Injured? We work for your case. 610-792-3304

Injured?  We work for your case.  610-792-3304
www.PAinjurycase.com

Wednesday, April 29, 2009

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

Thursday, April 23, 2009

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

Tuesday, April 14, 2009

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

Thursday, April 9, 2009

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

Friday, April 3, 2009

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