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