1.) What should I do if I am in a car accident in Erie?
First of all, if you are hurt get to a hospital or doctor’s office. When you get to the doctor be sure to let them know that you were in an accident and let them know all that hurts. This is not the time to suffer in silence. If you have symptoms that you did not have prior to the accident, let the doctor know.
Second, be sure to get information from the other person(s) in the accident; name, address, insurance information. If necessary, call for the police and ambulance. If the police are there, they will get the information you need.
2.) Do I have to talk to the Insurance Company?
After the accident, do not give a statement to the other driver’s insurance company. You have no obligation to help this insurance company build its case against you. The adjuster will no doubt be friendly to you on the phone as they want to get information from you, information to help them defend the case against you. Contrary to what the commercials say, the insurance company is not your good neighbor and you should not talk to them like they are. It is the adjuster’s job to protect its insured, not to help you with your claim. You will probably notice a change in the adjuster’s demeanor when you will not give them a statement.
You will need to speak with the adjuster for your own insurance company. This adjuster will be helping you get your medical bills paid and your lost wages paid if you have that type of coverage. Your claim will be given a claim number. This is how the insurance company identifies your claim; you should always have your claim number handy when calling your adjuster. Be sure that the adjuster you are talking with is the adjuster for the payment of your medical bills. Especially in Erie, automobile accidents will frequently have the same company insuring both parties in the accident. For example, Erie Insurance will frequently insure both parties in accidents in this area because they have such a large portion of the market share. Just be sure the claim number the adjuster is calling about is your medical claim number and you should be fine.
3.) How will my medical bills be paid after an auto accident?
In Pennsylvania, when you are in an automobile accident your own automobile insurance takes care of your medical bills. To drive a car in Pennsylvania the owner has to have a minimum of $5,000 in medical coverage. When the automobile policy is exhausted (used up) your health insurance will begin to pay your bills. Depending on the type of plan, your health care plan may be entitled to repayment from any settlement that you may receive. You should not settle your case without knowing if your health insurance company is entitled to repayment. This is an area that you really should have an attorney on your case. First of all if you have exhausted your automobile insurance medical coverage you probably have fairly serious injuries. Second, your health insurance plan’s right to recovery is a very complicated area of the law and a mistake here can cost you a great amount of money. Health care plans routinely ask for repayment from your recovery even though they are not entitled to it. Do not complete any forms for your health insurance plan without speaking with an attorney first.
4.) How will I be able to afford an attorney?
Whether you ask an attorney from Erie or Pittsburgh or Meadville or from any other part of Northwestern Pennsylvania, automobile accident cases are handled on a contingent fee basis. What’s a contingent fee? It means that the attorney doesn’t get paid unless you recover. There is no upfront fee; the attorney will get a percentage of the amount that you recover. The percentage is usually around 1/3 of the recovery; the percentage is usually higher if the case goes to trial. The contingent fee allows individuals to obtain an attorney at a time when money is probably not coming into the household and they could not afford to pay for an attorney.
Just look at all the lawyer commercials on TV, in one way or another; they all stress the no fee without recovery concept. While the commercials might appear to make this some sort of special feature of that law firm, really all personal injury firms represent the injured parties (plaintiffs) on a contingent fee basis. The fee should really not be the main reason you choose a law firm to represent you.
5.) How much is my case worth?
This is sometimes the first question on a client’s mind when they contact a lawyer. If they are being honest with you, no lawyer can tell you the value of your case at the first interview. There are way too many variables that go into determining the value of the case. Only after you are done treating with your doctor can the true value of your case be determined. It is then that the true extent of your injuries and damages can be determined.
6.) How long until my case gets settled?
That depends on many variables. First, is how long your medical care will last. You usually do not want to settle a case before you have been either released from care from your doctor or your doctor says this is basically as good as you are going to get. Most injuries take at least 6-9 months to heal, some take even longer. But until a medical picture for your future is clear, your case should not be settled.
Another issue to consider will be if there are any contested issues in your case. Sometimes liability is not clear for an accident as both parties claim the other party is at fault. This could increase the time for your case to be settled as liability issues can lead to your case requiring a lawsuit to be filed. If your case requires a lawsuit you may be looking at 2 years or longer for your case to be resolved.
