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
Saturday, March 28, 2009
Monday, March 23, 2009
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
http://www.iihs.org/
Mayerson Schreiber McDevitt, P.C.
http://www.mayerson.com/
610-948-4800
Pottstown Royersford Limerick
Friday, March 20, 2009
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
§ 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
Sunday, March 15, 2009
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
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
Friday, March 6, 2009
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
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
Wednesday, March 4, 2009
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
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.
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
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
Tuesday, March 3, 2009
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
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
Sunday, March 1, 2009
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
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
Subscribe to:
Posts (Atom)
