How to make a complaint about a Bar serving a drunk driver

In Pennsylvania, a bar or drinking establishment can not serve someone who is visibly intoxicated. Meaning, someone who is showing visible signs of being drunk. If they serve a visibly intoxicated person who then leaves and causes a car accident, the bar can be held responsible in a "civil" personal injury case.

Unfortunately, the news too frequently involves heart-breaking stories of drunk driving accidents in our area. These often occurred on main highways like Route 422 or Route 100. But also there are local roads as well.


David Schreiber
610-792-3304
www.PAinjurycase.com

The PA State Police have a Bureau of Liquor Control Enforcement. You can contact them to report a violation or a Problem Bar and request that they investigate.

Bureau of Liquor Control Enforcement Headquarters
3655 Vartan Way
Harrisburg, PA 17110

Phone: (717) 540-7410
Fax: (717) 540-7452

Car Accident on Route 562

We have seen increased car accidents on Route 562 in the Boyertown, Amity, Douglassville areas. Why? Not sure if it's been increased traffic, need for changes to the roads, or something else.

There has been more development.

If you have seen or been in an accident on this road, or simply are aware that there have been more car accidents, let us know what you think. Maybe it's time to make suggestions on improving the road or traffic controls.

Re-Check Your Auto Insurance

When you get your renewal in the mail for your car insurance, take a few minutes to actually look at your coverage. Do you have wage loss coverage? Do you need it? Do you need more than you have? The amounts may say "$1,000/$5,000"- that means $1,000 per month for a total of 5 months. Think about whether you have disability (short term or long term) through work. That may affect how much wage loss coverage you want on your policy. Look at the amount it costs- it should be relatively cheap.

Also, take a look at the "underinsured/uninsured motorist" coverage. This is what protects you and your family against everyone else on the road's carelessness. Make sure you have it and have enough of it. Ask your agent or broker or insurance company for quotes on different prices.

There are other coverages that are less obvious such as "stacking" of underinsured/uninsured coverage, collision/comprehensive deductibles and coverage and medical coverage. If you aren't sure, ask your agent or insurance company for more information. As to the medical coverage, consider what type of health insurance you have-- after a car accident, you have to use your health insurance if your auto medical exhausts.

David E. Schreiber
(610) 792-3304
www.PAinjurycase.com

After My Accident: Insurance Adjuster Keeps Calling- What Do I Do?

Ok, you were injured in an accident- a car accident, a fall, or other injury. Now, the insurance company keeps calling you. Here are some reminders:

First, find out which insurance company's adjuster is calling. If it's your own insurance company (like for a car accident, it would be considered your "first-party" adjuster). You typically are supposed to cooperate with your own insurer (it will be a section in your policy, often called a "duty to cooperate). You would provide your own company with the basic information. For example, if you were in a car accident in Collegeville or you fell in Phoenixville, you provide that information to your own company. They will assign you a claim number. Ask your adjuster what coverages and benefits are available under your policy. You can ask them to provide that in writing.
If they want a statement, ask them if you are required to give them one under your policy and ask them to tell you where in your policy it says that. If you are unsure, contact an experienced injury lawyer.

If the insurance company calling you is the liability insurance company (that is, the insurer for the at-fault driver in a car accident, or the insurer for the property where you fell, etc), then you should be very careful about what information you give out. Often, insurers will assign adjusters to a geographic area. For example, some insurance companies have an adjuster assigned to Pottstown or Collegeville or Montgomery County. They will call you if your accident happened there. They may ask you for a statement. You should be very careful about providing any statement to an opposing insurance company without getting a lawyer. Remember, their job is not to pay what's fair, but rather, to save their company money. They may be motivated to settle your claim- but don't mistake that for being fair. Their desire to close the claim is based on what's best for their company- they may believe they can get you to agree to settle for less early on before you know what your injuries are or you have additional expenses.

If you have any questions, feel free to call us.

(610) 792-3304
www.PAinjurycase.com
David E. Schreiber

I was in a car accident- how do I get my lost wages paid?

After a car accident, the law in Pennsylvania says that you can recover for lost wages. This means that you have to show that you were disabled from work by your doctor and that you missed work. Say, for example, you were in a car accident where you were rear-ended on Route 100, Route 422, Ridge Pike, or Route 23. You have car insurance and so does the at-fault driver. First, you need to check your own policy. Ask your insurance company if you have "no fault" (also called "first-party") wage loss. If so, after the standard 5-day deductible, your insurance would pay your lost wages month-to-month. But, if you don't have wage loss coverage, or your wage loss coverage isn't enough to cover all of your wages, then you would be pursuing wage loss against the at-fault insurance company. The downside is that the at-fault company typically won't pay your wages without a full release (you don't want to sign any release without a lawyer and without knowing that you are ending all rights to all claims).

The two things the insurance company will require to pay your lost wages will be:
(1) a disability note from your treating doctor; and
(2) a wage verification from you employer indicating your salary/wages/number of hours per week (or sometimes the insurance company will simply accept a pay stub or your W-2).

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

David Schreiber
610-792-3304
deschreiber@thomaswolpert.com

Hurt Back in Car Accident in Collegeville- Insurance Company Won't Pay

If you were rear ended or in a car accident in Collegeville, Phoenixville, Limerick, or Royersford, and you are facing an insurance company who won't pay, you still have options. Maybe the insurance company is State Farm, Allstate, Nationwide, or Erie? Those are 4 of the most common insurance companies in this area.

1. First, send a letter or fax to the at-fault insurance company simply asking that they respond in writing with their reason for not paying.

2. Consider getting a consultation with a lawyer who specializes in personal injury law. You should be able to get a free consult. Our firm does free consults.

3. You should get a copy of your own medical records (often, you can get your medical records from the car accident from your own insurance companay- since they pay the medical bills up to the limits of your medical coverage- they will have those records.

4. You should make a list of witnesses - there are two types of "lay" (non expert) witnesses for injury cases. One is a witness to the actual car accident. A police report would list any witnesses identified at the scene by the police. A second type of lay witness would be people who have known you before and after the accident who have seen any differences in you physically since the accident. These could be co-workers, clergy, friends.

5. Request a copy of your own insurance company's policy and "declarations" page (the page listing all the coverages).

6. Go to the doctor if you are having symptoms and follow their instructions. This will help you get better and you have paid for the coverage on your policy for medical bills.

If you have any questions feel free to contact us.

David Schreiber
(610) 792-3304

Car Accident - Other Driver Was From New Jersey- What does that do to my case?

If you were injured in a car accident, maybe on the Schuylkill, Route 422, I76, the Turnpike or elsewhere and the other driver from from another state... read on.

If the accident happened in New Jersey and the other driver was from New Jersey, there are some issues. New Jersey law will apply and there is a "deemer" statute law. This basically can limit your rights to recovering pain and suffering also referred to as bodily injury. You may be required to have a permanent injury or disfigurement or other type of serious injury to recover.

If the accident happened here in Pennsylvania but the other driver's car was registered in New Jersey or another state, this could actually be a positive for your claim. If you have "limited tort", there is an exception if the other driver's vehicle was registered in another state. This means that the limitations of "serious injury" to get bodily injury damages don't apply to your claim. You are instead considered "full tort" and have no restrictions on recovering pain and suffering or bodily injury.