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
Wednesday, February 25, 2009
Tuesday, February 24, 2009
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/
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/
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/
Monday, February 23, 2009
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
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
Sunday, February 22, 2009
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
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
Saturday, February 21, 2009
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
“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
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
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
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
- 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
Friday, February 20, 2009
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
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
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
Subscribe to:
Posts (Atom)
