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CAR ACCIDENT FAQs

Pennsylvania Car Crash Attorney links

LEGAL REPRESENTATION  

MEDICAL BILL PAYMENT 

PA MEDICAL CARE

PA LOST WAGES 

DEALING WITH INSURANCE CO. 

PA DUI/HIT & RUN 

PROPERTY DAMAGE 

FULL TORT/LIMITED TORT 

MEDICAL EXAMS/PEER REVIEW 

CONTACT ATTORNEY NEWELL 

CAR ACCIDENT SETTLEMENTS

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LEGAL REPRESENTATION


Why is it important to hire a PA car accident lawyer to represent me?

  • The insurance adjuster is paid to settle your Pennsylvania car crash claim as quickly as possible and for the LEAST settlement amount.
  • Isn't it critical for you to have a PA auto accident attorney advise you thru every step of the legal claim and aggressively negotiate on your behalf?

Why should I consider asking Attorney Newell to represent me regarding my Pennsylvania auto accident case?

  • EXPERIENCE:        Attorney Newell has been representing Pennsylvania
                                car accident victims since 1981.
  • EXCLUSIVITY:       He ONLY represents PA personal injury victims.
  • KNOWLEDGE:        Attorney Newell receives email updates three times
                                EACH DAY to keep current on Pennsylvania legal issues
                                which may affect his PA auto accident clients.
  • SERVICE:              Please visit CLIENT REVIEWS to see how his Pennsylvania
                                personal injury clients describe his dedication to personal
                                service.

How much is my PA car crash worth?

  • Some of the most important factors used by insurance companies are:
    • * The personal injury experience of your PA attorney
    * Objective injuries suffered - broken bones, surgery, stitches, herniated discs,
       etc.
    * ID of permanent injuries in your doctor's records
    * Amount of property damage to your car
    * Whether the insurance company believes that your PA car accident lawyer will
       file a lawsuit if they don't make a fair settlement offer

Please CONTACT ME to have a PA car accident attorney with 28 years of experience review your Pennsylvania car crash claim.

MEDICAL BILL PAYMENT

I was in a car crash on Rt. 22 near Bethlehem, Pennsylvania.  Why doesn't their insurance company pay my medical bills since their negligent driver rear-ended me?

  • Pennsylvania is a "no-fault" state.
  • Your own insurance company pays your medical bills regardless of who is at fault for the PA auto accident.

If my insurance company pays my medical bills after a car accident on Rt. 313 in Quakertown, PA, will my auto insurance rates go up?
  • No!  Medical bills are paid as a "first-party benefit" - not as a "liability" benefit.
  • Under Pennsylvania Law, your car insurance rates can not be raised due to a first-party benefit payment made due to a PA car crash.

I was a passenger in a friend's SUV when the car crash on Rt. 611 in Stroudsburg, PA happened.  Who pays for my medical bills in that situation?

  • The PA Motor Vehicle Financial Responsibility Act requires your car insurance co. to pay your medical bills regardless of whose automobile you were in at the time of the PA motor vehicle accident.

I was in a car crash on Rt. 412 in the Lehigh Valley when I was rear-ended.  My medical bills total more than the medical insurance coverage amount for my van.  Who will take care of the unpaid medical bills?

  • Those medical bills should be submitted to your private health insurer.  Send your Pennsylvania car accident lawyer proof of out-of-pocket expenses for deductibles and co-pays.
  • If you do not have any other health insurance coverage, your PA car crash lawyer will make that economic loss a part of your pain and suffering settlement with the auto insurance company for the negligent driver.

Please visit CAR ACCIDENT SETTLEMENTS for a review of 25 of Attorney Newell's Pennsylvania car accident settlements and verdicts.

PA MEDICAL CARE

Do I need to get any referrals or pre-certifications before starting my medical care after my car accident on I-78 near Allentown, PA?

  • No. Each Pennsylvania auto accident victim gets to make their own decisions as to what type of medical care to get and they choose their own doctors.

I want to see a doctor after my Wind Gap PA auto accident on Rt. 33.  Am I responsible for any co-pays or deductibles in order to get my medical care?

  • No.  The doctor's bill is handled exclusively by the automobile insurance company.

I need chiropractic care and physical therapy after the Route 309 car crash.  Are there any set limits as to the maximum number of visits for chiropractic manipulation and/or p.t.?

  • No.  Unlike many private health insurance plans, the medical coverage under a Pennsylvania car insurance policy does not have any pre-set limits on the number of visits or the length of time of your medical care.

What advice do you give your PA car crash clients re their medical care?

  • The sooner you obtain the necessary medical care, the less likely your insurance company or the Defendant's insurance carrier will question whether or not the medical care was needed and/or related to the Pennsylvania car accident.
  • Don't miss your doctor, chiropractor or physical therapy appointments.  Missed visits could show that your injury is not serious and/or that you are not trying to get better.

How does your 28 years of representing PA car accident victims help me when it comes to getting the right medical care?

  • I have personally handled over 1,000 Pennsylvania personal injury claims.
  • I share with my current PA car accident clients the experiences of all my past clients with various doctors, chiropractors and physical therapists.

Please go to CLIENT REVIEWS to obtain information regarding the experiences of Attorney Newell's former Pennsylvania motor vehicle accident clients.

PA LOST WAGES
 

I am missing work from injuries I suffered in a car crash on Route 202 near Doylestown, Pennsylvania.  Who pays for my lost wages?

  • If you have paid for that optional coverage, your own auto insurance co. will pay your wage loss claim.
  • If you have not paid for wage loss coverage, your PA auto accident lawyer will add that loss to the value of your case when negotiating with the Defendant's automobile insurance company.

If I paid for lost wage coverage on my car insurance policy, do I receive 100% of my lost wages from my job in Perkasie, PA after my car accident?

  • No.  There is no coverage for the first five work days missed and, then...
  • Your auto co. pays 80% of your loss of gross income up to your available monthly maximum.

How do I recover the portion of my lost wages not covered by my PA automobile insurance after my Bucks County PA auto accident?

  • Your Pennsylvania motor vehicle accident attorney will include your out-of-pocket wage loss in the settlement negotiations with the negligent defendant's insurance company.

If I use sick leave or vacation time to pay for work days missed due to my Montgomery County PA car crash, is the negligent defendant responsible to pay me for that loss?

  • Yes.  The defendant's insurance company must repay you for benefits you used as a result of injuries sustained in the Pennsylvania motor vehicle accident.
  • Claims by insurance companies that injured victims would be getting a "double recovery" have been rejected by Pennsylvania judges in many legal rulings.

Please visit our HOME for information concerning Attorney Newell's experience and qualifications to represent Pennsylvania car accident victims - such as you.

DEALING WITH INSURANCE CO.

I was in a car crash in Easton, PA. Should I give a statement to the insurance company representing the man who ran the stop sign?

  • No! Providing them with a statement could negatively affect your PA auto accident claim.
  • Your Pennsylvania car accident attorney can protect your legal rights - while at the same time provide the car insurance company with sufficient information to complete their investigation.

After I was hit by a negligent driver in Stroudsburg PA, his insurance company sent me a medical release form. Should I sign it?

  • No. They might claim that the form only allows them to get your current Pennsylvania car accident medical records.
  • Don't trust them. Frequently, these forms have fine print language which allows them to get any records which they determine are necessary.
  • Attorney Newell never permits his PA car crash clients to sign medical release forms drafted and sent by the Defendant's insurance company.

The adjuster from the Defendant's insurance company keeps on telling me not to hire a lawyer.  Why is he wrong?

  • Because he wants to pay as little as possible!
  • With whom would he rather negotiate - a Pennsylvania car accident attorney who has been involved in over 1,000 PA personal injury claims or an unrepresented victim?
  • With my trial experience, the defense adjuster knows that it is in the best interests of the auto insurance company to make a fair settlement offer now - before I file a lawsuit.

PA DUI/HIT & RUN

The drunk driver from Bethlehem PA who caused the car accident was found guilty of DUI. How does his criminal conviction affect my Pennsylvania car crash claim?

  • His DUI conviction would allow your PA car accident attorney to make a punitive damage claim if he/she filed a lawsuit on your behalf.
  • Attorney Newell aggressively argues to the defense adjusters in those situations that the value of the PA personal injury claim is at least 25% higher when there is a drunk driving conviction.

To review Attorney Newell's qualifications to serve as your PA auto accident lawyer, please see Why Attorney Newell.

PROPERTY DAMAGE

Our minivan was totalled in a car accident on Rt. 33 in the Poconos. The automobile insurance company is offering a property damage settlement that is less than what we owe on the car loan. Is that legal?

  • In Pennsylvania, the car insurance company is required to pay the current fair market value of your motor vehicle. Among the factors they will consider are the mileage, the pre-crash condition of your minivan and the options in the car.
  • Unfortunately, with so many used cars for sale, the value of pre-owned vehicles has dropped significantly - especially for vehicles that do not get good gas mileage. What you actually owe on the car loan has no effect on the minivan's actual value.

What is GAP coverage?

  • In today's economy, the value of a car/SUV could very easily drop more quickly after its purchase than the automobile loan amount owed.
  • When you bought your car, you had the option to buy GAP insurance to protect yourself from that situation.
  • If your automobile is totaled after a car crash, GAP coverage would pay the difference, if any, between the outstanding balance on your car loan and the car's value at the time of the collision.

FULL TORT/LIMITED TORT


The policy that insures all of my cars says "full tort".  What does that mean?
  • You made a very wise choice.  Your PA car accident lawyer will be able to present a pain and suffering claim for all of the injuries you sustained in the Pennsylvania car crash.

What is "limited tort"?

  • Limited tort means that the car owner, in most cases, gave up his/her legal rights to make a claim for their physical/mental injuries resulting from a Pennsylvania automobile accident.

If the car accident on Rt. 209 in Lehighton, PA was the other driver's fault, can I still make a personal injury claim even if I have limited tort?

  • Only if you meet one of the very few specific exceptions.
  • If you have limited tort, you should immediately consult with a PA car accident lawyer - such as Attorney Newell who would welcome your call at 1-800-980-4842 to see if the facts of your case would allow you to meet one of those exceptions for your PA motor vehicle collision.

Please visit UNDERINSURED MOTORIST CLAIM for case settlements and verdicts in PA car crashes where the injured victim made a claim for Pennsylvania underinsured motorist benefits from their own car insurance company.

MEDICAL EXAMS/PEER REVIEW


I suffered soft-tissue injuries in an automobile accident on Route 209 in Bushkill PA.  My car insurance company wants me to go to a "peer review exam."  What is that and do I have to go?

  • A peer review exam is a medical examination performed by a doctor chosen by your insurance co.  He/she will examine you, review your records and provide an opinion as to whether you still require medical care.
  • If your auto insurance contract provides your insurance co. with the legal right to demand the exam and their request is medically reasonable, you are required to attend.

My insurance company sent me a letter after my peer review saying they won't pay for any future chiropractic care.  Can I still treat with the chiropractor for my Monroe County, PA car crash injuries?

  • Unless your chiropractor files an appeal and wins, your future chiropractic care is your personal responsibility.
  • Check with your private health insurance company to see if they will cover your ongoing chiropractic care.

CONTACT ATTORNEY NEWELL

I was involved in a car crash on Rt. 309 near Lansdale, Pennsylvania.  When should I call a PA auto accident attorney?

  • You should call 1-800-980-4842 to obtain your free HOME consultation as soon as possible.
  • Attorney Newell will promptly take all the necessary steps to protect your legal rights regarding this PA car accident.
  • It is important to have a Pennsylvania car crash lawyer with 28 years of experience representing you.  Attorney Newell can handle all of the complicated insurance issues.  This will allow you to concentrate on getting the medical care your injuries need.

Will Attorney Newell come to my home to meet with me regarding my Pennsylvania car accident case?

  • PA car crash victims in the Lehigh Valley, Poconos, Bucks County and Montgomery County have relied upon Attorney Newell to aggressively represent them for their Pennsylvania motor vehicle accident. 
  • Whether you live in Bethlehem or Easton, Stroudsburg or Bushkill, Lehighton or Allentown, Quakertown or Perkasie, Doylestown or Lansdale - Attorney Newell will provide you with a free HOME consultation for your PA automobile accident claim - no matter where you live in Eastern Pennsylvania.

Disclaimer

Attorney Thomas Newell has been representing Pennsylvania car accident victims for 28 years in the Lehigh Valley, Poconos, Bucks County PA and Montgomery County PA.  He provides the content of this website for informational purposes only.  Nothing provided in this website should be interpreted as being legal advice from Attorney Newell to you.  The laws regarding Pennsylvania auto accident claims are constantly evolving and changing.  You are strongly advised to hire a car accident lawyer licensed to practice law in PA.
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PA Car Accident
Legal Decisions

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Insurance Company
Discovery Request Denied 

An October 2009 ruling by Judge Panchik of the Armstrong County Court of Common Pleas denied some discovery requests of Erie Insurance Company in a lawsuit filed by one of its insureds.  A woman was injured in an automobile accident resulting in serious injuries including fractures of her foot and ankle.  She did not make a full recovery and her doctor gave her a physical therapy prescription.

Erie was her auto 1st party insurance company and denied payment for the p.t.  After a PRO review claimed that the physical therapy was neither reasonable nor necessary, her Pennsylvania personal injury lawyer filed a lawsuit vs. Erie.  Erie then forwarded Interrogatories which in part demanded discovery documents from the PA car crash victim's lawsuit versus the defendant driver who caused the motor vehicle accident.

Judge Panchik ruled that the plaintiff was not responsible to provide Erie with copies of documents in the public domain equally available to Erie.  Nor was the car crash victim required to provide privileged information in control of her and/or her attorney since the underlying car accident litigation was not relevant to whether the denial of medical bill payment was appropriate.  Clever v. Erie Insurance Co. (C. P. Armstrong County, Oct. 6, 2009 J. Panchik)

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Insured Must Submit to Medical
Exam if Request Reasonable 

In a 2009 Decision, the United States District Court ruled that a car insurance company has the legal right to follow the procedure in its insurance contract and require a Pennsylvania car crash victim to submit to a medical exam without a court order.

A PA auto accident victim suffered internal injuries due to a car crash.  Allstate demanded that she submit to an examination by a doctor of their choice.  Her Pennsylvania car accident attorney instructed his client to not go to the exam.  Allstate then stopped paying her medical bills.

The PA car crash lawyer filed a lawsuit vs. Allstate and asked the court to reinstate her medical coverage.  The judge ruled that Allstate did not need prior court approval to schedule the exam for the Pennsylvania car accident victim.  However, the court did provide the PA auto accident attorney with the ability to present evidence to prove that Allstate's request for the examination was unreasonable.  Williams v. Allstate Insurance Co., US District Ct. (ED) 2008-3031

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Eyewitness can Testify to
Speed of Car Pre-Crash 

A 2008 ruling of the PA Superior Court reaffirmed past legal decisions that a lay witness can testify as to the speed of an automobile before a Pennsylvania car accident.  A car crash occurred in Philadelphia between a car and a bus.  At trial, a passenger in the bus with 18 years of driving experience, testified that the driver of the car was going 40 to 45 miles per hour.

She also stated that the auto was back far enough to give the driver plenty of time to stop and avoid the PA car crash had she been paying attention to the roadway.  The jury returned a verdict in favor of the bus driver and his employer due to their finding that the driver's negligence was the primary cause of the car accident.

The Pennsylvania car crash lawyer filed an appeal.  The Superior Court noted that the eyewitness had an unobstructed and continuous view of the car leading up to the PA motor vehicle collision.  Adding her driving experience to these facts, the Appeals Court confirmed the decision to permit the eyewitness to testify as to the speed of the oncoming car and denied the appeal of the Pennsylvania automobile accident victim.  Fisher v. Central Cab Co., 945 A.2d 215 (Pa. Super. 2008)

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Victim's Experts Qualified to
Opine re: His Future Wage Loss 

A 2008 opinion of the PA Superior Court affirmed a Luzerne County trial judge's decision in favor of a PA car accident victim.  The car crash occurred in Luzerne County when one car turned directly in front of another motor vehicle.  A Pennsylvania car accident attorney filed a lawsuit on behalf of his injured client.

At trial, a vocational rehabilitation consultant and an economist provided expert testimony regarding the PA car crash victim's future wage loss.  The defense attorney objected claiming there was insufficient medical testimony to support this evidence.

The Pennsylvania Superior Court ruled that the experts were qualified to establish how the PA car crash victim's injuries prevented him from fully performing his work duties.  Novitski v. Rusak, 941 A.2d 43 (Pa. Super. 2008)

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PennDOT Immune From
Lawsuit Over Lack of Guardrail 

A 2008 decision by the Commonwealth Court of Pennsylvania continued the long line of legal decisions denying victims the right to receive a personal injury award from a Pennsylvania car crash allegedly caused by the lack of a guardrail.  A tragic PA car accident occurred when an automobile left the highway, hit a utility pole and two trees - rolling over before coming to a stop.  The car crash resulted in the death of both occupants.

The PA car accident attorney hired by the parents of the passenger filed a lawsuit against PennDOT.  She claimed that PennDOT's failure to have a guardrail at that location was negligence because a guardrail could have prevented the fatal injuries from occurring.

The trial court ruled that PennDOT was protected by the Sovereign Immunity Act.  Since the lack of a guardrail did not cause the driver to lose control and leave the road, Pennsylvania could not be held responsible for the PA car accident.  Pennsylvania's Commonwealth Court upheld the lower Court's decision since the driver of the car was the responsible party for the PA car crash, not an owner of land or objects nearby.  Fagan v. Dept. of Transport., 946 A.2d 1123 (Pa. Cmwlth. 2008)