Insurance Company Repaired My Car After Pennsylvania Car Accident- But Isn't It Worth Less?

Your were in a car accident in Pennsylvania. The car was repaired by the insurance company. Were you really "made whole"? Did the repairs really restore your car and put you back in the position you were in before the accident? What about the Carfax Report? These are good questions. "Diminished Value" Claims address this. The mere fact that your vehicle was in a crash will affect it's market value because it is now less desirable. Another issue is whether the repairs were properly done. You may consider having a licensed appraiser examine the car after the repairs are done to determine if there is a valid diminished value claim and what that value is. The claim for Diminished Value can be made. You have the burden of proving the claim. Typically, evidence would be either a sale of your vehicle after the repairs. If the sale was less than the market value for a like-kind (same) vehicle that was not in a crash, then that may be evidence of Diminished Value. Otherwise, without proof of a sale, an expert appraisal of the Diminished Value damage would probably be needed. If you are not able to get the other person's insurance company to pay for diminished value damages under the property damage claim, you may need to file with the appropriate Court as part of a general damages case. If you are injured or have other economic damages due to the car accident, then you should consult with an experienced personal injury lawyer. Be careful about signing any releases or documents for the other person's insurance company without first meeting or consulting with an experienced lawyer.

6 Reasons The Insurance Company May Be Wrong When They Say You Don't Have a Case Because You Have Limited Tort

Injured in a car accident in Pennsylvania and have limited tort? Don't just accept the Insurance Company's word that you don't have a case. Before we get to the exceptions, you need to understand that limited tort only applies to the "bodily injury" (pain and suffering) part of your claim. You do not have any restrictions on your right to recover for "economic" losses (such as wage loss, medical bills, out of pocket expenses). Beyond that, there are 6 different exceptions to Limited Tort. If any apply, you can recover compensation for your bodily injuries and pain and suffering. Let's look at the list: "Automatic Exceptions" (these are automatic because if any apply to you, then you are considered to be full tort for purposes of the claim): 1. You were a pedestrian (that is, you were either walking or riding your bicycle when hit by the at-fault driver's car); 2. You were either driving or a passenger in a commercial vehicle (for example, you were on a bus, driving your company car, or a passenger in someone else's company car; the vehicle must be registered to a business or company not an individual person for personal use); 3. You were on a motorcycle; 4. The at-fault driver was convicted of DUI (or pleads guilty or goes onto "ARD" for DUI); OR 5. The at-fault driver was driving a car registered in a different state than Pennsylvanhia) If none of those "automatic" exceptions apply, then you still might have a case. The 6th exception requires you to prove that you suffered a "serious injury". "Serious Injury" is decided based not just on the injury itself, but the type of medical treatment received, the duration of those injuries and importantly, how those injuries impact your ability to live your life. This includes, the impact on your ability to work without restrictions and your activities of daily living outside work. So, make sure you look and don't accept the insurance company's word. An experience personal injury lawyer should be able to review these with you. We do so for our clients. Feel free to contact us for help. Wolpert Schreiber P.C. Experienced personal injury lawyers near Phoenixville, Collegeville and Pottstown. www.PAInjurycase.com

Injured by Truck or Hurt in Truck Accident - What Laws Apply in Pennsylvania to Truck Driver and Truck Company?

In Pennsylvania, any "commercial motor vehicle" (a vehicle used for commercial transport that: weighs 10,001 or more pounds or carries more than 8 people for money or carries more than 15 people) must abide by the Federal Motor Carrier Safety Regulations (FMCSR). These rules become important if you were injured in an accident caused by a truck. First, both the Truck Driver and the Truck Company that hired the Driver must meet safety rules (49 CFR Section 383) as far as: inspecting the truck, brakes, mirrors, horn, keeping a log book, limit on the number of hours driven per day and per week. An important thing for a personal injury lawyer handling your case to get is the trucker's log book. This is something that would be obtained during "discovery" in a litigation case. The Driver of a "property-carrying commercial motor vehicle" can't drive without first taking 10 consecutive hours off-duty. Then, the Driver can drive only a total of 11 hours during a period of 14 consecutive hours. Also, the Truck Company is required to investigate the driving history and work history of the Driver before hiring the Driver. See 49 CFR 391.23 and 391.53. The Company must then keep those investigations on file while the Driver is working for them. The purpose is to ensure that Drivers are safe because they are on the highway in large, heavy and potentially dangerous tractor-trailers alongside of us. The Driver is also required to undergo drug testing and annual medical exams. The Company is supposed to ensure these happen. If the Driver caused your accident, then he/she probably violated rules for a Commercial Driver which are listed in the Commercial Driver's License Manual. That Manual is a very good investigative tool for you. An experience personal injury lawyer handling your truck accident case would want to refer to the CDL Manual in investigating, evaluating and litigating the case. The PA CDL Manual can be found online at If you have any questions, feel free to contact us. We are experienced in successfully handling truck accident injury cases. David Schreiber Wolpert Schreiber P.C. 527 Main Street Royersford, PA 19468 (610) 792-3304 deschreiber@thomaswolpert.com

Who Pays My Lost Wages After a Pennsylvania Car Accident?

Car accident? Have you lost pay or wages? You didn't expect this to happen and on top of having to get your car fixed and being injured, maybe you have also missed work? Obviously, your bills don't stop. The first thing you could do is check with your insurance company. Ask them if you have "first party wage loss" coverage on your policy. The advantage of having wage loss coverage on your policy is that, even where the other driver was at fault, you can get reimbursed for lost wages as you lose them. Under Pennsylvania auto insurance policies, wage loss coverage is optional. The first five days missed are a deductible (the 5 days don't have to be consecutive). If you don't have wage loss coverage on your own policy, the at-fault driver's insurance carrier still owes you for your lost wages. But, they won't pay you the lost wages until the end of the case. You should consult with an experienced Pennsylvania Injury Lawyer before agreeing to any settlements or signing any documents. At Wolpert Schreiber P.C., there is no cost, fee or obligation to meet with us. We can evaluate your case and provide you with options for how to proceed. We work for your case. (610) 792-3304

"Rejection" of Underinsured Motorist and Uninsured Motorist Coverage

Underinsured and uninsured benefits. What is it? This is important, extra insurance available to you. When you are injured in a car accident or other motor vehicle crash, the at-fault driver's insurance would apply to cover your damages. But, if the at-fault driver doesn't have enough insurance to cover your damages, underinsured and uninsured motorist benefits would cover you. In Pennsylvania, your auto insurance company must offer you the option to purchase underinsured and uninsured motorist coverage. This is what protects you and your family against other drivers who either do not have enough insurance or are driving without insurance. You have the right to choose to decline this coverage. Because it is an important decision, the Pennsylvania Courts have decided that your insurance company must provide you with a form. If you want to "reject" underinsured and uninsured motorist coverage, your insurer must explain that and then have you sign the correct forms. If you do not sign these forms, even if you don't pay premiums for underinsured and uninsured benefits, you may still be entitled to this coverage. If you are unsure, you can request that your insurance company produce your signed rejection forms. They are obligated to give this to you. You may want to have any such forms reviewed by an experienced personal injury lawyer. If you've already been in an accident and have suffered damages, the amount of coverage available to you may prove to be very important. David Schreiber Wolpert Schreiber P.C. 610-792-3304