A car crash can be life-changing. While the damage to your vehicle can be an annoyance, nothing is worse than living with serious injuries. Emotional trauma may also weigh on you and your family. On top of these challenges, going it alone against a massive insurance company will make things even worse. In fact, the insurance company adjusters are trained to seize this opportunity when you’re distracted and injured to pay you less (and increase its profits). Our Pennsylvania car accident lawyers can help.
Ostroff Godshall Injury and Accident Lawyers has obtained million-dollar recoveries for families across Pennsylvania for over 30 years. In fact, Jon Ostroff is one of the few lawyers in America who has helped more than 30,000 Pennsylvania accident victims over the past 30 years. In one recent case, our firm obtained a settlement of over $7.5 million for family members who were injured in a rural highway crash that occurred in central Pennsylvania.
Car accidents are the most common cause of personal injuries in Pennsylvania by far. However, these collisions also make for some of the most complicated personal injury claims. Whether you want to maximize the compensation you can get through the insurance company for the at-fault driver or from your own insurance policy, you need help from a skilled personal injury lawyer. Our firm will provide crucial guidance during settlement negotiations with insurance companies and legal proceedings.
“No Fault” Insurance in Pennsylvania
“No fault” insurance is the law in Pennsylvania. The term “no fault” refers to the application of benefits from the injured victim’s policy in a Pennsylvania car crash.
“No fault” insurance coverage simply means that regardless of which party is at fault for a crash, certain benefits, such as medical and wage loss coverage, will be covered by the injured party’s insurance policy. If you, or a family member that resides with you, were injured in a car crash, benefits that you purchased on your insurance policy will be the source of payment that covers you and your family members. If you use up the benefits you purchased, then you can pursue the balance of these losses from the at fault driver’s insurance policy.
For example, if you purchased a medical benefit of $5,000 on your auto insurance policy and you were injured in a car accident caused by another party, your insurance company will still be required to pay your medical benefits up to $5,000. If your medical bills exceed $5,000, the at fault party (and their insurance) will be responsible for the balance of your medical bills over $5,000.
Your insurance company cannot raise your insurance premium if you were not at fault for a crash.
Your Pennsylvania car wreck lawyer must make sure that both your insurance company and the other party’s company pay the benefits that they are responsible for. Your attorney should also make sure that your insurance premiums do not go up if you weren’t at fault for your crash.
Limited and Full Tort Insurance
According to 75 Pennsylvania Statutes §1705, insurance companies must offer—and inform that they offer—two types of motor vehicle insurance: “limited tort” and “full tort” coverage.
Limited Tort Coverage
“Limited tort” coverage can prevent an injured party from receiving compensation for pain and suffering, even if they were not a fault for a crash. There are numerous important exceptions to this limitation for pain and suffering. If one of these exceptions applies to your crash, then limited tort will not apply and you can receive full compensation from the at-fault party.
Limited tort will not limit your right to be fully compensated for your pain and suffering if one of these exceptions applies to your accident:
- You were in a commercial vehicle
- You were a pedestrian and were not in a car when you were struck by another car
- You were on a motorcycle
- The at-fault driver is convicted of DUI
- The at-fault vehicle was not registered in Pennsylvania
- You sustained a “serious injury” under PA law, which requires you to have suffered a “serious impairment to a significant bodily function”
- Your insurance company did not provide you with proper notice, or obtain the necessary paperwork, required under Pennsylvania law related to your options with both limited and full tort
Seeking Recovery for Clients with Limited Tort
Limited tort became part of Pennsylvania law in 1990. Jon Ostroff, the founder of Ostroff Godshall Injury and Accident Lawyers, has been obtaining substantial recoveries for limited tort accident victims since it became the law. Jon and his team of lawyers are known across PA for obtaining great results for limited tort clients. In fact, even after other auto accident lawyers turn away cases due to limited tort, Ostroff Godshall Injury and Accident Lawyers has accepted these cases and obtained astounding results.
After Tom B. from Coatesville, PA was turned away by another personal injury law firm that didn’t believe they could obtain a recovery due to limited tort, Jon obtained a $1,950,000 recovery for Tom. In another case against Progressive Insurance Company, Jon obtained a $1.3 million award for Richard D. from Honesdale, PA. Rich suffered a severe ankle injury after a drunk driver struck his vehicle. MADD referred the victim to Ostroff Godshall Injury and Accident Lawyers. Progressive Insurance’s maximum settlement offer to Rich prior to his arbitration proceeding was $350,000.
Thirty years of winning major verdicts and settlements in limited tort cases from Philly to Pittsburgh speaks for itself. This is why so many of the largest law firms in Pennsylvania refer their limited tort clients to Ostroff Godshall Injury and Accident Lawyers. Law firms and insurance companies across PA know that we will give limited tort clients their best chance of obtaining a substantial recovery for their pain and suffering.
Full Tort Coverage
“Full tort” coverage allows recovery for both economic and non-economic damages from a car wreck. Whether a claimant is considered full tort by choosing this option on their insurance policy, or the application of a limited tort exception listed above, they will be entitled to a full recovery.
30 Days to Settle Program at Ostroff Godshall Injury and Accident Lawyers
When a person sustains serious injuries in an accident, the insurance company involved will try to take advantage of the situation. Insurers did not become multi-billion companies by fairly and easily paying benefits. The less they pay, the more they profit. These companies know most people are unfamiliar with their legal rights. They also assume victims do not know the value of their injury claim. Unfortunately, adjusters persuade many victims to settle for far less than what their claim is worth.
When someone is injured in a car collision, the insurance company uses tactics to try to delay or avoid paying them. However, insurers pay almost triple when a lawyer represents the victim. Adjusters know that the local attorneys at Ostroff Godshall Injury and Accident Lawyers will NOT settle a vehicle collision claim for less than it is worth. Our 30 Days to Settle program helps clients get full compensation. When it is time to settle a claim for our client, we give the insurer 30 days to pay you, or we sue.
Filing Deadlines for Civil Litigation
After a car accident, injured parties only have a limited time to file a lawsuit. Under 42 Pennsylvania Consolidated Statutes § 5524, the deadline for most claims is two years from the date of the accident or the date the accident victim first discovered their injuries. In light of this deadline, seeking help from a determined lawyer in Pennsylvania is especially important in car crash cases. An attorney can help file a timely claim.
Benefits of Hiring Ostroff Godshall Injury and Accident Lawyers
A severe car crash will change your life forever. Before medical bills pile up or the insurance company calls, it is best to contact a qualified law firm. Hiring a reputable auto wreck attorney will send the insurance company a message that the injured party is serious about recovery. Here are the benefits of calling Ostroff Godshall Injury and Accident Lawyers:
- Results. Our lawyers have a track record of multi-million-dollar recoveries on behalf of seriously injured PA auto accident victims.
- For his legal work, Jon has been honored by the U.S. Supreme Court, Forbes Magazine, Trial Lawyers Care, and others. He has appeared on CNN and news stations and newspapers regularly.
- Reputation. When Ostroff Godshall Injury and Accident Lawyers enters its appearance on behalf of a client, the insurance company knows they are facing a tough, no-nonsense law firm that will fight like hell for its clients. They also know if they won’t make a strong settlement offer, Ostroff Godshall Injury and Accident Lawyers won’t hesitate to go to trial and do what it takes to win big. When Jon Ostroff shows up to speak before an audience of lawyers on various motor vehicle crash topics, lawyers show up to listen and learn.
- The largest law firms in PA refer injured auto crash clients to Ostroff Godshall Injury and Accident Lawyers across PA. Since the 1990s, MADD of PA has recommended Jon Ostroff Godshall Injury and Accident Lawyers as the law firm to call for those injured in a drunk driving crash. Clients of Ostroff Godshall Injury and Accident Lawyers routinely refer injured friends and family to Ostroff Godshall Injury and Accident Lawyers.
Learn More by Talking to a Pennsylvania Car Accident Attorney
No matter the situation, it is difficult to reach a positive outcome in a car accident case alone. Insurance adjusters and defense attorneys know all the tricks to minimize liability for the parties they represent. Hiring a knowledgeable and renowned personal injury law firm is the only way to level the playing field and get the settlement or verdict that is due.
Our firm cares about our clients. We are dedicated to getting injured car accident victims the money they are due. If you or a loved one was injured, call Ostroff Godshall Injury and Accident Lawyers for a free consult with a Pennsylvania car accident lawyer.
We can arrange a meeting at one of our offices or at a location of your choosing, such as your home, work, or hospital. Our team is ready to speak with you 24 hours a day, seven days a week. When you call, we’ll listen to your story and explain what our firm can do for you.
