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UNDERINSURED MOTORIST CLAIM

Pennsylvania Underinsured Motorist Claim Lawyer

Attorney Thomas Newell has been representing victims injured in car accidents since 1981.  He has represented many individuals who made an underinsured motorist claim against their own auto insurance company.

Click here for Pennsylvania Underinsured Motorist Settlements/Verdicts

Attorney Newell has listed below some questions and answers
which should provide you with key information necessary to make
an informed decision as to which car accident lawyer you should hire
to present your underinsured motorist claim.

Why is it essential to retain an experienced and knowledgeable underinsured motorist claim lawyer?

  • Every year there are hundreds of new legal opinions published by the judges in the Commonwealth of PA analyzing the Pennsylvania Motor Vehicle Financial Responsibility Act and underinsured motorist claims.
  • Doesn't your underinsured motorist claim deserve to be handled by an auto accident attorney with 28 years of experience whose only job is to protect the rights of personal injury victims?

What is an underinsured motorist claim?

  • Owners of motor vehicles in Pennsylvania can purchase optional insurance coverage that can, in certain circumstances, provide them and their resident family members with additional insurance payments if they have been involved in a car crash.
  • This coverage could apply when they have been injured by a negligent driver whose insurance limits are less than the value of the injuries sustained by the car accident victim(s).

Please CONTACT ME to have an underinsured motorist claim lawyer with 28 years of experience review your underinsured motorist claim.

I was driving my SUV on I-78 east of Bethlehem, PA when I was rear-ended.  Can I make an underinsured motorist claim because of this car accident?

  • If you paid for underinsured motorist coverage, the answer would be yes - if the value of your injuries is greater than the individual liability limit of the negligent driver.

I was hit by a car on Rt. 313 near Quakertown, PA.  The car only had minimal insurance coverage.  How soon should I hire an underinsured motorist claim lawyer who only represents injured victims?

  • As soon as you can!  From the very beginning, it is critical that you have an experienced professional whose only job is to look out for your interests.
  • Remember, the employees of the insurance companies have 3 goals:

    • to always protect the interests of their insurance company
    • to resolve the underinsured motorist claim as quickly as possible
    • to pay as little as possible on the UIM claim.

Please visit CLIENT REVIEWS to read about the experiences of over 20 of Attorney Newell's former personal injury clients.

I was driving on Rt. 611 by Doylestown, PA when a car came out of a side street and hit my car.  If I make an underinsured motorist claim against my automobile insurance company, will my insurance rates increase?

  • No.  Your auto insurance carrier cannot raise your insurance premium because of the UIM claim.  The underinsured motorist claim payment is not being made because of any fault of yours.

I was injured while a passenger in a neighbor's car.  We were side-swiped by a truck when we were driving on I-80 outside of Stroudsburg, PA.  Can I make an underinsured motorist claim as a result of this car crash?

  • Possibly - because there are issues concerning the policy limit of the truck that hit you, the underinsured motorist coverage, if any, of the car that you were in, as well as your own underinsured motorist policy.  These are matters that must be thoroughly analyzed by your underinsured motorist claim lawyer.
  • It is important that your attorney promptly contact all the insurance companies and obtain the necessary insurance coverage information to permit an expert analysis of the potential settlement value of your car accident case.

Can I buy underinsured motorist coverage limits greater than the liability limits on my automobile insurance policy?

  • No.  The highest amount of coverage for UIM protection would be the bodily injury liability coverage you paid for on your motor vehicle insurance policy.

Please go to HOME for detailed information regarding Attorney Newell's qualifications and experience to represent personal injury victims making an underinsured motorist claim.


Pennsylvania Underinsured Motorist Settlements/Verdicts

For 28 years, Attorney Newell has represented victims in car crash cases, including those injured by negligent drivers who did not have sufficient insurance coverage.

Listed below are summaries of some UIM claims that Attorney Newell has successfully settled or arbitrated.  Please bear in mind that each underinsured motorist claim must be evaluated by way of a number of critical facts, including - how the auto accident happened, the violations of the PA Vehicle Code, whether the victim struck the interior of the car, the type of injuries and, the available underinsured motorist coverage limit(s).

The result Attorney Newell obtained for a particular underinsured motorist claim victim does not guarantee the same settlement in another car accident case.

Pike County, PA

 $350,000.00

An underinsured motorist claim occurred after a car accident on Rt. 209 near Bushkill, PA.  A Pocono Mts. resident was a passenger in a car when their motor vehicle was rear-ended and forced off the road into an embankment.  The reckless driver who caused this car crash fled the scene.  Fortunately, the PA State Police were able to track him down and charged him with drunk driving.

The car accident victim was taken by ambulance to Pocono Medical Center in East Stroudsburg.  Due to the severity of her injuries, she was immediately transferred to the Lehigh Valley Trauma Unit in Allentown.  The diagnosis was - a left knee torn meniscus, right hip fracture, right femur fracture, left kneecap fracture and a left femur fracture.  Numerous surgeries were performed with pins, screws and plates used to stabilize the fractures.

The Pocono Mts. resident was an in-patient at Lehigh Valley Hospital for 10 days.  The car crash victim was then sent to a rehabilitation facility in the Lehigh Valley for an additional week.

Unfortunately, she returned to the hospital in Allentown to undergo an additional surgery as there was a non-union of the fracture site in her right leg.  Her Lehigh Valley area orthopaedic surgeon installed a rod to stabilize the severely traumatized area.

Meanwhile, Attorney Newell was sending all of the car accident victim's medical records to the defense adjuster representing the DUI driver.  After his insurance company agreed to a settlement by paying its $250,000.00 coverage limit, an underinsured motorist claim was brought against the personal injury victim's own car insurance company.

Attorney Newell was able to obtain the $100,000.00 UIM insurance policy limit.  The total settlement amount of $350,000.00 was the maximum insurance coverage compensation available to the car accident victim.

Please visit CAR ACCIDENT SETTLEMENTS for summaries of additional car accident settlements and verdicts obtained by Attorney Newell.

Lehigh County, PA

$225,000.00

An Allentown, PA resident was driving her car on Lehigh Street in Allentown when she was rear-ended by a negligent driver from Whitehall.  The underinsured motorist victim complained of severe pain in her neck and left shoulder and, was taken by ambulance to St. Luke's Hospital in Bethlehem.  An MRI showed that she had a cervical herniated disc.

A rigorous regimen of physical therapy took place in Bethlehem, Pennsylvania.  In addition, a pain management specialist from the Lehigh Valley injected the area around her neck disk herniation with 3 facet joint injections, 3 epidural steroid injections and 2 nerve root block injections.

At the same time, the car accident victim continued to complain of weakness, numbness and a tingling sensation in her left shoulder and left arm.  A doctor from the Easton Orthopaedic Group administered a cortisone shot into her left shoulder which, unfortunately, did not provide her with any significant relief.

The Lehigh Valley area resident was diagnosed with subacromial impingement and tendinitis.  Her Easton Orthopaedic Group surgeon performed surgery which he described as an arthroscopy and subacromial decompression with coracoacromial ligament release and acromioplasty of the left shoulder.

Unfortunately, the car crash victim had to undergo a second shoulder surgery to have her scapula scraped to remove adhesions that had built up as a result of the trauma from her car crash.

The insurance company of the negligent driver refused to pay its policy limit of $100,000.00.  Attorney Newell filed a lawsuit on behalf of the personal injury victim.  After the Complaint was filed and discovery requests answered, the defense lawyer agreed with Attorney Newell and arranged for the maximum payment to be made.

Simultaneously, her car accident lawyer was also pursuing an underinsured motorist claim against his client's car insurance carrier.  Ultimately, a $125,000.00 UIM settlement was agreed upon.  This resulted in a total payment of $225,000.00 for the car crash victim.

Monroe County, PA 

$115,000.00

A young lady from the Stroudsburg area was driving on Rt. 209 when a car came into her lane causing a head-on car crash.  The underinsured motorist victim was thrown into the windshield resulting in an immediate loss of consciousness.

The Monroe County resident's right ear was nearly severed from her head.  She was rushed by ambulance to Pocono Medical Center in East Stroudsburg where the doctors expertly re-attached her ear.  The car accident victim also had a broken nose and 5 fractured toes.

The reckless driver responsible for this horrible collision only had the Pennsylvania minimum liability coverage of $15,000.00.  After that had been paid, Attorney Newell presented an underinsured motorist claim to the car accident victim's insurance company.  They agreed to pay the maximum amount of UIM coverage under the policy - $100,000.00.  The car crash victim obtained the maximum insurance payout possible - $115,000.00.

Please visit UNINSURED MOTORIST CLAIM for case settlements and verdicts in car accidents involving uninsured motorists.

Berks County, PA 

 $77,500.00 

A Berks County resident was driving her car through an intersection with Rt. 222 when a negligent driver made a left turn directly in front of her causing a car accident.  The underinsured motorist claim victim was propelled forward into the steering wheel and windshield.

The personal injury victim received medical care at the Reading Hospital and Medical Center, as well as from her family doctor for her jaw pain and severe headaches.  The car crash victim was sent to a TMJ specialist who diagnosed her as suffering from bilateral disc displacements within the TM Joint Complex.

Medications and the use of an appliance did not alleviate her symptoms.  Four different steroid injections were administered.  Ultimately, braces were installed and required to be worn for 2 years.   Thereafter, the personal injury victim will be required to wear retainers.

Her underinsured motorist claim attorney obtained settlements from the car accident victim's Workmen's Compensation carrier and the Defendant's insurance company.  He also made an underinsured motorist claim on behalf of the Berks County resident.  The total settlement payout was $77,500.00.

Montgomery County, PA 

$40,000.00

A gentleman from Sellersville, PA was driving his car on Rt. 309 in Montgomery County when he was rear-ended.  The underinsured motorist victim received medical care at Central Montgomery Medical Center in Lansdale, Pennsylvania.

As a result of ongoing complaints of headaches, as well as neck and back pain, the Bucks County resident began to receive chiropractic care from a Telford, PA Doctor of Chiropractic medicine.  He also received physical therapy from specialists in Lansdale.

The car crash victim had an important job with a government agency that required frequent overseas trips.  His family doctor from Hatfield disabled him from working - as the condition of his neck and back prevented the Sellersville resident from going on long flights.

The insurance company for the Defendant initially refused to make any payments for the personal injury victim's lost wages.  Only after Attorney Newell threatened to file a lawsuit did they make an appropriate settlement offer for all of his injuries.

Once that settlement was reached, the underinsured motorist lawyer made a claim against the car accident victim's own automobile insurance company.  Shortly thereafter, the underinsured motorist claim was settled.  A total settlement of $40,000.00 was agreed to as fair compensation for the wage loss and pain and suffering claims of the Bucks County resident.

Disclaimer

Attorney Thomas Newell provides the content of this website for informational purposes only. Nothing provided in this website should be interpreted as being legal advice. The laws in the Commonwealth of Pennsylvania regarding underinsured motorist claims are constantly evolving and changing. You are strongly advised to hire an underinsured motorist claim lawyer licensed to practice law in the Commonwealth of Pennsylvania.

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PA UIM Legal Decisions

A 2008 Pennsylvania Commonwealth Court ruling had a major impact on underinsured motorist claims arising out of a workplace motor vehicle collision.  The personal injury victim was a police officer who was injured in a car accident while on patrol.  The township which employed him provided the officer with Workers' Compensation benefits covering his medical bills and lost wages.  The car crash victim obtained a settlement for his pain and suffering from the defendant's car insurance company.

The officer then made underinsured motorist claims against both his own automobile insurance company, as well as the township's car insurance carrier.  The Court of Common Pleas of Venago County, PA denied his UIM claim versus the township.  The PA Appeals Court affirmed the trial court and denied the police officer the opportunity to make an underinsured motorist claim against his employer's automobile insurance company.