The head of the Pennsylvania State Troopers Association on Monday (Dec. 28) stated Pennsylvania is in the midst of “a crisis like we’ve never seen before,” per the Pittsburgh Tribune-Review. The 2008-9 Budget for the Commonwealth does not include funding for a new class of State Police Cadets. The concern by the State Troopers Association is that without new Troopers, the ranks will be seriously in trouble when other Troopers elect to retire. If there are car accidents or crimes, will the State Police have the personnel to keep up?

State Police Agencies have been assisted by the Obama Stimulus Money. However, they are not immune to cuts in their Budget.

Will Pennsylvania be able to adequately replace retiring Troopers? That is the pressing question.

“If no cadet class graduates next year, and another wave of retirements takes place in 2010, there likely would be fewer troopers at the end of Gov. Ed Rendell's two terms in office than there were when he became governor in 2003,” quotes the Tribune-Review (citing a Troopers Association lobbyist). Rendell has offered to initiate a $10 surcharge on traffic violations to assist in State Police funding.

David Schreiber
Mayerson Schreiber McDevitt, PC
www.mayerson.com
610-948-4800

serving: Spring City, Douglassville, Birdsboro, Phoenixville, Royersford, Limerick, Boyerstown, Gilbertsville, Pottstown areas

Man Charged with Vehicular Homicide for Elverson DUI Crash

An Elverson man has been charged with vehicular homicide by the DA related to a Sept. 6 crash that killed two people. He recently waived his preliminary hearing, which is a common tactic by lawyers who defend such individuals when they believe the District Judge is clearly going to find a prima facie case to turn it over to Common Pleas Court.

The Defendant through his lawyer pleaded not guilty to charges of vehicular homicide while under the influence and related charges.

He allegedly jumped over a guard rail and fell 36 feet in an attempt to flee. The crash killed a Norristown married couple.

Police claim the Defendant was under the influence of marijuana when he drove the wrong way on 202 North Exit Ramp at Frazer and hit a Suzuki Sidekick.

Victims' family were present at the Preliminary Hearing and obviously grieving.

The police report indicates officers responded at 1:57 a.m. and stopped the Defendant, who was running on the southbound side of Route 202. He had blood on his face and body. At 4:12 a.m., the West Whiteland Township Police Department detectives spoke with the Defendant at the hospital. He apparently claimed not to remember the incident and claimed to have last remembered leaving his apartment in Frazer and driving toward Elverson.

Blood and urine samples were obtained at the hospital.

If you would like more information about your rights when hit by a drunk driver in Chester, Montgomery or Berks County, feel free to contact us. We have extensive experience in handling civil cases for victims of drunk drivers.

David Schreiber
Mayerson Schreiber McDevitt, PC
www.mayerson.com

Changes to Pennsylvana Right to Know Law?

One big question sparking the debate is whether Taxpayers should bear the cost, or part of the cost, for public information requests under the "Right to Know Law".
Should the Commonwealth be able to cancel a request it believes to be a practical impossibility?

According to the Associated Press, Through the first 10 months of the year, right-to-know requests to state agencies under the governor in Pennsylvania cost PA taxpayers $136,000 over and above the copying fees collected.

The law could be amended as early as the spring, according to its prime sponsor, Senate Majority Leader Dominic Pileggi, R-Delaware, as told to the Associated Press.

Another issue to likely be considered in this law is whether there should be disclosure of government employees' home addresses. The current law only prohibits disclosure of addresses of law enforcement officers, judges and juveniles.

If you would like more information about Personal Injury Law or Legal News in our area, feel free to contact us.

David Schreiber
Mayerson Schreiber McDevvitt, PC
610-948-4800
www.mayerson.com

Mass. State Senator Blames Failed Breathalyzer Test On Toothpaste

A Massachussets State Senator now has another legal issue. He failed Breathalyzer tests. He was already on house arrest. He blamed the test results on his use of toothpaste.

He previously pled guilty to a hit and run car crash.

The State Senator claims the breath test results are due to his use of Colgate Total Whitening and Sensodyne toothpaste, which contains the sugar alcohol sorbitol.

He pleaded guilty to a hit-and-run that happened in October 2009 in Cambridge that left a father and his 13-year-old son injured.

He has previous drunk driving offenses. He received probation for two years but was being allowed to attend formal Senate sessions.

At Mayerson Schreiber McDevitt, P.C. we are experienced in handling civil cases for victims of drunk driving and the bars that serve visibly intoxicated persons.

If you have any questions, feel free to contact us.

David E. Schreiber
610-948-4800
www.mayerson.com

serving: Pottstown, Boyertown, Phoenixville, Gilbertsville, Spring City, Royersford, Limerick, Birdsboro, Douglassville

Man arrested for DUI while operating a La-Z-boy

DUI laws are necessary to deter and punish people from operating motor vehicles while drunk. But, it doesn't have to be a car or truck. Recently, a
Minnesota man was arrested for DUI while--get this--operating a custom, motorized La-Z-boy chair. The blood test came back at a whopping 0.29 BAC. The chair was 'blinged-out' with stereo, cup holders, steering wheel and power antenna. It also had a National Hot Rod Association sticker on the headrest.

The operator crashed it into another vehicle near the bar he had recently left.

The chair was subsequently sold at auction for over $10,000.

Courtroom Yawn results in man getting 6 Months In Jail

Will County, Illinois

This is according to a Chicago Tribune story.

Clifton Williams recently, was in the courtroom of Circuit Judge Daniel Rozak. The judge didn't take kindly to Williams' yawning during a sentencing for Williams' cousin. He found Williams guilty of criminal contempt of court.

Some courtroom spectators were in agreement that Williams' yawn was no simple, involuntary action, but rather was timed and exaggerated so as to disrupt the sentencing proceeding, however briefly.

Williams will actually be facing more jail time than his cousin the drug defendant, who got two years' probation for his offense. Williams received six months in jail, which, according to the Tribune story, is the max he could receive without actually going to jury trial. He's expected to serve at least three weeks.

Some are now asking whether Judge Rozak may have overreacted. A judge with a reputation for running a strict courtroom, Rozak appears to hand out a large share of contempt orders -- four out of the five brought in Will County this year. (There are 30 judges in the county).

David Schreiber
610-948-4800
www.mayerson.com
Mayerson Schreiber McDevitt, P.C.

Ben Mayerson, Esq., Shareholder At Mayerson Schreiber McDevitt, P.C. To Argue Important Case Before Pennsylvania Supreme Court

The law firm of Mayerson, Schreiber & McDevitt, PC, will argue before the Pennsylvania Supreme Court on Wednesday, December 2, 2009. The issue is important to all Pennsylvania lawyers and is backed by the Pennsylvania Bar Association and the Philadelphia Bar Association, which both filed amicus briefs in support of Mayerson’s Petition.

The issue is also important to all Pennsylvania citizens because it is at the crux of your right to access the appellate judicial system whenever it is believed that a trial judge made a substantial mistake the impacted the outcome of a trial. Specifically, Pennsylvania Rule of Appellate Procedure 1925(b) operates as a final hurdle for all appellants to reach the higher courts. (An appellant is any person or company attempting to access the appellate courts to get a new trial when a trial judge made a mistake). Rule 1925(b) requires the appellant to file and serve the trial judge with a Concise Statement of Errors advising the trial judge of the specific errors made by the trial judge that are being raised on appeal to the Superior Court.

The Rule is currently being applied such that it is insufficient to file the Concise Statement of Errors with the trial court, as is done with every other pleading. In this one instance, the legal document called a Concise Statement of Errors must also be served upon the trial judge himself much like a Civil Action Complaint would be served upon a defendant in a lawsuit.

In this case, the appellants attempted to serve the trial judge in his chambers but the court staff refused to identify the location of the trial judge’s chambers and instead, promised to deliver the document to the trial judge within ten minutes because the trial judge was waiting for it and because the trial judge wanted the original.

After being properly filed at the court house, the original Concise Statement of Errors was thereafter delivered to the trial judge by the court’s staff exactly as promised. Nevertheless, the trial judge determined that he had not been properly served by the appellant (the appellant being the person that is claiming the trial judge made mistakes in the case), and thus all appellate issues were waived for failing to comply with Appellate Rule 1925(b). In other words, it did not matter to the trial judge that he actually received the Concise Statement of Errors because the trial judge believed he should be served by the appellant.

A three member panel of The Superior Court agreed with the trial judge and determined that all of the appellate issues had been waived for failing to provide the trial judge with personal service of the Concise Statement of Errors. Mayerson, Schreiber & McDevitt, PC, petitioned the Supreme Court to decide the issue. The Supreme Court accepts less than 5% of all petitions submitted per year, but decided the issue submitted by the Mayerson firm was of substantial importance to our system of justice. Thereafter, the Pennsylvania Bar Association and the Philadelphia Bar Association agreed, and filed an amicus brief in support of Mayerson’s petition.

The Pennsylvania Bar Association and the Philadelphia Bar Association are non-profit, independent, voluntary organizations, representing over 29,000 lawyer members and both organizations work to promote justice, respect for the rule of law, professional excellence, and betterment of the legal profession. In order to advance jurisprudence and to promote the administration of justice, both associations will file amicus briefs in cases raising issues of vital concern to the Commonwealth’s lawyers. This issue was of particular interest to the Associations and their members because they are concerned about the application of Appellate Rule 1925(b) and the rationale supporting waiver of appellate rights based upon technical issues that do not impede meaningful appellate review. The Associations have a strong interest in ensuring the balance between court efficiency and consistency and the preservation of appellate review on the merits.

The case is being heard by the Supreme Court on Wednesday, December 2, 2009, in Harrisburg Pennsylvania. It will be argued by the appellants’ attorney, Ben Mayerson.

Stats on Drunk Driving per State

Alcohol-Impaired Drivers Involved in Fatal Crashes, by Gender & State, 2007-2008
This Research Note emphasizes recent trends in the number of alcohol-impaired drivers involved in fatal crashes, by the gender of the driver as well as the State where the fatal crash occurred.

http://www.nhtsa.dot.gov/portal/site/nhtsa/menuitem.6a6eaf83cf719ad24ec86e10dba046a0/


David E. Schreiber

www.mayerson.com
610-948-4800

How to Keep Email Free from Virus Attachments

How to Keep Email Free from Virus Attachments


Email keeps us in touch with friends, family, and colleagues. Yet, caution is necessary when emails contain attachments. Attachments come from friends and strangers. Nonetheless, users can choose to keep their computers free from malicious email attachments in a variety of ways.

1. Allow free email accounts to scan attachments for viruses. Free email accounts such as Yahoo, Hotmail, AOL, and Google Mail automatically scan email attachments for viruses or offer alternative means of opening attachments, before the attachment downloads to the computer.

2. Scan emails with an antivirus software. Antivirus software features an option to scan email attachments proactively, before or after attachments download to the computer.

3. Upload or email attachments to a web-based virus scanner. Web-based virus scanners allow users to upload attachments to a server, which scans the attachment for viruses and malware. Optionally, the user can forward attachment to a specified email address, which will then scan the virus from multiple antivirus programs. A report will indicate whether the attachment contains a virus.

Receiving email attachments through email is a normal part of checking emails, but caution is necessary. Scanning email attachments is a preventive method of detecting viruses, phishing, malware, and spyware. Routinely scanning documents and running a current version of antivirus software will effectively reduce chances of file attachments infecting the computer.

Tips and Warnings

n Do not open email attachments from unknown senders. These attachments could contain viruses, Trojans, or malware.

n Save email attachments before opening them directly from email. Malicious attachments cannot do any harm until opened. Scan the attachment with the antivirus software installed on the computer, or use a web-based virus scanner to examine the attachment for viruses.

- Keep an up-to-date antivirus program installed on the computer. There are many paid and free antivirus software and internet security options available.

- Free web-based attachment scanner - http://www.virustotal.com/

- Free antivirus and malware software - http://www.avast.com/

- Free antivirus and malware software - http://free.avg.com/us-en/homepage

- Free antivirus, Trojan, and spyware remover- http://housecall.trendmicro.com/


David Schreiber
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
800-524-7300

Serving: Pottstown, Boyertown, Phoenixville, Spring City, Limerick, Gilbertsville, Phoenixville, Douglassville, Birdsboro, Collegeville, Royersford areas

Man arrested for DUI after calling police because his marijuana was stolen

Calvin Hoover, 21, of Salem, Oregon called 911 to say that his marijuana was missing.
According to the local paper, the Statesman Journal, he called 911 to report that while he was in a bar, someone broke into his truck, stole $400 cash, a jacket and about 3/4 oz. of marijuana, valued at about $180.

Police went to the bar but Hoover was not there.

An hour later, Hoover called again to complain but this time angry that the police had not arrived.

Authorities said the dispatcher had trouble understanding the caller because he was driving and stopping several times to vomit.

Police eventually found Hoover's truck parked on the street. He was 100 feet from his truck, walking in the street. He told authorities that he was looking for the people who stole his "weed."

Police took a theft report and arrested him on charges of driving under the influence. They explained to Hoover that if he did not have a medical marijuana card and was found in possession of marijuana, he would have been charged with possession of a controlled substance. (Medical marijuana is legal in Oregon, with a valid permit). It's not clear whether he had any such permit, but DUI IS illegal.

All over the country reports are coming in that Medical Malpractice lawsuits are down tremendously, despite the insurance lobby propaganda. In Pennsylvania, for example, medical malpractice lawsuits are down 38% since 2002 and in Philadelphia by 52%. Furthermore, two of the largest insurance carriers in the state for that kind of coverage are decreasing their rates and since 2002, 57 new carriers are offering policies to doctors.

It's a shame that the misinformation about this continues and no one really knows the truth about personal injury or medical malpractice litigation unless they unfortunately have to go through it. It is not a jackpot or lottery system and most insurance defense lawyers will tell you that not only are the great majority of jury verdicts in favor of doctors but both the number of lawsuits and the actual dollar amount of verdicts are down substantially.

If you would like more information, please contact us.

David Schreiber
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
610-948-4800
800-524-7300

Serving: Pottstown, Boyertown, Spring City, Gilbertsville, Douglassville, Phoenixville, Birdsboro, Limerick, Royersford

Insurance Company Tactics Add to Americans' Financial Hardships

Washington, DC—Insurers are increasingly using tough tactics against cash-strapped consumers to boost profits, according to a new report that investigates claims data, policies, and news accounts.
The report details tactics that target policyholders, insurance companies that are engaging in these practices, and what consumers can do to prevent abuses and fight back.

The current economic turmoil, which is greatly affecting the insurance sector, will likely spark insurers to use these tactics to maximize their bottom lines.

“Insurance companies are preying on cash-strapped consumers with tough tactics to increase profits,” said American Association for Justice CEO Jon Haber. “The current challenges facing American families are only compounded when their insurance company plays hardball in their greatest time of need.”

The tactics insurance companies use against consumers include:

Denying Claims: Some of the nation’s biggest insurance companies – Allstate, AIG, and State Farm among others – have systematically denied valid claims in an attempt to boost their bottom lines. These companies have rewarded employees who successfully denied claims, replaced employees who would not, and when all else failed, engaged in outright fraud to avoid paying claims.

Delaying until Death: Many insurance companies routinely delay claims, even going as far as to lock paperwork in safes, knowing full well that many policyholders will simply give up. In the words of one regulator, “the bottom line is that insurance companies make money when they don’t pay claims… They’ll do anything to avoid paying, because if they wait long enough, they know the policyholders will die.”

Confusing Consumers: Insurance contracts are some of the densest and incomprehensible contracts a consumer is ever likely to see. More than half of all states have enacted “plain English” laws for consumer contracts, yet many Americans still do not fully understand the risks they are subject to.

Discriminating By Credit Score: Insurance companies are increasingly using credit reports to dictate the premiums you pay, or whether you can even get insurance in the first place. The practice penalizes senior citizens with little credit, those who responsibly pay bills every month with cash or check, or those who have suffered financial crisis through no fault of their own.

Abandoning the Sick: Health insurers looking to cut costs have taken to retroactively canceling, or rescinding, the policies of people whose conditions have become expensive to treat. Some insurance companies have even offered bonuses to employees who meet “cancellation goals” – cancer patients in the middle of chemotherapy have even been targeted.

Canceling for a Call: Many people are rightly reluctant to make small claims on their home insurance for fear their insurance company will raise their premiums. But few realize that insurance companies often refuse to renew a policy just for making a phone call. Often an insurance company will count an inquiry over the phone as the same as a claim, and then they will do everything in their power to drop you.

(This source of this article is www.justice.org).

For more information, feel free to contact us.

David E. Schreiber
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
Since 1963
Serving: Pottstown, Phoenixville, Royersford, Limerick, Boyertown, Spring City, Gilbertsville, Birdsboro

What the insurance company knows that you don't

The insurance company gets to work immediately to try reduce the amount they will have to pay you for your injury. While you are in pain and dealing with the injury their negligent driver caused, they have adjusters that are busy preserving the evidence that will help them. For example, they will get witness statements.

The insurance company knows that the odds are that they will pay you much less if you do not have a lawyer. (Statistics kept by the insurance industry indicate that they pay 2 to 3 times MORE if you have a lawyer). Worse, they will delay paying you because the longer they hold the money, the more they can get in interest on the money they haven't paid you.

At Mayerson Schreiber McDevitt, P.C., we specialize in injury law. Our results, see them listed at www.mayerson.com, show we know how to overcome the insurance company's tactics to get you the most fair result-- what the insurance company doesn't want to have to pay. Our reputation in the community is excellent. For five decades we have fought to get our clients what they deserve from the insurance company.

David E. Schreiber
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
610-948-4800
Since 1963

Serving Pottstown, Boyertown, Spring City, Birdsboro, Phoenixville, Gilbertsville, Royersford, Limerick

Most common mistakes when trying to settle your injury case with the insurance company

- Giving the insurance company too much information

- Not getting the right medical treatment

- Not promptly gathering the critical or necessary information

- Failing to collect from all available sources

- Settling your case too soon

David Schreiber
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
610-948-4800
Serving: Pottstown, Boyertown, Spring City, Limerick, Phoenixville, Birdsboro, Gilbertsville, Douglassville

Local Lawyers National Reputation

For 46 years, we have fought to make the Pottstown, Phoenixville, Limerick, Royersford, Birdsboro area communities safer for you. We have volunteered our time for local charities.

We have consulted on cases in many other states, but we are committed locally.

Why drive 40 or 50 miles each way in traffic and waste money on gas and parking to see the 'big city' lawyer? The Specialists at Mayerson Schreiber McDevitt, P.C. are right down the street.

Mayerson Schreiber McDevitt, P.C.
Since 1963.
Determined. Poised. Prepared.
610-948-4800.

The Insurance Company won't settle my case, what do I do?

You have been in a car accident. Or, someone else or some company has injured you.

You need to know that you have options and have some leverage. Do not provide a recorded statement to the other person's insurance company without having a lawyer. Do not sign any paperwork the other person's insurance company sends you without a lawyer reviewing it for you.

The other person's/company's insurance company are specialists in dealing with this. It is probably the first time you've ever had to go through something like being hurt in a car accident. The insurance company is in business to make a profit. They do this by paying as little as they can get away with on any claim. Unfortunately, you are then at a huge disadvantage because you don't know what they know.

Our firm has been in business 46 years specializing in injury law. Most of our business is from recommendations by clients we have represented. We treat people with respect, pay attention to their case, and do everything possible to get you the best result.

David E. Schreiber
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
610-948-4800

serving: Pottstown, Spring City, Boyertown, Royersford, Phoenixville, Birdsboro, Gilbertsville, Douglassville, Limerick areas.

Health Insurance Reform

AAJ Outlines Solutions for Real Health Care Reform

Washington, DC—Continuing to push back against the rhetoric and mistruths in the health care debate, the American Association for Justice (AAJ) today outlined three pillars of its efforts to educate lawmakers and the public on real solutions for reform.
“Over the last month, there has been a great deal of empty rhetoric, mistruths and outright lies about health care reform,” said AAJ President Anthony Tarricone. “Limiting the legal rights of patients will do nothing to cover the uninsured or lower health care costs. Patients’ rights are not bargaining chips.”

In a conference call with reporters, Tarricone outlined three pillars to AAJ’s efforts:

(1) Our country is in desperate need of health care reform, and we must pass a bill that lowers costs and covers the uninsured. It is clear our health care system is in crisis. We fully support the efforts underway to fix health care and bring health and economic security to millions of Americans. Trial attorneys are small businesses as well. We struggle every day to provide health insurance to our own employees. Reforming health care is in everyone’s best interest.

(2) The health care bill must reduce medical errors. According to the Institute of Medicine, 98,000 people die every year from preventable medical errors – and this number doesn’t include those seriously injured. This is the sixth leading cause of death in America, equivalent to two 737s crashing every day. Trial attorneys see first-hand the effects medical errors have on patients and their families. The best way to have fewer medical malpractice cases is to reduce the number of medical errors. If less people need to seek legal recourse, that means patients are getting safer. Patients that are safer also means lower costs to the health care system. Everyone can support this.

(3) The health care bill cannot limit the legal rights of injured patients. Patients’ rights cannot be used as bargaining chips or compromised. This is why decreasing medical errors is a critical pillar of our efforts, as it will not only decrease the amount of malpractice, but more importantly, keep patients safer.

Last week, AAJ formally released an analysis of scholarly research showing that arguments about medical malpractice and health care costs have been thoroughly debunked by new data. The analysis highlights how new proposals to promote patient safety will have more cost savings than expensive, bureaucratic experiments like health courts. In addition, recent data shows the number of physicians is at an all-time high; rejecting anecdotes that the civil justice system has driven doctors out of business.

The analysis also demonstrates how reducing preventable medical errors is a direct way to improve the current health care system. According to the Institute of Medicine, preventable medical errors kill as many as 98,000 people every year, the nation’s sixth leading cause of death.

David Schreiber
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
610-948-4800

Serving Pottstown, Spring City, Royersford, Limerick, Gilbertsville, Boyertown, Phoenixville, Birdsboro, Douglassville, Bechtelsville

Should I sign a medical authorization?

If you are in a car accident and it is another driver's fault, their insurance company will contact you. They will likely ask you for a recorded statement. It is in your best interest not to provide a recorded statement to the other insurance company. They are not on your side, they are looking for information to use against you. Their job is to save their company money and try to pay as little as possible on a claim. The "at-fault" insurance company may also ask you to provide them with a medical authorization. It is in your best interest not to do so. You want to be in control of your own medical records. You can obtain your records yourself and provide those to the other insurance company. Your own insurance company is usually permitted to, under your insurance contract, to obtain a medical authorization from you. Your company typically needs the medical records when processing the medical bills. In Pennsylvania, it's called "No-Fault" for medical. That is, regardless of whose fault it is, your medical bills (up to the limits of your medical coverage) are paid by your own insurance company.

It is recommended that you hire a lawyer who specializes in personal injury claims and car accidents. Our firm has been specializing in these areas of law since 1963. For more information, feel free to contact us. We do not charge any hourly fees for this type of work.

David E. Schreiber
Mayerson Schreiber McDevitt, P.C.
610-948-4800
www.mayerson.com

Serving Pottstown, Royersford, Limerick, Spring City, Douglassville, Phoenixville, Birdsboro, Gilbertsville, Boyerstown, Bechtelsville

Should I pursue a personal injury claim?

It depends on whether you have "damages". This means, how have you been affected? Do you have legitimate injuries and/or economic losses? How long have you had to treat with doctors? Have you lost time from work or school? As an experience firm specializing in personal injury law, we can help you answer this. There is no cost to meet with us. We have been in practice helping people for 46 years.

David Schreiber
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
610-948-4800
800-524-7300

Serving Pottstown, Spring City, Royersford, Limerick, Douglassville, Phoenixville, Gilbertsville, Boyerstown, Birdsboro areas

How to file a complaint against a licensed professional in Pennsylvania

The Department of State investigates complaints against someone who holds a professional license, such as an accountant, dentist, doctor, realtor, etc. If you believe that such a person has done something in their professional dealings with you that is unethical, immoral, below acceptable standards of the profession, or out of the scope of their profession.

http://www.dos.state.pa.us/bpoa/cwp/view.asp?a=1104&Q=432617

If you would like more information, feel free to contact us. This Complaint with the Department of State is not the same as a civil suit for damages.

David E. Schreiber
www.mayerson.com
Mayerson Schreiber McDevitt, PC

Serving: Pottstown, Spring City, Gilbertsville, Royersford, Limerick, Phoenixville, Birdsboro, Douglassville

Who is responsible for my medical bills if I exhaust the medical coverage available to me under my auto policy?

In Pennsylvania, the minimum of medical coverage required is $5,000. It is also commonly sold in $10,000, $25,000 or $100,000 depending on the carrier.

If your medical expense benefit is exhausted, which may be listed as "PIP" coverage on your policy, you are usually eligible to pass the additional medical costs on to your health insurance plan. However, depending on your type of coverage, your health insurance company may not cover all of your treatments, and may only pay a percentage of your bills.

If your injuries were caused by another driver, you may choose to file a lawsuit against the at-fault party to obtain compensation for your medical bills.

If you would like more information, please contact us.

David Schreiber
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
610-948-4800

Serving: Pottstown, Spring City, Royersford, Gilbertsville, Birdsboro, Phoenixville, Douglassville, Boyertown, Limerick and the local area

Local Lawyers National Reputation

Insurance Company makes low offer on my car

The insurance companies train their adjustors to settle claims for as little as they can. Especially the other person's insurer, if they are at fault, are at odds with you. Their interest to save the company money.

Time is on their side.

Also, the insurance company will typically use the "CCC" valuation to support what their offer is. That is put out by the insurance industry usually deflated valuations. The NADA partically is a value book you should consult. You can also supply prices of "like-kind" vehicles for sale to the insurance company.

There is also the issue of, even if repaired, your vehicle will have a "diminished value" because the damage will show up on a Carfax report. Thus, when you later go to try to sell it, it's value is less than if it had not been in a crash.

If you would like more information, please contact us. Our firm has successfully worked in this area for decades.

David E. Schreiber
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com

serving Pottstown, Royersford, Spring City, Douglassville, Birdsboro, Phoenixville, Limerick, Gilbertsville, Boyertown

Local Lawyers- National Reputation

How do I find Pennsylvania Court Rules?

http://ujsportal.pacourts.us/LocalRules/RuleSelection.aspx

This link will find county court rules in Pennsylvania.

If you have any questions, feel free to contact us.

David E. Schreiber
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
610-948-4800

serving: Pottstown, Spring City, Phoenixville, Birdsboro, Royersford, Limerick, Gilbertsville, Douglassville, Berks County, Chester County, Montgomery County

Should I take photographs of my car

If you are in a car accident, it is likely that the insurance company will take digital pictures of your car as part of the claim process.

But, you should absolutely take your own photos or have someone you know take them. You will have control of the photos and be ensured that adequate ones are taken. This is part of making sure you document your claim. It is also helpful to prove later how hard the impact was.

If you have any questions, feel free to contact us.

David E. Schreiber, Esq.
Mayerson Schreiber McDevitt, PC
www.mayerson.com

serving Pottstown, Royersford, Spring City, Limerick, Boyertown, Douglassville, Phoenixville, Birdsboro, Gilbertsville.

If I file a claim, will my premium go up?

Some people are afraid to file a claim because they fear their premium will go up or their insurance will be canceled. While it does vary a bit from company to company, in general, an insurer will increase your premium by specific percentages only for a chargeable claim. A chargeable claim is one that is your fault. So, if it is not your fault, a reputable carrier should not raise your rates. For example, if the at-fault driver either does not have liability insurance or does not have enough insurance to cover your damages, you are entitled to make an uninsured or underinsured motorist claim with your company. Your company should not raise your rates for making such a claim. It's part of what you've been paying premiums for all these years.
That should also hold true for other "first-party" benefits such as wage loss, property damage and medical when the other driver is at fault.

Ask your insurance company these questions. If you are not satisfied, shop for a different company.

If you would like more information, feel free to contact us.

David E. Schreiber
Mayerson Schreiber McDevitt, P.C.
610-948-4800
www.mayerson.com

Serving Pottstown, Spring City, Phoenixville, Royersford, Limerick, Gilbertsville, Douglassville, Chester County, Berks County, Montgomery County

Why are we using my insurance company if the accident was not my fault?

Under Pennsylvania Law, certain parts of the damages are covered under what is called "first-party" or "no-fault" coverage. For example, even if the other person is at fault, the medical bills are paid by your insurance company- that is part of what you paid your premiums for all this time. But, your auto insurer will only pay the medical bills up to the limit of your coverage. You should check your coverages or call your agent to find out. After that, your health insurance would pay but may likely be entitled to "subrogation" (see previous blog posts for explanation of subrogation).

Depending on the coverages you purchased, you may also be entitled to property damage coverage, wage loss coverage and other possible benefits.

If you would like more information, please contact us.

David E. Schreiber
Mayerson Schreiber McDevitt, P.C.
610-948-4800
www.mayerson.com

serving: Pottstown, Spring City, Phoenixville, Royersford, Limerick, Douglassville, Boyertown, Birdsboro, Gilbertsville, Chester County, Montgomery County, Berks County.

What is the difference between a limited tort and a full tort?
Under Pennsylvania law, you have the option of choosing a type of insurance that limits you and your family’s right to seek financial compensation for medical expenses and other damages caused by another negligent driver. This is called a limited tort. Under a limited tort, you and your family members can seek compensation for medical bills and out-of-pocket expenses only. In other words, by purchasing a limited tort, you are giving up your right to pursue compensation for pain and suffering.
A full tort, on the other hand, allows you to seek financial compensation for any pain and suffering you sustain in an accident if the other driver is at fault, regardless of whether you have a serious injury.

If you would like more information, please contact us.

David E. Schreiber
Mayerson Schreiber McDevitt, P.C.
610-948-4800
www.mayerson.com

Diminished Value

Diminished Value is the loss in value of your vehicle after it has been in an accident. If someone else is at fault, even if the insurance company pays for the car to be repaired, there is a "diminished value" loss. Specifically, the diminished value can either be due to inadequate/substandard repair work and/or the fact if there was structural damage to the vehicle, it now is worth less than market value.

If you would like more information, feel free to contact us.

David E. Schreiber
Mayerson Schreiber McDevitt, P.C.
(610) 948-4800; (800) 524-7300

What if a drunk driver was drinking at a bar- is the bar at fault for the car accident?

In Pennsylvania, you may also be eligible to file a claim against the party responsible for providing the defendant with alcohol. Known as Dram Shop Liability, the law allows the victim of the accident to file for compensation from the establishment that served the drunk driver. This would be an establishment, e.g. bar, restaurant, etc., with a liquor license if it can be shown that the defendant was visibly intoxicated when he or she was served, or the provider of the alcohol should have known that the party was intoxicated.

If the defendant is under 21 years of age, you can file a claim against the provider of the alcohol regardless of other circumstances.

If you would like more information, feel free to contact us.

David E. Schreiber, Esq.
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
610-948-4800

serving Pottstown, Royersford, Spring City, Limerick, Douglassville, Boyertown, Berks County, Montgomery County, Chester County

The American Medical Association and several other medical associations have filed a price-fixing lawsuit against leading health insurance provider WellPoint. The suit is one of a series of high-profile cases against insurance providers accusing them of artificially lowering payments to doctors, thereby overcharging patients millions of dollars.
Software billing technology is at the center of the lawsuits. WellPoint and other insurance providers use software to determine how much doctors should be paid for out-of-network treatment and other health services. These programs, pejoratively termed "denial engines," have been at the center of a public controversy between doctors and insurers for several months. Doctors accuse insurers of paying less to doctors for out-of-network patients, while insurers counter that doctors bill much more for those same patients than they do for similar in-network treatment.
The AMA recently settled a similar lawsuit with UnitedHealth, which paid $350 million to the AMA and its partners in January. New York Attorney General Andrew Cuomo recently sued UnitedHealth and Aetna for similar reasons, leading to a combined $70 million settlement toward a database system for a health-related nonprofit.

If you would like more information about insurance companies, please contact us.

David Schreiber
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
610 948-4800

serving Pottstown, Royersford, Phoenixville, Spring City, Limerick, Gilbertsville, Douglassville, Boyertown

How to make a consumer complaint...

http://www.attorneygeneral.gov/complaints.aspx?id=451

In Pennsylvania, the Bureau of Consumer Protection, within the Office of Attorney General, investigates consumer complaints.

If you would like more information, feel free to contact us.

David E. Schreiber
Mayerson Schreiber McDevitt, P.C.
610-948-4800
www.mayerson.com

Economy leaving more motorists uninsured

This MSNBC Article is worth reading.

http://www.msnbc.msn.com/id/30093235

What if the driver of the car that hit me is not the owner of the car?

Liability for the Careless Driving of Others
Are owners of cars liable when they loan their cars to someone who then drives negligently? Are husbands liable for the careless driving of their wives? Mothers for their sons? What if the negligent driver is drunk or does not have a valid driver’s license?

Duty of Care
While most people feel morally obliged to look out for the safety and welfare of others, the law has for centuries embraced the fundamental premise that the mere knowledge of a dangerous situation, even by one who has the ability to intervene, is not sufficient to create a legal duty to act. Before a person can be held legally liable for another person’s injuries, the law looks for a reason why a duty of care may be imposed. Without a legal duty of care, no legal liability for negligence exists.
Husbands, wives, sons, and daughters may share their lives and their households, but they do not share liability for each other’s negligent driving. Even if a parent or spouse has given another family member permission to use a car, and even if the parent or spouse is the title owner of the car, and even if the car is on a policy of insurance with other family cars in the parent’s or spouse’s name, the parent or spouse has no automatic liability for the unexpected negligence of the driver. Similarly, loaning a car to a friend does not make you liable for the friend’s unexpected negligent driving. Drivers themselves are liable for their careless driving.
Car owners or family members can be held liable if they negligently loan a car to someone when they have a specific reason to know that the other person may drive carelessly. Handing the keys to your intoxicated son or making your car available to your spouse for an evening of illegal drag racing are obvious examples of negligent entrustment. If you carelessly ignore any facts which clearly tell you that a friend or family member is not in the proper physical condition to drive or has specific intentions to drive dangerously, you can be held liable.
In addition, serving alcohol to minors is a crime and is a sure route to exposing yourself to liability to others. Anyone who knowingly serves alcohol to a driver under the age of 21 is liable to persons injured by the minor’s negligence while driving under the influence of alcohol.
While parents are not held directly responsible for their child’s negligent driving, parents do have some financial responsibility to contribute toward a damages award against their child. If damages are awarded to the injured claimant in a suit against a minor child, the minor’s custodial parent or parents are responsible for paying a maximum of $1,000 per injured person or $2,500 per incident. Any damages awarded against a minor over these amounts cannot be collected against the child’s parents.

If you would like more information, feel free to contact us.

David E. Schreiber
Mayerson Schreiber McDevitt, P.C.
http://www.mayerson.com/
610-949-4800

serving Pottstown, Spring City, Douglassville, Royersford, Limerick, Gilberstville, Berks County, Chester County, Montgomery County

The insurance company wants a recorded statement

If the other driver's insurance company requests a recorded statement, do not give it to them unless you first have consulted with a lawyer. Even if you think, "I have nothing to hide". The other comany's agenda is to try to pay as little as possible in closing out the claim. They will ask questions of you that serve their purpose, not yours.

If you would like more information, feel free to contact us.

Mayerson Schreiber McDevitt, P.C.
610-948-4800
www.mayerson.com

Property Damage to your car

Diminished Value is a damage caused by faulty repairs or by the fact that even after the insurance company repairs your car, there is a loss of value by virtue of being in a major accident. Anyone interested in buying he vehicle later would verify this information on Carfax or DMV search. As the owner of the vehicle, you would also be obligated to disclose that information.

Contact us if you believe you have a claim for Diminished Value.

Mayerson Schreiber McDevitt, P.C.
610-948-4800
www.mayerson.com

Crash testing / highway safety

This site provides information about crash testing and highway safety for car accidents.
http://www.iihs.org/


Mayerson Schreiber McDevitt, P.C.
http://www.mayerson.com/
610-948-4800
Pottstown Royersford Limerick

The insurance company isn't responding to me- what are the Rules for Insurance Companies in a car accident claim?

This is part of the Insurance Regulations in Pennsylvania. These Regulations hold Insurance Companies to certain standards. Knowing these standards helps your leverage with dealing with the insurance company on a claim.

§ 146.4. Misrepresentation of policy provisions.
(a) An insurer or agent may not fail to fully disclose to first-party claimants pertinent benefits, coverages or other provisions of an insurance policy or insurance contract under which a claim is presented.
(b) An insurer or agent may not fail to fully disclose to first-party claimants benefits, coverages or other provisions of an insurance policy or insurance contract when the benefits, coverages or other provisions are pertinent to a claim.
(c) An insurer may not deny a claim for failure to exhibit the property without proof of demand and refusal by a claimant to do so.
(d) An insurer may not, except where there is a time limit specified in the policy, make statements—written or otherwise—requiring a claimant to give written notice of loss or proof of loss within a specified time limit and which seek to relieve the company of its obligations if a time limit is not complied with unless the failure to comply with the time limit prejudices the rights of the insurer.
(e) An insurer may not request a first-party claimant to sign a release that extends beyond the subject matter that gave rise to the claim payment.
(f) An insurer may not issue checks or drafts in partial settlement of a loss or claim under a specific coverage which checks or drafts contain language which expressly or impliedly releases the insurer or its insured from its total liability.

Mayerson Schreiber McDevitt, P.C.
www.mayerson.com

Pottstown Royersford Limerick Gilbertsville Douglassville

What can I do if the driver that hit me has no insurance?

If the at-fault driver has no insurance, that person is subject to a fine or citation from the police. In Pennsylvania, all drivers are required to carry car insurance.

But, what if you are injured? This is why is it important to have "uninsured motorist coverage" (UM Coverage) on our auto insurance policy. This is what protects you and your family against uninsured drivers. If you have UM coverage, you can apply for bodily injury damages under your own policy. Since the crash was not your fault and since you have paid premiums over the years for this coverage, it does not raise your rates.

If you would like more information about "uninsured motorist coverage" or "underinsured motorist coverage", feel free to contact us.

Mayerson Schreiber McDevitt, P.C.
610-948-4800
http://www.mayerson.com/

Pottstown Royersford Limerick Douglassville Gilbertsville

How can I find out what my car is worth?

Under PA Insurance Regulations, following a collision, you are entitled to be covered by your insurance (if you purchased collision coverage) or the at-fault driver's insurance for the actual cash value of the vehicle.

Here is a helpful site -- Kelly Blue Book-- for valuation:

http://www.kbb.com/

If you would like more information, feel free to contact us.

Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
610-948-4800

What can I do if a drunk driver has caused a car accident and injured me or my family?

In addition to the criminal penalties against the drunk driver, you may have a civil case for damages against the drunk driver. It will be important to find out where the drunk driver had consumed the alcohol. If he was served alcohol while at a bar or restaurant or anywhere that has a license to furnish/sell alcoholic beverages, you may also have what is called a "Dram Shop" case against the business that served the drunk driver. There is a Pennsylvania Statute, citation 42 P.S. § 4-493; 4-491, et. seq. which covers this. This law states that if a business serves someone alcohol who is "visibly intoxicated" and the serving of that alcohol is a factual cause of injury to someone, the business is liable for damages.

It would also be important to find out if the business had prior violations. The Liquor Control Board has to provide this information upon request because it is public information. You can search a violation history on the business at their website here:

http://www.lcb.state.pa.us/webapp/Agency/SearchCenter/PublicLicenseeSearchDefault.asp

If you have any questions, or would like more information, feel free to contact us. Our firm is experienced in this area of the law and has successfully handled these types of cases.

Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
610-948-4800

What is the statute of limitations on a personal injury case in Pennsylvania?

How long do I have to file my personal injury case?
The statute of limitations in Pennsylvania for most personal injury cases is two years. This means that you must file a claim within two years after the date of the incident; if a claim is not made within that time frame, you will not be able to file a claim at all. The wisest course of action is to consult with the personal injury lawyers at Mayerson Schreiber McDevitt, P.C. as soon as possible following an injury.

How does the court decide who is "negligent" in a car accident

What is Legal “Negligence”?
You may have noticed that when a big lawsuit makes the news, the jury in the case is often asked to figure out if one of the parties was “negligent.” But just what does it mean to say that someone is negligent, in a legal sense?
The answer is that it means pretty much the same as it does in everyday conversation—that someone was careless. A basic statement of legal negligence is that a person “did not act as a reasonably prudent person would under the same circumstances.” However, a finding that a person has been legally negligent involves several different elements.
For example, most people would agree that a driver who runs a stop sign and hits a pedestrian has been careless, but has he been negligent? To find legal negligence, a court must first find that the person “breached” a duty owed to others. In our example, every driver owes a duty to others to be careful when driving a car, and running a stop sign violates this duty.
The negligent act must also cause damage. If the driver broke the pedestrian’s arm, this injury could mean that the driver was negligent. Finally, the damage caused by the negligence must have been “foreseeable.” Because most people would expect that a driver who runs a stop sign might hit someone, chances are that a court would find that the driver was legally negligent. In real life, most negligence questions are more complex than this example and can be complicated even more by the fact that sometimes more than one person was negligent.

If you would like more information, please contact us.

Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
610-948-4800

PA Driver's Manual

You can read and/or download the PA Driver's Manual here:

http://www.dmv.state.pa.us/drivers_manual/pa_driversman.shtml

If you would like more information, feel free to contact us.

Mayerson Schreiber McDevitt, P.C.
www.mayerson.com

Lowball Offers from the Insurance Company- Article

The following article appeared in the Seattle-Post Intelligencer.

See their link:

http://seattlepi.nwsource.com/local/122047_colossusside15.html


If you would like more information, feel free to contact us.

Mayerson Schreiber McDevitt, P.C.
610-948-4800
www.mayerson.com

What happens if a lawsuit is filed in my case?

A Civil Action Complaint is filed by an attorney on your behalf either in a County Court having jurisdiction (these are called Court of Common Pleas in Pennsylvania) or in Federal Court if the Defendant is a resident of another state and you choose to file in Federal Court. You become the "Plaintiff" in the case. The Complaint is "served" on the Defendant (the at-fault person who caused the incident) according to the Rules of Procedure. The Defendant's insurance carrier then assigns it to their counsel who typically files an Answer to the Complaint. The Answer is a procedural document admitting or denying the paragraphs contained in your Complaint. The lawyers for each side typically begin gathering facts through exchange of documents, written questions (interrogatories) and depositions (questions that are asked in person and answered under oath). This process is called discovery. After depositions, the insurance carrier typically sends you for a medical exam with their doctor. Once discovery is completed, the case gets listed for either jury trial or arbitration (arbitration is in front of a panel of three arbitrators appointed by the court). The jury or the arbitrators enter a verdict. It is possible for both sides to negotiate and enter into a settlement at any point. Usually, if a settlement does occur, it happens at some point after depositions are done.

If you have any questions, or would like more information, feel free to contact us.

Mayerson Schreiber McDevitt, P.C.
610-948-4800
www.mayerson.com

What does it mean when the insurance company sets a "reserve" on my claim?

The reserve represents money that is set aside for the eventual payment of a claim. From the company's standpoint, a claim is incurred when it happens, regardless of when in the future it is paid. Some companies include estimated claim expenses in the reserve amount while others establish a separate reserve for the claim and a separate reserve for anticipated expenses, such as legal fees, charges for police reports, records, etc.
Still others "bulk" reserves for expense amounts.

Insurance is an "intangible" product. As a policyholder, you do not receive anything material or tangible for your premium dollar unless and until a claim is paid. The payment of a claim is what consummates the insurance contract. So, it is important that when claims become due, money is available to meet those obligations. In Pennsylvania, like all States, Insurance companies are regulated for solvency so that they will be able to pay claims in the future. With bodily injury liability claims, years may pass before a claim is paid. This might be due to the fact that time is needed for the injury to heal or because the claim is in litigation.

Claim reserves are necessary to ascertain the company's future obligations and are required by insurance regulatory law.

Claim reserves are established in two ways:
statistically or actuarially by monitoring past lost experience and projecting future losses.

Types of Reserves include Average or Formula reserves. They are set statistically by the actuarial department based on past loss experience and adjusted periodically. This reserving method usually is applied to high-volume type claims such as auto collision, comprehensive, property damage, and medical payments where payments generally are minimal and claims settle sooner. Since these reserves are set, by the statistical department, they are not of primary concern to claim people.

Case reserve considerations can include:
What would be a settlement range?
What would be a likely jury award?
Claimant's impression on a jury
Attorney skills (plaintiff and defendant)
Local verdict climate
Coverage or liability factors

The insurance company's claim reserves on injury cases include:
Nature and extent of injury
Medical expenses
Lost income, past and projected
Diagnosis
Prognosis
Extent of permanent disfigurement
Age, sex, occupation, dependents, etc.

The insurance company will not disclose to you what they have set their reserve at. They are also at an advantage over you because this is their business and they keep careful track of what they've paid on similar claims as well as what their potential 'exposure' for payment could be. For you, this may be the first time you have ever had a claim.

If you have any questions, or would like more information, feel free to contact us.

Mayerson Schreiber McDevitt, P.C.
610-948-4800
http://www.mayerson.com/

How much can I expect to recover in a personal injury case?

How much your case will ultimately settle or be resolved for is dependent on a variety of factors. The total value of your case is determined by the severity of your injuries, degree of permanent disability, medical bills, lost wages, amount of insurance, and other factors. The insurance company evaluates the claim based on the documentation, e.g. medical records, bills, receipts, provided. It is important to have documentation to support your claim. It is also important have an understanding as to how the insurance company values cases (these also include intangibles such as the county of jurisdiction, whether you have an attorney; as well as claims they've had with similar injuries, whether they believe you are credible, the amount of visible damage to your vehicle, the type of doctors you have treated with and the type of treatment you have undergone).

If you have any questions or would like more information, feel free to contact us.

Mayerson Schreiber McDevitt, P.C.
610-948-4800
http://www.mayerson.com/

When you have a claim, avoid these mistakes with the insurance company

1. Not understanding or knowing what coverage you have on your policy. Policies are written in language which is hard to read and understand. But, it is a mistake to give up without trying to read it. Often the company does not do what it promises in the policy and its claims handlers haven't read it either. They often are taught just to respond to claims the way the company tells them. But, if your policy says you are covered, you are covered despite what the insurance company may tell you on the phone.

2. Don't wait too long before going to see a doctor. If you are injured but you wait, hoping that the pain will go away, you likely are making a mistake. Injuries can get worse with time. Don't self-diagnose yourself, get an opinion from a physician.

3. Don't delay informing your insurance company that there is a claim. A long time without notifying the company might even result in an excuse for your company to deny your claim. Your policy might have a provision about how much time you have to notify your insurance company. In Pennsylvania, the company can't deny a claim based on 'late filing' unless the delay caused actual harm to the company's ability to process the claim (as long as you don't delay past two years (bodily injury) or four years (other contract claims). While this may only happen in rare instances, the more promptly you get information to your insurance company, the more promptly they should. It also lessens chance that they will an excuse to deny your claim.

4. Don't let too much time to pass before responding to requests from your insurance company. This is another area that insurance companies sometimes use as an excuse to deny claims.

5. Don't exaggerate your claim. Sometimes people feel like they need to make it clear as to their injuries and in doing so may exaggerate. This is the wrong this to do. Furthermore, the insurance company and the doctor they may send you to be examined by are experts at spotting this.

6. Don't fail to document your losses. Simply contacting the insurance company and telling them what they need to pay is not enough. Documentation is what they evaluate the claim on. Receipts, bills, invoices and written estimates are important. The adjuster must explain how they value your claim to their supervisor. Make that possible by providing the documentation necessary.

7. Don't settle too quickly or without knowing the full extent of your damages. Once you sign a settle and sign a Release, you will not have the ability to come back later. If you feel that your insurance company put you in a position that you have no choice but to settle for less than what you are entitled, you should talk to a lawyer to see if they can help.

8. Never sign a document without understanding it. If you just assume the document you are signing says what you have agreed to and only that, you are making a mistake. Don't just read the paperwork, make sure you understand it. Ask the adjuster questions if you have to. Even then, keep in mind, especially when it's the other driver's insurance company, they are representing the company and may not be looking out for your interests (even though your own company is supposed to, it doesn't always happen). You might be signing away your rights or future claims. Most agreements offered by insurance companies have provisions that you never discussed. Some likely won't be a problem, but others will. You will need to be able to tell the difference. If you don't understand language in the proposed agreement or contact, either change it so it says what you have agreed to, or ask that they explain it to you.

9. Trying to do it alone may be a mistake. We all know that life is unpredictable. That is the point of buying insurance to protect yourself against losses that may happen. You've paid your insurance premiums year after year. Now, when you have had an injury or a loss, you should be able to focus on getting better or recovering from the loss. But trying to do it alone, you spend much of your time and energy arguing with the insurance company. Either the one that you hired to protect you or the one that was supposed to insure the other driver or at-fault person to cover such an event. This can get overwhelming. You don't want to make a mistake that will prevent you from recovering what you are entitled. Consider contacting a lawyer who is an expert in this area of law.

If you have any more questions, or would like additional information, feel free to contact us.

Mayerson Schreiber McDevitt, P.C.
610-948-4800

www.mayerson.com

Pottstown Limerick Gilbertsville Douglassville Spring City Royersford

Who regulates insurance companies and where can I file a complaint?

The Pennsylanvia Department of Insurance is charged with regulating insurance companies who do business in Pennsylvania. As a consumer, you have the right to file a complaint with the Deparment of Insurance. More information can be obtained, as well as on-line complaint forms and downloadable forms at--
on-line complaint form: https://www.insurance.state.pa.us/dsf/complaintform.html

downloadable complaint form: http://www.ins.state.pa.us/ins/lib/ins/consumer/COMPLAINT_FORM.pdf

search for complaint histories on insurance carriers: http://www.insurance.state.pa.us/dsf/gfsearch.html

Filing a complaint goes down on the Company's 'permanent record'. It may also cause the Insurance Commissioner to take action. If you have a legitimate problem that your insurance company has committed, this is a worthwhile thing to do. However, keep in mind that filing a complaint with the Department of Insurance is not the same as a civil suit for damages. If you believe your insurance company has wrongfully denied a claim or benefits owed to you, you may have a civil cause of action against the company. There is a statute in Pennsylvania which requires insurance companies to act in good faith toward their insureds, or else they may be subject to owing their insured damages for violation of the "bad faith statute". If you would like more information, feel free to contact us.

Mayerson Schreiber McDevitt, P.C.
610-948-4800
http://www.mayerson.com

Limerick Spring City Pottstown Gilbertsville Royersford Douglassville

Make sure you report your claim to protect your rights to benefits under your policy

Report Accidents to Protect Your Insurance Claim

“Underinsured” motorist coverage is insurance that you purchase from your own insurance company to pay for your losses if you are injured by someone who does not have enough of his or her own liability insurance to pay for all of the injuries you may suffer. “Uninsured” motorist coverage is insurance that you purchase to pay for your own losses if you are injured by an uninsured driver or by a hit-and-run driver.

Recently, a Pennsylvania highway worker was frustrated to find that she lost her entitlement to make a claim for uninsured motorist benefits because she did not report the accident to the police. [See State Farm Mutual Automobile Ins. Co. v. Foster, Pa., 889 A.2d 78 (2005)] The worker was injured when she was forced to jump out of the way of an unidentified vehicle while working as a flagger on the highway. She promptly reported the incident to her employer and to the insurance company, faxing the insurance company a copy of the written report that she filled out for her employer. The insurance company later denied the claim on the grounds that its policy and Pennsylvania law both require that all uninsured motorist accidents must be reported to the police.

The Pennsylvania court acknowledged that the insurance company was correct. Both the policy and the Pennsylvania automobile insurance laws require that persons who are injured or who make any claims for uninsured motorist benefits must report the accident to the insurance company within 30 days and also must report the accident to the police “or proper governmental authority” as soon as possible.

Unless you make a prompt police report, you will lose any claims you have for uninsured motorist benefits. Remember that your uninsured motorist coverage pays you for claims you have against individuals without any insurance and also for claims you have against a phantom driver who injures you and flees the scene. If a negligent driver cannot produce reliable written evidence of current insurance coverage, assume that he or she has none and treat the incident as one involving an uninsured driver.

Mayerson Schreiber McDevitt, P.C.
www.mayerson.com

Royersford Gilbertsville Limerick Spring City Pottstown Douglassville

"Lawsuit crisis"- the numbers do not add up.

A debate rages in the country today: Is there a “lawsuit crisis” and, if so, what does it cost? Those who claim that there is a crisis often cite a report from consulting firm Tillinghast-Towers Perrin (TTP) claiming that lawsuits cost the country $246 billion a year. The problem with this “fact” is that the numbers just don’t add up. A group of respected economists hired by a nonpartisan think tank found that the conclusion from the TTP report was “one-sided” and “misleading.” Their study shows that the actual “costs” of lawsuits are less than one-third of the amount claimed. The TTP numbers were inflated by including things such as the insurance industry’s administrative expenses (which would be paid even if no lawsuits were filed) and payments on insurance claims. The economists fault TTP for using data that cannot be verified, because the authors claim their calculations are secret. These economists reject the claim that all Americans pay a “tort tax” as “indefensible.” Insurers, big business, and others use false numbers to demonize lawyers and to convince the public that a lawsuit seeking just compensation for injuries caused by someone else is wrong. Don’t be fooled.


Mayerson Schreiber McDevitt, P.C.
www.mayerson.com

Pottstown Limerick Royersford Gilbertsville Douglassville

Should I have Uninsured and Underinsured Motorist Coverage on my insurance policy?

Underinsured motorist coverage (UIM) and Uninsured motorist coverage (UM) act as a safeguard for drivers who are involved in an auto accident with another driver who either does not have enough coverage, or is uninsured. The State Minimum requires only $15,000 in liability coverage. Obviously, if you or a family member has a serious injury or lost future earnings or other serious economic losses, that probably will not cover your damages.

When you purchase an insurance plan with UIM and UM coverage, you are guaranteed some degree of compensation after an accident, even if the other motorist has no liability coverage. This means that your insurance company will cover any expenses that the uninsured at-fault driver’s insurance company would otherwise pay.

UIM and UM coverage are extremely important to the safety of you and your family. That coverage protects you and your family against everyone else's carelessness. When you purchase UIM and UM coverage, you are protected against financial setbacks such as medical expenses, lost wages, and other losses that you would otherwise incur if the at-fault driver was not insured.

This coverage is well worth the investment. If you have any questions or would like more information, feel free to contact us.

Mayerson Schreiber McDevitt, P.C.
610-948-4800
http://www.mayerson.com

Royersford Gilbertsville Douglassville Pottstown Limerick

What happens if my medical bills exceed my medical coverage on my policy?

In Pennsylvania, when you are in a car accident, the medical bills are covered first under your own policy no matter whose fault the accident is. This is called "no-fault" coverage and is part of what you have been paying insurance premium all these years for. The state minimum medical coverage on auto policies is $5,000. That does not go far when you are hospitalized or need diagnostic tests like MRIs. (You should ask your agent about getting more coverage, at least $10,000 in medical-- it may not cost much more and is well worth it).

If your auto medical coverage is exhausted, your health insurance would then have to start paying the bills. (NOTE: If the accident is someone else's fault, their insurance won't pay any of your medical bills until the end of the case- that is, without a full release).

If the other driver is at fault, their company most likely won't explain to you that if you accept any settlement, your health insurance company may have to right to get any money they paid for your medical bills back from you. This is called subrogation. If you settle with the at-fault insurer without finding out about "subrogation" from your health insurer, you will be stuck paying the subrogation back. This can be a very tricky issue, and one well worth having an attorney handle your claim for you.

If you have any questions, or would like more information, feel free to contact us.

Mayerson Schreiber McDevitt, P.C.
610-948-4800
www.mayerson.com

What the insurance company for the other driver won't tell you

If you are in an accident and it is the other driver's fault, most likely the other driver's insurance company will be calling you. Things they probably won't tell you:

- you do not have to, nor should you, give them a recorded statement. If they want to know what happened, they can read the police report.
- you do not have to, nor should you, give them a medical authorization to get your medical records. Your insurance company will get the records as they pay the medical bills (you do have an obligation to cooperate with your own company, it's in your insurance policy). When the time is right to try to resolve your claim, you can order a copy of your records from your own insurance company and, if need be, send them to the "at-fault" insurance company for the other driver. That way, you are in control of your records.
- you should not be in a hurry to try to resolve a bodily injury claim- you have up to 2 years in Pennsylvania. Once you sign a Release, the at-fault insurance company is no longer responsible for anything.
- the insurance company is in the business of 'trying to pay as little as they can get away with'. The other person's insurance company is not on your side, not your good neighbor and you are not in good hands with them. They have thousands of claims just like yours against them. They are experts at deriving ways to pay less than what the claim is worth and that adds up for them.
-On average, by hiring an attorney who specializes in this area of law, the value of your claim increases by far greater than the fee the attorney would end up earning. In short, on average, you net more by having an attorney. And, the attorney would do all the work so you can just concentrate on getting better. The insurance company knows this and thus does not want you to go to an attorney. You are not a threat to them without an attorney. They place a different evaluation on the case for unrepresented claimants.

If you have any questions, or would like more information, feel free to contact us. We have been specializing in insurance claims and auto insurance law since 1963.

Mayerson Schreiber McDevitt, P.C.
(610) 948-4800
http://www.mayerson.com/

Limerick Pottstown Royersford Douglassville Gilbertsville

Quick Tips on Your Auto Insurance Coverage

Quick Tips On Your Auto Insurance Coverage

Full Tort not Limited Tort

If you’re employed, get wage loss coverage (it’s inexpensive!)

Get "uninsured" and "underinsured" motorist coverage: it protects you and your family

Get "stacking" if you have more than one car

If you need more information, ask your agent to explain these coverage to you. It is their job. Or, give us a call. We will be happy to explain them to you.


Mayerson Schreiber McDevitt, PC
(610) 948-4800
www.mayerson.com

Pottstown Limerick Royersford Douglassville Gilbertsville

Ways to attempt to be fairly compensated for the damage to your car.

You should have both your insurance company and the other drivers insurance company both appraise your vehicle. Make sure you take your own pictures. To be considered a total loss in Pennsylvania, the damge must be at least 75% or higher of the car's actual cash value. If totaled, you have the right to ask the insurance company how they came up with their appraisal. They often use the CCC Book- which is biased because it is put out by the insurance industry. You can ask them to use NADA or Blue Book. You can also send them listings for "like-kind" vehicles in your area to have them average them out for a value. Don't just accept the insurance company's appraisal if you do not believe it is fair. You have the right to challenge them as indicated above.

You also have the right after you resolve the property damage to ask for a "supplemental" appraisal. There may be additional damage not originally found.

Make sure you do not sign a Release, especially not a "General Release".


Mayerson Schreiber McDevitt, P.C.
www.mayerson.com

Pottstown Royersford Douglassville Limerick Gilbertsville