Automobile Insurance Coverage

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Fifteen thousand dollars for bodily injury or death of one person in any one accident; 75 Pa. Cons. Stat. Ann. § 1702 Thirty thousand dollars for bodily injury or death of two or more persons in one accident, not to exceed the per-person limits above; 75 Pa. Cons. Stat. Ann. § 1702 Five thousand dollars for injury to or harm to property of others in one accident. 75 Pa. Cons. Stat. Ann. § 1702. Lawsuits in Pennsylvania must be filed against the negligent driver and may not also name the insurance carrier as a defendant. In fact, the jury is not allowed to know that there is insurance coverage available on the defendant. If the jury renders a verdict in excess of the defendant's liability policy limit, the defendant is then personally liable out of his or her own assets for the additional amount.

Medical Payments (Med-Pay) Coverage

When purchasing automobile insurance for yourself, you may seek to include several additional type of coverage other than liability insurance. One of these types of coverage is called medical expense benefits coverage, which is required by Pennsylvania law. 75 Pa. Cons. Stat. Ann. § 1711 Medical payments coverage is a form of health coverage called by various terms, including "med-pay","personal injury protection (PIP)", medical expense benefits, or on occasion "economic loss protection benefits". This coverage is available to the insured driver (the individual who holds the policy which includes med-pay coverage) and any passengers in the insured's vehicle for injuries sustained, regardless of the fault of the driver. It is important to note that the insurance policy of the negligent party does not pay med- pay or PIP benefits to an injured plaintiff. These benefits are limited to the driver or passengers in the insured vehicle, regardless of fault. The plaintiff looks to his own insurance policy or the policy on the vehicle in which he was a passenger for med- pay or PIP benefits.

Medical payments coverage is a form of health coverage called by various terms, including "med-pay","personal injury protection (PIP)", or on occasion "economic loss protection benefits". This coverage is available to the insured driver (the individual who holds the policy which includes med-pay coverage) and any passengers in the insured's vehicle for injuries sustained, regardless of the fault of the driver. It is important to note that the insurance policy of the negligent party does not pay med- pay or PIP benefits to an injured plaintiff. These benefits are limited to the driver or passengers in the insured vehicle, regardless of fault. The plaintiff looks to his own insurance policy or the policy on the vehicle in which he was a passenger for med- pay or PIP benefits.

The amount of med-pay benefits which may be paid to any individual is determined by reference to the policy limit for this particular type of coverage, as stated in the insurance policy declarations sheet for the person who purchased the coverage. The minimum amount of coverage under Pennsylvania law is $5,000. 75 Pa. Cons. Stat. Ann. § 1711

Uninsured and Underinsured Motorist Benefits:

Two other related types of voluntary coverage you can (and should) purchase are uninsured and underinsured motorist benefits. These types of coverage protects you against a negligent defendant who illegally does not have liability insurance coverage or has minimum coverage that is inadequate to fully compensate you for your injuries. If you are involved in an accident with an uninsured but negligent individual, we would make a claim for you under your own uninsured motorist coverage. Your own insurance carrier would then have to pay any judgment which may be rendered, up to the limits of the policy which you purchased.

If the person who caused the accident has liability insurance, but the policy limit of his or her liability insurance is less than the uninsured motorist coverage of your policy, we can make an additional claim under your own policy for what is called underinsured motorist benefits, in the event that your damages exceed the limits of the other party's liability coverage. A complicated body of case law has evolved dealing with this type of benefit, and the experience of an attorney familiar with these issues is important in order to obtain the maximum amount of recovery for you.

Collision Coverage:

Collision coverage is a type of voluntary coverage you can purchase which provides for the repair or replacement of your own vehicle after an accident, regardless of whether or not you are at fault. This is different than property liability insurance coverage discussed above. An innocent victim of an accident may present a claim for the property damage under his or her own collision coverage or under the negligent defendant's property damage liability insurance coverage. Your own collision coverage normally includes a deductible, whereas property damage liability insurance coverage does not. In an automobile accident case, after a claim has been paid under collision coverage, the insurance carrier who paid the claim may proceed against the property damage liability insurance carrier for the negligent defendant to recover the amount paid out. This process is called subrogation, and does not affect your recovery.

Tort Coverage
Pennsylvania law also requires that an insured driver purchase either limited or full tort coverage. Tort coverage applies to the pain and suffering benefits an insured is entitled to if the insured is not at fault for the accident. Limited tort coverage requires the insured to give up the right to receive pain and suffering compensation if injured in an accident. An exception to this law is when the insured is seriously injured. A serious injury is limited to death, serious impairment of bodily functions, or permanent serious disfigurement. 75 Pa. Cons. Stat. Ann. § 1705 Full tort coverage is optional, however it allows the insured to receive pain and suffering benefits if another driver is at fault for the accident. 75 Pa. Cons. Stat. Ann. § 1705

In all automobile accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident, call Richard C. Senker, Attorney at Law now at 1 800 AUTOCRASH or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

The Law Office of Richard C. Senker handles the following types of cases: Personal Injury including Automobile Accidents, Spinal Cord Injuries, Traumatic Brain Injuries, Medical Malpractice, Wrongful Death, Insurance Bad Faith, Nursing Home Abuse, Workers' Compensation, Airplane Accidents, Dog Bites, Drunk Driving Injuries, Large Truck Accidents, Motorcycle Accidents, School Bus Accidents, Slip and Fall Accidents.