Car Accident Attorney

It depends on which tort option you selected for your own automobile insurance (or which option your family member selected if they own a car). If “Full Tort” or “No Threshold” was selected, then yes you can recover money for your pain and suffering. If “Limited Tort” or “Verbal Threshold” was selected, then maybe not. The limited option generally prevents you from recovering for pain and suffering in exchange for lower insurance premiums unless you have suffered serious permanent injuries.

The laws may differ from state to state. Pennsylvania and New Jersey define their tort limitations differently. New Jersey also imposes its limited tort or “verbal threshold” on out-of-state drivers injured in New Jersey in exchange for New Jersey’s higher limits of medical expense coverage. Exceptions to the bar of limited tort coverage include an accident caused by a commercial vehicle, a vehicle operated by a driver under the influence of drugs or alcohol, or an out-of-state driver. Scott Fegley is an experienced auto accident attorney and will evaluate all these factors and inform you of the availability of pain and suffering damages in your case.

Give your automobile insurance information to the hospital or health care provider first, NOT your health insurance. Everyone should have at least $5,000 in medical expense coverage from their automobile insurance policies.

Once the medical expense or “PIP” coverage limit under the automobile insurance is used up, then use your health insurance. Unlike automobile insurance companies, however, health insurance companies may have the right to be paid back out of your settlement! So always use up your auto insurance benefits first.

If you have minimal medical expense benefits and no health insurance, or no insurance at all, the situation is more complicated. You may have to wait until your case settles while a compromise is worked out with the insurance companies and health care providers to resolve the outstanding bills. Scott Fegley will negotiate aggressively to assure you bills are paid and you receive the most from your settlement.

Your insurance premiums should not increase if the accident was not your fault. It is highly recommended that you carry the best insurance you can afford, including full tort and higher medical expense limits. Know what insurance coverage you have before an accident happens.

Because there are many uninsured drivers and even more with just the minimum $15,000 coverage required by law, it is important to maintain your own uninsured/underinsured motorist coverage with limits as high as you can afford. If you are injured in an accident with an uninsured or underinsured driver who was at fault, your insurance company will pay you for your damages up to the limits of your policy. However, if you carry only $15,000 in uninsured/underinsured motorist coverage and the value of your injuries exceeds $15,000 (or $30,000 in the case of an underinsured driver), then you will not receive a recovery for the full value of your injuries and may be left with significant unpaid losses.