Law Offices of Kennedy and Brown

What Are The Top Misconceptions People Have About Auto Accident Claims?


Most of them don’t understand the law at all when it comes to auto accident claims. I mean they know they’re in an accident, but they certainly don’t know their rights from all aspects, whether it be from their own insurance or whether it be from the other person’s insurance. They are basically ignorant other than knowing that they want to get an attorney to represent them.

What Is Comparative Or Contributory Negligence? How Can It Affect My Auto Accident Claim?

Contributory negligence or comparative negligence means that the injured party, the plaintiff, themselves might be culpable of some percentage of fault themselves. Contributory negligence or comparative negligence means that you have to compare the negligence of the injured party to that of the other party. In Pennsylvania, as long as you’re not more than 50% at fault or negligent, you’re still entitled to recover.

What Is The Statute Of Limitations For Bringing An Auto Accident Claim In Pennsylvania?

The normal statute of limitations for a third-party case is two years from the date of the accident. However, if the case involves an uninsured driver or underinsured driver, it is extended to four years from the date of the accident on a uninsured motorist case and four years from the date it is discovered that the party at fault was underinsured.

What Steps Should I Take In Order To File An Auto Accident Claim?

If you’re injured in an automobile accident, I think it’s always important that you contact an attorney that kind of specializes in that type of law even if it’s just as much to provide some initial advice. The worst thing somebody could do would be to immediately call or talk to the other person or the person who is at fault to their insurance company.

Should I Notify My Own Insurance Company About The Accident? What About The Other Insurance Company?

You are responsible to notify your own insurance company as soon as possible when you’re involved in a motor vehicle accident so they can open up the appropriate file. If you’re injured, it would be opening up a medical file and also a property damage file.

What Defenses Do Insurance Companies Use To Avoid Paying Out On Claims?

Some of the defenses on automobile accident cases in Pennsylvania would be that the injured party themselves was negligent and that they were more negligent than the defendants insured. Another defense in Pennsylvania is that the injured party might have selected the limited tort option on their own insurance policy, which makes it more difficult for them to collect. They must prove, even if they were not at fault, that they’ve incurred a serious injury.

How Long Is Too Long To Wait For Treatment After An Auto Accident?

Obviously, the sooner that one seeks medical attention after an accident is important, but there is no time limit on when you do that. Normally if somebody is injured and they wait two or three days and they go to the emergency room or their own doctor has no effect on the ability to recover.

Why Is It Important To Follow Doctor’s Orders In A Personal Injury Claim?

The importance about seeking medical attention and following doctor’s orders and keeping up with medical appointments in a personal injury claim shows that a person is truly injured and that they are seeking treatment for their injuries in their auto accident case. When people don’t go to appointments and don’t verbalize their problems and injuries then it makes it more difficult for them to collect and when they do collect, it’s for much smaller amounts.

What Factors Can Cause An Auto Accident Claim To Go To Trial?

The reason cases go to trial for an auto accident claim are several fold. One is that the injured party might be seeking more damages than they’re entitled to, in other words, they’re asking for too much. Another reason it goes to trial is that there may be the element of fault on the injured party themselves. Normally the case goes to trial when there is a difference in what the person is looking for and what the insurance company has offered.

For more information on Misconceptions About Auto Accident Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (570) 203-1333 today.

John H. Kennedy, ESQ.

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