A Few Things The Insurance Company Won't Tell You When You Have A Claim

The other person's insurance company may have called you very soon after your accident. They may tell you a lot of things, but most likely they won't tell you these things:

- They are not on your side; the adjuster's job is to save the company money, not pay the full amount they owe you.

- You do NOT need to give a recorded statement to the other insurance company for them to adust the claim. In fact, you probably should not give them a recorded statement.

- If you have limited tort, you can still get pain and suffering (also called bodily injury) damages; and, the injury does not have to be permanent.

- If your car is totaled, you do not have to let the other person's injurance company move your car to their salvage lot; in fact, you probably do not want to agree to let them move it until you have agreed to a value on the property damage.

- You do not have to sign a medical authorization for the other person's insurance company

- They are professionals at this, do it every day, and what they tell you the claim is worth is not necessarily what you should settle for.

- People statistically net a better recovery when they retain a good lawyer.

If you have further questions, feel free to contact us.


David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
(610) 792-3304

Am I entitled to Personal Injury damages for an aggravation of an pre-existing condition or injury?

In Pennsylvania, if you had an existing condition which is aggravated due to an accident, then you are entitled to recover damages.

For example, you had a previous back condition for which you had medical treatment. You are rear-ended in a car accident and now your back is much worse. Pennsylvania law says that you have a valid claim for any aggravation of a condition caused by the negligence of the at-fault driver. So, the insurance company for the other driver will be responsible to reimburse you for the aggravation injury.

If your injury claim were to go to a jury trial, the Judge would refer to the Pennsylvania Standard Civil Jury Instructions when giving instructions to the Jur. "Aggravation" of a pre-existing condition has its own jury instruction. It is:

If you find that the Plaintiff did have a pre[-]existing condition that was aggravated by the Defendant's negligence, the Defendant is responsible for any aggravation caused by the accident.

Motorcycle Safety- National Highway Traffic Safety Administration

Excerpt:

Riding Safely - NHTSA’s motorcycle safety program focuses on three areas: preventing crashes, preventing crash-related injuries, and limiting the seriousness of these injuries through appropriate emergency medical response.

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See link:

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