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
Injured? We work for your case. 610-792-3304
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About Me
- David Schreiber
- I have been practicing law since 1994. From 1994-1998, I was a State's Attorney with the "Governor's Law Firm", called the Office of General Counsel. I represented the Commonwealth of Pennsylvania in Civil Actions, including winning cases on appeal before the Commonwealth Court. In 1998, I joined a local firm. I became a shareholder. I am now a Partner at Wolpert Schreiber P.C., focusing on injury law and insurance disputes. I am one of the few lawyers handling injury cases who has worked exclusively both as a lawyer for injured people and in house for a large law group defending those claims when I was with the "Governor's Law Firm". My work also includes Insurance Disputes and Contracts. I have successfully handled hundreds and hundreds of cases, including cases to jury verdict, in State and Federal Court. I am honored to help people who come to us to solve their problems. Our goal is to seek truth and accountability, while working as hard as possible for our clients. I have obtained millions of dollars in recoveries for clients over the years. We work for your case.