A Few "Basics" About Automobile Claims and Automobile Insurance:
1. ABOUT YOUR MEDICAL BILLS:
If you are injured in a motor vehicle accident, your medical bills will be paid by your insurance, even if the accident is the fault of someone else. The medical insurance that you have under your automobile policy will be primary, and, if that is used up, your health insurance takes over. The advantages to having ample medical coverage under your automobile policy are that you will not have the deductibles that you have under your health insurance policy, and you are not using up a lifetime limit which your health insurance might have. In addition, if medical bills are paid by Medicare, Medicare will be entitled to be repaid from the proceeds of any recovery received from someone else at fault for the accident. The same rule may apply if medical bills are paid by an employer-funded health plan. Consequently, your ability to receive full compensation for your injuries may be significantly compromised by having medical bills paid from a source other than your automobile insurance.
2. ABOUT YOUR WAGE LOSS:
Wage loss coverage under your automobile insurance policy is very important and many people do not realize it. If you are involved in an automobile accident and you will be out of work for several months, the only place to look for lost wages is your automobile insurance policy or a disability insurance policy, which most people do not have. Even if the automobile accident is caused by someone else's negligence, it will likely take a year or two to resolve your claim, and the only money that will be coming in while you are out of work is wage loss coverage under your automobile insurance or disability insurance.
3. ABOUT "GAP" INSURANCE:
If you lease an automobile, you should consider purchasing what is commonly called "gap" insurance. Ordinarily, if your car is destroyed in an accident, you have continuing liability under the lease. Collision coverage may be paid for the market value of the car, but if the market value is below the residual buy-out price of the car, you may have exposure for the difference between what the insurance company pays and the residual buy-out price. By purchasing "gap" coverage, you can avoid personal exposure for that problem.
4. ABOUT LIABILITY INSURANCE:
Liability insurance protects you or anyone driving your car with your permission if there is an accident which is caused by your negligence or the negligence of someone driving your automobile with your permission. Pennsylvania law requires that anyone owning (or leasing) an automobile have liability insurance protection of at least $15,000.00 for claims of any one person injured in an accident and $30,000.00 for claims of multiple persons injured in an accident. You should carry as much liability insurance protection as you can comfortably afford.
5. ABOUT UNDERINSURED/UNINSURED MOTORIST INSURANCE:
Underinsured and uninsured motorist protection is insurance protection under your policy that offers you protection if you are involved in an automobile accident caused by the negligence of someone else and that other person either has no liability insurance (which unfortunately frequently happens even though the law requires everyone to purchase insurance) or if the other person has insufficient insurance to fully compensate you for your injuries. By law, an insurance company must offer you the right to purchase uninsured/underinsured coverage which is at least equivalent to the amount of liability insurance which you purchase. In addition, an insurance company must offer you the ability to "stack" your uninsured/underinsured coverages. This means that, if there are three automobiles insured under your policy, the available limits of your uninsured/underinsured coverage are actually tripled. You should consider purchasing as much uninsured/underinsured motorist coverage as you can comfortably afford, and you should request stacking in order to improve your chances of being fully compensated for injuries received in an automobile accident caused by someone else's negligence.
6. ABOUT "LIMITED TORT" AND "FULL TORT" PROTECTION:
When you purchase automobile insurance, you will be given a choice of purchasing insurance with a "limited tort" or "full tort" option. We encourage everyone to purchase insurance with a "full tort" option. If insurance is purchased with a "limited tort" option, it will restrict your ability to sue someone you believe is at fault for injuries you have suffered in an automobile accident and it will also impede your ability to assert claims under your own insurance for uninsured/underinsured motorist coverage. Frequently, injuries which you may consider to be "serious" or painful will not provide a basis for filing a lawsuit against a responsible person if you have selected "limited tort" coverage, and, even it turns out that they do, it will be time-consuming and expensive to resolve the initial question of whether or not your injuries are of the type which will permit you to file a lawsuit.
7. ABOUT THE STATUTE OF LIMITATIONS:
As a general proposition, a lawsuit based upon injuries received as a result of a motor vehicle accident must be filed within two (2) years of the date of the accident.
If you have been injured as a result of a motor vehicle accident which you believe was caused by the fault of someone else, we would be pleased to meet with you to discuss the matter and explore your options. Please call Mark H. Scoblionko at (610) 434-7138, extension 12, to schedule an appointment.
A FEW "BASICS" ABOUT MEDICAL MALPRACTICE CLAIMS:
About Medical Negligence and Informed Consent:
As a general proposition, medical malpractice claims can be based upon negligence or lack of informed consent, or a combination. For a claimant to recover on a theory of medical negligence, it is necessary to prove that a physician was careless or deviated from acceptable standards of the profession. For a claimant to recover on a theory of lack of informed consent, it is necessary to prove that the physician failed to obtain informed consent from a patient before performing a surgical or other invasive procedure. A claim for lack of informed consent may be utilized as a basis for recovery only where there has been a surgical or other invasive procedure.
About the Statute of Limitations:
As a general proposition medical malpractice actions must be brought within two (2) years of the alleged medical malpractice. Under certain circumstances, where the patient has no reason to believe that malpractice has occurred, or he has been lulled into a false sense of security by the physician, the time for bringing a malpractice action may be extended under what is commonly referred to as the "discovery rule." If that rule applies, time for bringing a suit will be extended to two (2) years from the point that the plaintiff reasonably should have been on notice that malpractice had occurred.
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Each prospective claim must be thoroughly reviewed between client and attorney. SSMB&M offers a personal approach to the evaluation, preparation and handling of medical malpractice cases by Mark H. Scoblionko, an attorney who has been trying cases since the early 1970's. If you would like to discuss a potential medical malpractice clai, please call Attorney Scoblionko at (610) 434-7138, extension 12.
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.
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