"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

Medical Treatment After A Car Accident

If you were injured in a car accident, whether on Route 422 or Route 100 or some other local road, it is important to see a doctor promptly. Many people hope their symptoms will go away and figure - 'I'll just wait to see if I feel better in a week or a month'. The danger with this is that you are taking a risk that you may make your medical condition or symptoms worse by not getting prompt medical attention. For example, if you continue to try to walk on a knee that may have a tear, or keep lifting with a torn disc in your back, you are jeopardizing your health. You are also jeopardizing your legal rights. Why? Because the other person's insurance company will use a gap in treatment against you later. If you have questions, contact us for a free consult, no obligation. (610) 792-3304

Child Support Liens for Personal Injury Settlements

In Pennsylvania, overdue child support liens must be reimbursed from a personal injury settlement or recovery. The lawyer handling your personal injury case must cooperate with the domestic relations department. The law can be found at 23 Pa.C.S. Section 4308.1. It applies to any case where the net proceeds for the person is $5,000 or more. The law defines net proceeds as "moneys in excess of $5,000 payable to a prevailing party or beneficiary". This means that the first $5,000 remaining after attorneys fees is not lienable. Any amount payable to the person above $5,000 is "attached". Meaning, overdue child support reported by the County Domestic Relations office is automatically a lien against net settlement proceeds above $5,000. If you have questions about a personal injury case or car accident, contact the lawyers at Wolpert Schreiber P.C. for a free consultation and case evaluation. (610) 792-3304.

Hit and Run Car Accidents in Pennsylvania

Were you in a car accident and the other driver fled the scene or otherwise left the crash scene without giving their insurance information? If so, you may still be able to recover for injuries and damages. First, you need to report this to the police. The police may be able to search for the other driver based on any description or information you give them. In Pennsylvania, whether it was on a highway like Route 422, or a local road, drivers are required to stop at the accident scene and provide their insurance information to the other driver. Second, you should report the loss to your own auto insurance company as soon as possible. Under your car insurance, you want to have Uninsured Motorist Coverage. This coverage protects you and your family against both other drivers who have no insurance and hit and run drivers. So, if the driver who hit you is never found, you would still have coverage or bodily injury and damages under your Uninsured Motorist Coverage. If you have questions, contact us. (610) 792-3304.

Consumer Protection

If you purchased goods or services for household use and believe that you were the victim of fraud or misrepresentation, you can make a complaint. The Office of Attorney General, Bureau of Consumer Protection investigates consumer complaints. You can do the Complaint online at their website (www.attorneygeneral.gov) However, if you suffered damages and wish to bring a legal case to recover those damages, you would need to pursue your own legal action. For an evaluation and consult, contact our firm. (610) 792-3304. Wolpert Schreiber P.C., Attorneys at Law.

Attorney Contingent Fee Agreements

If you are considering hiring a lawyer for a personal injury case, it is customary that there be a fee based on a "contingency" of recovery. You know, the common phrase you might have heard "no recovery no fee" or something similar. But, make sure you look at the details and ask questions. Often, lawyers will require you to advance the litigation costs during the case out of your own pocket. That is a tall task, especially when you are hurt and may be missing work. Or, some lawyers may have in their contingent fee agreement that you are responsible for the costs win or lose. You need to find out. If there is no recovery - will you any fees OR COSTS? Find out what percent the lawyer is charging in their contingent fee agreement. There is some truth to "you get what you pay for". There may be some cut-rate lawyers doing the case at a reduced percentage, but are they experienced? Is is a good deal if they got you a smaller settlement? What type of office do they have? Is it well-staffed? On the other hand, you want to be wary of firms who charge too high a percentage in their contingent fee agreement. Finally, you should ask if the attorney is fully insured. Lately, I have been very surprised to see that some lawyers claiming to handle personal injury cases do not maintain insurance coverage. This is a big red flag. you can look up Attorneys licensed in Pennsylvania on the PA Disciplinary Board's website. This will tell you if they have any violations and also whether they maintain insurance coverage. Reputable firms should not make you advance costs or owe costs if there is no recovery in your personal injury or car accident case. Whether you were injured in a car accident in Royersford on Route 422, rear-ended on Route 100 near Pottstown, fell on ice near Collegeville, or had an injury to your neck or back someone where else, carefully screen the lawyer you will hire. They should be willing to answer your questions and explain their fee agreement so that you fully understand it. David Schreiber Wolpert Schreiber P.C. 527 Main Street Royersford, PA 19468 (610) 792-3304

The Insurance Company Is Doing a Peer Review of My Doctor - What is That?

After a car accident in Pennsylvania, your medical bills are covered under your own policy up to the medical coverage limits. This is called first-party or "no fault". Part of what you paid premiums for all those years was for medical bills if you get in an accident (regardless of who was at fault). The insurance industry lobbied for, and got passed, a law that allows for "peer reviews" of medical bills. This means that your insurance company can contest whether your doctor's medical treatment is reasonable and necessary. Unfortunately, there is great potential for abuse by insurance companies. There is a conflict of interest in that your insurer wants to save money on claims but they've already collected your premium money. Worse, they get to pick a doctor to do the peer review. So, they aren't using a court-appointed doctor. You typically have no say, nor does your doctor, in which doctor is chosen. If the insurer is puts its own interest in saving money over your health interests, do they choose the same doctors over and over who they know will tend to give them reviews that say they don't have to continue paying for treatment? Under the peer review rules (see PA Motor Vehicle Financial Responsibility Law). you and your doctor have the ability to ask for a reconsideration of a negative peer review. However, you will have to pay the cost of the reconsideration if the peer review doctor confirms their previous opinion. From our experience, the reconsideration rarely results in a change in the peer review decision. The costs, then, have a "chilling effect" on most people's willingness to request reconsideration. Your treating doctor should remain proactive with the insurance company. Your doctor should, as a best practice, stay in contact with the medical adjuster to try to prevent your treatment from going into a peer review.