car accident, it is important to see a doctor and request a medical exam. Even if you think you are not injured, you may have an injury with delayed symptoms.
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The human body naturally releases adrenaline in car accidents, a hormone involved in the natural fight-or-flight response to danger. This adrenaline rush can mask pain signals and make you unaware that you are injured.
Seeking medical help soon after an accident can help you determine if you have hidden injuries and get the treatment you need quickly. First aid can help you recover faster, and it can also be important evidence that your injuries were caused by your car accident and nothing else. Medical documentation of your injuries is important to recovering your damages, whether you file a claim with your insurance company or file a claim against the other driver.
Whether you have limited tort coverage or full tort coverage, most insurance companies include clauses in their policies that require the people they insure to report any accidents they are involved in. Be sure to check your policy to see how quickly you can do this. Do report it. Most companies will allow you to create a preliminary report online and contact you once they receive it.
Even if you think the car accident was your fault, something happened that you are not aware of that contributed to the collision. For example, another driver may have texted you right before your accident and didn’t respond in time to avoid a collision. There may also be a faulty part that has failed and crashed.
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Even if you receive a ticket from the suspect, the police officer’s opinion is not a final determination of guilt. Instead, your attorney and insurance company will investigate the incident to make an independent determination of fault.
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