Q

Get a Free Consultation

(215) 985-0777

    Spam Filter:  

    Q
    Get a Free Consultation

      Spam Filter:  

      Philly Car Accidents – Medical Bills & Lost Wages

      Hundreds of car accidents happen every day in Philadelphia and the surrounding counties, like Delaware and Montgomery counties. When serious accidents happen, injured drivers, passengers and pedestrians will need medical treatment, and in some cases, severe injuries result in lost wages. For example, a driver in Philadelphia is hit at an intersection and suffers a serious shoulder injury and a fracture in her dominant, right arm. As a result, she is out of work for 3 months due to surgeries and physical therapy. Her medical bills add up to $50,000, and her lost wages add up to $12,000.

      PIP Claims for Medical Bills & Lost Wages

      Every car insurance policy issued in this state is required to provide a specific type of coverage known as PIP (Personal Injury Protection). This coverage kicks in when an insured (or family member) is injured in an accident.

      There are different types of PIP benefits available:

      • medical bills,
      • home help costs,
      • lost wages, and
      • funeral benefits.

      Under PA law, PIP MUST cover medical bills, but PIP is optional for all other types of coverage, like lost wages. Insurance companies are required to at least offer the other types of PIP benefits. Some people opt out of PIP coverage for lost wages or funeral expenses and only get basic PIP coverage for medical treatment. PA law requires a minimum of $5,000 of PIP coverage for medical bills, although many PA residents choose higher PIP coverage amounts.

      PIP is available regardless of fault. If you’re injured and need medical treatment, you’re eligible for PIP benefits on your own policy, regardless of whose fault the accident was.

      Looking at the above example, who pays for the $50,000+ medical bills and her lost earnings of $12,000? The answer depends on who caused it and the types and amounts of auto insurance coverages at play.

      You Caused the Accident

      Let’s say that the driver caused the accident by running a red light. Accordingly, she is limited in her ability to seek compensation. Her own auto policy would be the sole source of any benefits. Her PIP coverage would kick in and cover the medical bills, up to the amount she purchased. If she bought $5,000 of PIP, then she’s maxed at $5,000. If she bought $10,000 of PIP, then she’s maxed at $10,000. She may be able to receive some of the $12,000 in lost wages if her PIP coverage allows for it. PIP claims for lost wages only provide a percentage of the loss, and there are other limitations, like a 5 day waiting period. In addition to, or in lieu of PIP for lost wages, the individual in this example could seek coverage under any applicable short or long term disability plans.

      Someone Else Caused the Accident

      Using the same example above, let’s say another driver caused the accident. The person in our example could still make a PIP claim for the $50,000 of medical bills, subject to her PIP coverage limits (i.e., the amount of coverage she bought). The same thing goes for the $12,000 of lost wages.

      However, because another driver caused the accident, our injured driver can seek compensation from the at-fault party. What the injured driver can obtain depends on a very complex law known as limited tort. Learn more about limited tort law in Pennsylvania. Assuming our injured driver gets over the limited tort law, she could seek financial compensation for:

      • all medical bills and lost wages that weren’t otherwise covered by PIP,
      • out of pocket expenses, and
      • pain and suffering.

      UIM/UM Coverage

      In some cases, an injured driver can make a Pennsylvania UIM/UM (underinsured/uninsured motorist) claim against their own car insurance company. This claim kicks in when the other, at-fault driver didn’t have enough of their own car insurance to provide compensation for the injured person (underinsured) or didn’t have any coverage at all (uninsured).

      Although UIM/UM coverage is optional in Pennsylvania, it’s one of the most important car insurance coverages available. Unfortunately, many PA residents opt out.

      Philadelphia Car Accident & Injury Law Firm – Top Rated by Super Lawyers

      Call Namerow Law for a FREE CONSULTATION. We’ve recovered max car insurance policy amounts for clients injured in car, truck and pedestrian accidents. Firm partner Jordan Namerow is a Top Rated Personal Injury Lawyer. (215) 985-0777

      Car accident cases accepted in Philadelphia, Delaware County, Montgomery County, and throughout other parts of Pennsylvania and New Jersey.

      FREE CONSULTATIONS (215) 985-0777

      {

      Jordan Namerow is a lawyer who goes above and beyond. I would highly recommend him to anyone seeking legal representation on a personal injury case.

      {
      5
      April G.
      {

      I had a fabulous experience using Jordan Namerow as my attorney. He was knowledgeable, personable, honest, responsive, and best of all, easy to talk to. 

      {
      5
      Tara D.
      {

      Jordan is a great lawyer. He is very efficient, loyal and supportive. I would recommend him to anyone. He gets the job done. 

      {
      5
      Terrance M.
      {

      Mr. Jordan Namerow a very good attorney, I would recommend him in a heart beat. The company is good, just good all around. Thank you.

      {
      5
      Kim O.
      {

      I really thank you for helping me with everything, best lawyer ever.

      {
      5
      Pablo D.
      {

      Great, professional, nice, takes his time to make sure you understand everything.  Ensures everything will be taken care of.

      {
      5
      P.B

      Why Can’t I Sue for Pain and Suffering After a Philadelphia Car Accident if I Have Limited Tort?

      If you were injured in a car accident, you may not be able to sue the at-fault driver because of your insurance policy. If you elected limited tort, you may not sue for pain and suffering damages unless certain exceptions apply. Learn more here.

      What is a UIM claim in Pennsylvania?

      Pennsylvania UIM claims can be filed where a negligent driver didn’t have enough insurance coverage to compensate you for your injuries and damages. But, UIM coverage is optional, and some people don’t purchase it. If you didn’t purchase UIM, you can’t make a claim.

      What Happens When a Philadelphia Driver is in a Car Accident in New Jersey?

      What happens when a Philadelphia resident and driver is injured in a car accident in New Jersey? Are his or her legal rights affected? Does their tort election on their car insurance policies affect their legal rights? See discussion here.

      Talking to Insurance Companies After a Philadelphia, PA Car Accident – Who Should You Talk To?

      By a Philadelphia Car Accident Lawyer Drivers and passengers injured in Philadelphia car accidents may receive financial compensation from the at-fault drivers' insurance company via their liability coverage.  Injured individuals may also think that their medical...

      Recent SEPTA Accident in Philadelphia Injures 42 People

      Early Tuesday morning around 12:15am, a SEPTA Norristown High Speed Line train ran into a parked train inside the 69th Street Transportation Center in Upper Darby.  The parked train did not have passengers; however, 42 people on the train, including the conductor,...