The Legal Eagle Association (T.M.)
DISCLAIMER
Remember, only you can decide what is best given your situation. All site information,
articles, forms, documents and shared statements are presented for educational purposes only. Information on this
site has not been reviewed by legal counsel and may not fit your specific situation. Due to the intense personal
nature of any legal issue, it is suggested
that you consult with appropriate legal counsel to ensure your issues are resolved to your satisfaction. The Legal Eagle
Association is a voluntary association of a few non-professional caring people. Any information posted on this site is
not presented to replace any medical or legal professional's advice or treatment. We believe you need professional
help, representation and treatment, like you need to inhale oxygen. We, at the USWebPal home site, and other site
supporters know that being alone and in pain is regrettable. We also understand how being in such a state
makes it even more difficult to make it through the medical establishment and/or the legal system without experiencing
costly mistakes. We do invite you to join in by sharing experience. Remember, only you can decide on what is best
for you. On this site we are sharing collected information of what some have done, and/or what the writer would do
in a given situation. The value of the information shared may or may not be effected by the passage of time, differing
situations or jurisdictions, or by the ever changing and evolving practice of the law or medicine, or other matters referenced
or reported on this site. We are not intending to advise you, or advise any one on what they should or should
not do. Good luck and remember only you can decide on what is best for you.
Special Note: This statement has been posted to inform, and not to advise. It is based on Pennsylvania law which may or may not be current at the time that the
reader is accessing this information. The below statements are general, and individual facts in a given case may alter their application or involve other laws not
referred to. Below is the name and address where you may obtain current professional advice.
Your first duty is to render assistance to anyone injured in the accident, if you are able. You must
then notify the nearest police station. You are required to give your name, address, automible registration
number, and insurance or financial responsibility information to other drivers involved in the accident.
If the police do not investigate at the scene of the accident, you must notify the police department
closest to the accident as soon as possible.
What Is The Motor Vehicle Responsibility Insurance Law?
The Motor Vehicle Financial Responsibility Insurance Law, effective July 1, 1990, provides basic minimum protection
for accident victims. Two types of insurance coverage can be purchased, which are known as limited tort option and
full tort option. Those who select the limited tort option, or those individuals who are bound by someone else's
selection of limited tort, may not bring an action for non-economic damages, or "pain and suffering," unless they have
suffered a "serious injury." A serious injury is defined by law as a personal injury resulting in death, permanent and
serious disfigurement, or serious impairment of bodily function.
Those who select the full tort option may bring an action for pain and suffering and all types of injuries.
All motor vehicle owners must prove they have "financial responsibility" to be able to register their vehicles. Financial
responsibility means that you, the owner, are able to pay for damages caused by you or another driver of your car. You
can show financial responsibility by buying insurance or by certifying to the Pennsylvania Department of
Transportation that you can pay for up to $15,000 for injuries to one person in one accident, $30,000 for injuries to
more than one person in one accident, and for $5,000 in damages to someone else's property.
As insurance is the only practical way for most vehicle owners to meet these requirements, this pamphlet focuses on
insurance policies.
Who Is Covered By Insurance?
Your insurance policy will cover you, the policyholder, all members of your family residing at home, most passengers
riding in your car, anyone driving the car with the owner's permission, pedestrians, bicyclists and others not required to
buy insurance. This coverage extends to motor vehicle accidents anywhere in the United States or Canada.
If you own a motor vehicle but do not purchase insurance, you are not allowed by law to bring an action for damages.
If you do not own a car or are not covered by a policy of insurance, but are involved in a motor vehicle accident, you
will be covered by one of the vehicles involved or by the Assigned Claims Plan. The Plan is maintained and funded by
the insurance industry. It will pay medical benefits of up to $5,000, less any payments from workers' compensation or
an accident and health insurance policy, but will not pay for income loss or an accidental death benefit.
What Coverage Am I Required To Purchase?
A. Required First-Party Benefits
Generally, you must purchase a minimum of $5,000 medical coverage. Higher levels of medical coverage are available
as an option, as are coverages for income loss, accidental death, and funeral expenses. These are called "first party"
cover- ages because any benefits due you and/or anyone covered by your policy will be paid by your own insurance
company, no matter who caused the accident.
(2) Income-Loss Benefit -This is an optional coverage. Most plans will provide 80 percent of gross income lost after
the first five days of work missed.
(3) Funeral Benefit and Accidental Death Benefit -While not required, the law provides that you may purchase up to
$25,000 in accidental death benefit coverage and up to $2,500 in funeral benefits. If you already have adequate life
insurance, you probably won't need this coverage.
(2) Property Damage Liability Insurance -You must purchase at least $5,000 coverage for property of others that you
damage if you are at fault in causing the accident. Such property could include other motor vehicles, telephone poles,
trees or buildings. You may purchase more coverage.
Collision insurance will pay for damage to your car caused by a collision with another vehicle or object.
Comprehensive physical damage insurance pays if your car is stolen or dam- aged by such things as fire, flood, falling
objects, earthquake, explosion, hail, windstorm, water, or vandalism.
How Can I Save Money On Insurance?
Collision and comprehensive insurance are usually sold with deductibles. A deductible is the amount of each loss you
payout of your pocket. A high deductible lowers the cost of the coverage.
Many insurance companies offer discounts for drivers who have passed approved driver education courses, students
who do well in school, people who insure more than one car on the same policy, and drivers who participate in car
pools. There are also discounts for passive restraint systems, such as airbags and automatic seat belts, and for anti-theft
devices such as car alarms.
Choosing limited tort will cost less than full tort coverage, although you give up some of your rights to make claims.
Increasing your deductible on collision and/or comprehensive coverage will also lower your premium. If you have an
older car of relatively low value, you may want to eliminate collision coverage.
Will My Insurances Be Increased If A Claim Is Made Against My Insurance Company?
An insurer cannot increase your premium rates solely because you or one of the insureds under your policy made a
claim under the policy and was paid unless it is determined that you or the insured was at fault in contributing to the
accident.
Can I Sue The Other Driver?
If you have chosen limited tort, you may only bring an action for serious injuries. If you have chosen full tort, you may
bring an action for any and all injuries.
How Can I Recover Or Damage To My Car?
If your car is damaged in an accident, you are entitled to recover from someone else only if that person was responsible
for the accident.
If your car is slightly damaged, you may wish to recover through your own collision insurance. If the damage is less
than $8,000, you can file suit through a district justice. This procedure is explained in another pamphlet in this series
entitled, "Bringing Suit Before a District Justice."
If the damage to your car is more than $8,000, suit must be filed in Common Pleas Court. You will probably need an
attorney to represent you.
When Should I Contact An Attorney?
2.1f you wish to file a to action against the at-fault party;
3.1f there is a problem in obtaining health insurance benefits from your injuries;
4.1f you were at fault in the accident and there is a possibility that the other party will file suit against you; and/or
5. To recover money for property damage.
If you would like to consult a lawyer but are unsure of how to find one, call the Pennsylvania Bar Association Lawyer
Referral Service toll-free at 1-800-692-7375 (in PA) or 717-238-6715. Many counties have this same service at the
local level. Look in your yellow pages under "attorneys" for more details.
Who Pays The Attorney Fees And Costs?
No attorney fees for representing a claimant in connection with a claim for first-party benefits can be charged on a con
tingent fee basis. Attorney fees cannot be deducted from the benefits due to a claimant. An attorney may charge a
claimant a reasonable fee based on the actual time expended. If an insurer is found to have acted with no reasonable
foundation in refusing to pay the benefits when due, the insurer must pay, in addition to the benefits owed with interest,
reasonable attorney fees based on actual time expended.
If an attorney represents you on a third-party claim, he or she may charge you a contingent fee. A contingent fee
provides for a percent of the gross recovery to be allocated to attorneys fees. The attorney may also charge the claimant
costs in addition to the contingent fees.
Special Note: This pamphlet has been issued to inform and not to advise. It is based on Pennsylvania law. The
statements are general, and individual facts in a given case may alter their application or involve other laws not
referred to here.
If you are involved in an accident in which a person is injured or there is damage to the vehicles or
other property, you must stop, call the police, and give information and assistance. There are criminal
penalties, including fines and imprisonment, if you do not stop at the scene of an accident in which you are
involved.
(1) Medical Benefit -You must purchase at least $5,000 coverage to pay for any medical and rehabilitation expenses
resulting from an auto accident. If you want to buy more than the minimum $5,000 coverage, you may buy up to $1
million coverage.
B. Required Liability Coverage
(1) Bodily Injury Liability Coverage -This coverage will pay for the expenses of a person you kill or injure in an auto
accident if you are legally at fault in causing the accident. Under the law, you must purchase coverage of at least
$15,000 for injuries you may cause to anyone person and $30,000 for injuries to more than one person in a single
accident. You may purchase more coverage.
What Other Coverages Are Optional ?
1.1f you are injured in an accident;
How Can I Locate A Lawyer?
