Legal Advice on Recovering UIM or UM Insurance Benefits

Friday, February 26th, 2010

PA law requires drivers to purchase auto insurance in order to be a legal driver in Pennsylvania.

However, many PA drivers are not aware of the importance of two of the most important, and least expensive, insurance benefits that they can purchase.
Unfortunately, PA drivers are not required to carry these important benefits as part of their auto insurance policy. These important coverages are Underinsured Motorist coverage (UIM) and Uninsured Motorist coverage (UM).

UIM coverage protects you if you have been the victim of a car accident and your injuries were caused by another motorist who does not have enough insurance to fully compensate you for all of your injuries and expenses.

UM coverage protects you if you have been the victim of a car accident and your injuries were caused by another motorist who is uninsured and does not have any insurance to compensate you for your injuries and expenses.

If you have UIM or UM as part of your own auto insurance coverage, then your insurance company may be required to pay some or all of these benefits to you depending on the circumstances surrounding your claim and the amount of other available insurance coverage that the at fault party carries.

You must speak with a a personal injury attorney experienced with handling UIM and UM claims  before proceeding with any claims. If you settle your claim with the other insurance company and don’t set up your UIM claim properly, you can waive this important benefit. Jon Ostroff, one of the rare “20/20″ lawyers in the country, has reviewed over 20,000 personal injury claims over the past twenty years and many of them involved UIM or UM claims. He knows what to look for, how to handle UM/UIM claims and what they are worth. He also knows how to get you the money you deserve.

Questions and Answers about Pennsylvania UIM Insurance Benefits

Many of our clients have the following questions about under-insured motorist coverage:

  • How is UIM used to compensate an accident victim? PA car accident victims who have UIM insurance coverage are at a great advantage compared to those without UIM. A victim must first collect all of the available insurance from the at fault driver’s insurance company. If that amount is insufficient to fully compensate the victim for their injuries, the victim may recover additional money from his own insurance company up to the limit of the UIM insurance benefit they purchased. Often, these benefits can be multiplied by the number of cars that are insured by resident relatives in the victims home. BEWARE- If an accident victim does not take certain steps before accepting a settlement from the other driver’s insurance company, he or she can waive their entitlement to UIM benefits. Be sure and have your settlement negotiated and handled by an attorney knowledgeable in UIM claims. With over 20,000 cases and 20 years of experience with personal injury claims under his belt, Jon Ostroff has the experience handling UIM/UM claims that you need to be sure you get every penny you deserve.
  • I have PA auto insurance. When can I begin to collect UIM benefits? You are entitled, and if handled properly, can collect UIM benefits as soon as it becomes clear that the value of your claim exceeds the amount of insurance carried by the driver who caused the accident. There have been some very complicated, and very important, legal decisions in 2010 which effect your rights to UIM coverage when the other drivers insurance company still hasn’t paid you. You must be very careful about the steps you take with UIM coverage. There could be a lot of money at stake here, so be wise and protect your self by hiring an experienced attorney who is familiar with the rules and the best way to get you every dollar you are entitled to. Over 20,000 personal injury victims have relied on Jon Ostroff to guide them with their accident claim…this is the kind of experience you should rely on when there is this much money on the line!
  • Can I get a recovery? I have UIM insurance and suffered a spinal disc injury. PA law may allow you to recover damages for a herniated or bulging disc injury if you carry UIM insurance. Disc injuries can be painful, limiting and can disable you from your job.  If you are involved in an accident with a driver who carries less insurance coverage than your claim is worth, you will likely need to access the underinsurance benefit on your own insurance policy. “20/20″ attorney Jon Ostroff will help you get every penny, of every benefit, you are entitled to.

Our Lawyers Can Help You Obtain a Maximum Recovery from Your UIM Insurance Benefits

Insurance companies generally do not like to pay underinsurance claims and they may refuse to pay you the amount that you are entitled to.  “20/20″ attorney Jon Ostroff knows how to handle unreasonable insurance adjusters and tough insurance companies. The lawyers at Ostroff Injury Law will fight the insurance company until they pay you the maximum amount to which you are legally entitled.

You purchased UIM to protect you and your family against an underinsured driver. Do not let an insurance adjuster deny you this benefit.  HIre Jon Ostroff and show them you mean business!  Let us represent you and get you every penny of this benefit that you are entitled to.

Insurers know, and tell their adjusters during training, that in the most common personal injury claims, “[r]epresented claims [when an injured person uses an attorney] settle for 2-3 times more than unrepresented claims [when a person deals directly with the insurer].” Allstate Unrepresented Adjuster Training Manual, July 1995.

Ostroff Injury Law will help you recover the full amount of UIM benefits to which you are entitled.

Contact us today at 1-888-930-8484 or via our online contact form for a free case evaluation.  Let us help you get the UIM and UM benefits that you deserve!

A “20/20″ Lawyers Advice: When the Police Report is Wrong About Your Car Accident

Sunday, February 14th, 2010

Jon Ostroff is one of the rare lawyers in America who has handled, settled or reviewed more than 20,000 accident victim claims over the past 20 years. Jon has recovered millions for auto accident victims that the police blamed for an accident in the police report.

When you have a PA car accident that was not your fault, you may be entitled to money damages for your injuries.  Your money damages should be paid by an insurance company or by the person who was responsible for your injuries.

In order to prove negligence, you must present evidence that establishes that the other party breached its duty of care to you and that you suffered injuries as a result.  Evidence may include the testimony of eyewitnesses and the police accident investigation.  It is essential that you hire an experienced Pennsylvania car accident lawyer to help you analyze the evidence, negotiate a settlement, or if necessary, take your case to trial. With 20,000 accident cases and 20 years under his belt, “20/20″ attorney Jon Ostroff offers a level of experience that few lawyers in America can rival.

PA Car Accidents Settlements

“I was very seriously injured when my car was hit by a tractor trailer. The police report blamed me for causing this accident. I was knocked unconscious, so I didn’t remember a thing. Jon spent many hours, working with expensive experts, to prove that the police were wrong. Jon won an award in my favor for $5.7 million. Perhaps even more importantly, he proved the accident wasn’t my fault”

S. C.

Bradford County, PA

“I was badly injured when an oncoming van lost control and hit my vehicle head on. The van driver originally blamed another vehicle for running him off the road. Jon Ostroff found witnesses that the police never spoke with. Through these eyewitnesses, we were able to prove it was the van driver’s fault. As a result, Jon recovered over $2 million for my husband and me and he did this within a year of the accident. He recovered almost a million more for my daughter, who was also injured in the accident.

Kalie, Tom and Ainsley

Butler, PA

PA No Fault Law – Guidance from a PA Accident Attorney

Saturday, February 13th, 2010

Pennsylvania drivers are required to maintain car insurance.

  • PA drivers are required to carry liability insurance coverage. This is the insurance that protects the party that caused an accident.
  • PA drivers are also required to carry a minimum of $5,000 in medical coverage. This is the insurance that pays your medical bills regardless of who caused your accident.
  • Other options are available to drivers when they purchase their insurance and the choices that they make can have significant effects on their future recoveries if they are involved in a car accident.
  • PA accident law allows people who are injured in motor vehicle accidents to recover damages and often it is insurance companies who are paying the damages pursuant to the terms of the automobile insurance contract.

Is There No Fault Car Insurance in PA?

Yes, there is no fault car insurance in PA. PIP (also known as Personal Injury Protection or First Party Benefits) is mandatory in Pennsylvania.  PIP benefits are a type of no fault insurance that covers your medical bills, up to the amount included in your policy, if you are hurt in a Pennsylvania accident.  You are entitled to PIP benefits regardless of whether you were at fault for causing an accident.  Additional coverage may be purchased from insurance companies to cover other financial losses such as lost wages, without regard to fault.  Your ability to recover non-economic damages for things such as pain and suffering are typically limited if you were at fault for an accident..

Our Lawyers Can Explain PA No Fault Car Accident Laws

It is important to understand the Pennsylvania accident law so that you can decide how best to protect you and your family if you ever cause a PA accident.  Jon Ostroff has spent the past 20 years helping more than 20,000 PA accident victims understand what they are entitled to.  Jon will explain your rights after a PA auto accident in a way that leaves you informed.  Jon understands Pennsylvania accident laws and can help you understand what you are entitled to from your insurance company.

Do not allow your insurance company to interpret accident law for you.  Remember, the goal of your insurance company is to pay you as little as they possibly can pay you.  That is how they make a profit.  Our lawyers believe that your legal right to recover damages pursuant to a no fault accident policy should not be limited by the insurance company’s desire to make a profit.  We are committed to protecting your rights and helping you recover what is rightfully yours pursuant to PA law and the terms of your insurance policy contract.

Ostroff Injury Law will help you if you have been hurt in an accident – no matter what type of PA auto insurance policy you carry.  Contact us today at 1-888-930-8484 or via our online contact form for a free case evaluation.  Let us help you get the recovery that you deserve!

http://www.pa-car-accident-law.com/about-auto-accident-victims-in-pennsylvania.php

How to Handle an Incorrect Police Report

Friday, February 12th, 2010

Jon Ostroff is one of the rare “20/20″ attorneys in America! During the past 20 years, Jon has handled, settled or reviewed over 20,000 personal injury cases.

As Jon will tell you, there are several good reasons why the police report in your auto accident may be wrong. The first police officer on the scene of your accident has his hands full.

  • Once the injuries at an accident scene are assessed
  • and ambulances are called,
  • and the traffic at the scene is under control,
  • and after other officers, EMT’s, family members and car accident victims, along with tv and radio news crews have all been spoken to
  • … and after the evidence has been kicked and trampled on by focused EMT’s tending to injured accident victims
  • … NOW it’s time for your police officer to begin an accident investigation that requires him to:
    • preserve evidence
    • take many measurements
    • speaking with witnesses (some of whom have left long ago),
    • writing up a report,
    • and far more.

Perhaps this is why police officers spend far more time protecting the public, rendering medical aid, controlling traffic, ticketing drivers and more, then they do on accident investigation.

After 20 years and 20,000 cases, Jon knows what he’s looking for when he reviews an auto accident case. He knows how to overcome a bad or incorrect police report.

Police reports are often inaccurate, unreliable and WRONG!

After addressing all of the responsibilities listed above, a police officer must then do his best to recreate the scene of an accident. An officer’s investigation can easily result in wrong assumptions coupled with wrong conclusions, leading to an incorrect police report.

How you can help overcome a bad police report in your accident.

If you take the following steps after an accident, then you will increase the chances of catching the evidence that you need to correct any inaccuracies in the police report.

At the time of an accident, you should:

  1. Seek immediate medical assistance for anyone who is hurt;
  2. Contact the police immediately;
  3. Write down the name, address and phone numbers of all witnesses to the accident;
  4. Write down the name, address, phone number, license number, license plate number, and insurance information of the other driver;
  5. Take pictures of the accident scene before any cars are moved.  Remember, most cell phones have cameras on them and can be used for this purpose.

Contact a Pennsylvania Car Accident Lawyer

An incorrect police report does not have to lead to an unfair accident settlement or verdict.  Count on Jon Ostroff’s “20/20″ experience to make sure you get every nickel you are entitled to. Please contact Ostroff Injury Law at 1-888-930-8484 or via our online contact form for a free case evaluation.  Let us help you get the recovery that you deserve!

Our Lawyers Know How to Protect Your Rights

Thursday, February 11th, 2010

Jon Ostroff knows how frustrating it can be to read a police report that is wrong.

We often hear clients insist: “It wasn’t my fault!” Jon will use his rare “20/20″ experience with personal injury cases to find the evidence that will prove what really happened! We are committed to helping clients achieve justice by overcoming a bad police report!

If a car accident was not your legal fault, we will aggressively gather evidence, track and interview witnesses, and take the steps necessary to help win your case. Once we win, auto accident victims recover money damages for accident-related medical bills, lost wages, and pain and suffering.

Your recovery is based on the real facts of your case.

Bad police reports can be overcome by the right lawyer.  Jon Ostroff and Ostroff Injury Law will use 20,000 cases worth of experience to help you prove what really happened in your car accident. We will fight hard to recover fair and equitable damages for injuries that were not your fault.  Contact us today at 1-888-930-8484 or via our online contact form for a free case evaluation.  Let us help you get the recovery that you deserve!

Can You Still Sue When the Police Report is Wrong?

Wednesday, February 10th, 2010

Protecting the public is the primary role of the police officer who is the first on the scene after an accident.

This is a noble and demanding responsibility.

Unfortunately for many PA auto accident victims, a police officer is improperly informed, or measures incorrectly, or gets caught up in a more important murder or assault investigation. Accident investigation is not a top priority for most PA police officers.

Consider that when your investigating officer arrives as the first officer on the scene, they have their hands full…

  1. The officer’s first priority is to assess and support injured accident victims.
  2. Then, the officer must control and coordinate traffic at an accident scene.
  3. The officer must speak with medical, law enforcement, family, and accident victims at a scene.
  4. The more serious the injuries, the more involved the officer is in dealing with tending to a seriously injured auto accident victim.

Below all of these priorities is accident investigation!

Once the serious injuries at an accident scene are assessed and addressed, and ambulances are requested, and the accident scene traffic is under control, and after other officers, doctors, EMT’s, family members and auto accident victims, along with tv and radio news crews have all been spoken to… and after the evidence has been kicked and trampled on by EMT’s focused on trying to save a life… NOW it’s time for your police officer to begin an accident investigation that requires preserving evidence, taking many measurements, getting statements from witnesses (some of whom have left long ago), writing up a report, and far more.

Perhaps this is why police officers receive far more training on protecting the public, rendering medical aid, traffic control, and more, then they receive on accident investigation.

After 20 years and 20,000 cases, PA Personal Injury Lawyer Jon knows what he’s looking for when he reviews an auto accident case. He knows how to overcome a bad or incorrect police report. He knows how to use the same police officer to help his client’s case. Jon has accepted and won cases that other lawyers have turned away or were handling poorly.

Call “20/20″ lawyer Jon Ostroff at (800) 818-8148.

The police report is wrong” are words that may concern you. If the accident was not your fault and the police report is wrong, call “20/20″ lawyer Jon Ostroff at (800) 818-8148. The police report is not the deciding factor in a car accident lawsuit.  Jon is willing to challenge the report and prove what really happened.

Limited Tort Exceptions

Tuesday, February 9th, 2010

Limited Tort Exceptions: When can PA Accident Victims Recover Pain and Suffering Damages

PA accident victim lawyer Jon Ostroff is one of the rare “20/20″ lawyers in America. Over the past 20 years, Jon has helped over 20,000 PA Accident victims. From the time limited tort became law in PA, Jon has been helping his clients figure out how to get around it so he could get them money damages for their pain and suffering.

The Exceptions to Limited Tort (that the insurance company doesn’t want you to know about):

Big insurance companies were thrilled when PA allowed them to sell their customers bad insurance! Limited Tort has saved the insurance companies from paying PA accident victims millions of dollars. PA accident lawyer, Jon Ostroff believes that a lot of these profits shouldn’t be in the pocket of the insurance company. These profits came right out of the pockets of injured PA accident victims who didn’t realize that they were actually entitled to a recovery. With his famed “20/20″ experience, Jon knows which cases should put substantial pain and suffering money damages into the pocket of his client.

Limited Tort Pa Accident

Victims are ALWAYS entitled to recover for pain and suffering when one of these automatic Limited Tort Exceptions applies:

  1. Your accident was caused by a driver who was charged with DUI.
  2. Your accident was caused by the operator of a motor vehicle that is registered in a different state then PA.
  3. Your accident occurred when you were not operating a privately owned car:

This exception means that you are entitled to recover for your pain and suffering if the other driver was a fault and injured you while you were:

  1. a passenger in any type of commercial vehicle (bus/train, municipal transportation, taxi, tractor trailer)
  2. a pedestrian
  3. operating a motorcycle
  4. operating a bicycle

The Fourth and Most Complicated Exception to Limited Tort: The Serious Injury Exception.

The “Serious Injury Exception” can also be used by a PA auto accident victim to overcome Limited Tort. This is an unusual exception to Limited Tort because this is the only exception that is not known almost immediately after an accident occurs. It’s easy to know whether the at-fault vehicle is from outside of PA. It’s easy to know whether the other driver is arrested for DUI. It’s easy to know whether the commercial vehicle/bike/pedestrian exception applies. But it can often take several months or more to determine whether the “Serious Injury Exception” applies to a PA Auto Accident Victim.

To prove that an injury is serious enough to obtain pain and suffering money damages in a PA auto accident, you must be able to show that a specific injury resulted in a “serious impairment to a significant bodily function.”

A PA accident victim’s doctor and lawyer are the best resources for proving the seriousness of an injury.

Here are some of the critical factors that a PA Limited Tort accident victim must rely upon to prove that their injury is serious enough to be entitled to pain and suffering money damages.

1. Were any injuries to any significant bodily parts diagnosed.

  • Did an x-ray show a fracture?
  • Did an MRI, CT Scan or Surgery reveal:
    • a herniated or bulging spinal disc?
    • a traumatic brain injury?
    • tendon, ligament, tissue or cartilage damage?
    • other significant traumatic injuries?
  • Did you sustain any prominent scarring?

2. Did your accident-related injuries require surgery?

3. How much medical treatment have you required and how long has it lasted?

4. Did your accident-related injuries cause you to lose time from your job and if so, how much?

5. Do you have any permanent injuries that were not able to be resolved?

Recovering with Limited Tort.

Of course, there is legal expertise required to prove the seriousness of an injury in order to recover with Limited Tort. “20/20″ Attorney Jon Ostroff knows exactly how to prove that an injury was serious. After reviewing more than 20,000 cases in 20 years, Jon knows the best way to support his client’s claim to a recovery for a serious injury even though they are bound by Limited Tort.

Ever since Limited Tort became part of the law in Pennsylvania, Jon Ostroff has been recovering money and benefits for PA accident victims who chose Limited Tort!

Ostroff Injury Law will recover the full amount of insurance benefits and insurance coverages that you are entitled to. Contact us today at 1-888-930-8484 or via our online contact form for a free case evaluation. Let us help you get the insurance money that you deserve!

When does Limited Tort apply to me?

Monday, February 8th, 2010

PA Accident victims who are bound by Limited Tort can always turn to lawyer Jon Ostroff, an elite and rare “20/20″ accident lawyer. Over the past 20 years, Jon has represented, settled or reviewed an accident claim for over 20,000 PA accident victims. From the time Limited Tort became law in PA, Jon has been helping his clients figure out how to get around Limited Tort in order to recover money damages for the pain and suffering of PA accident victims

Limited Tort Applies to you if:

1. You selected the limited tort option on your auto insurance policy, then you are bound by the potential limitations of Limited Tort.

If you are the only owner of an automobile in your household, or if every other related resident in your house who owns a motor vehicle also selected the limited tort option, then all of the relatives residing in your household are also bound by limited tort.

2.   You do not own a motor vehicle, but you reside in a household where all of your relatives residing there selected limited tort, then you are bound by the potential limitations of Limited Tort.

3.   You own a vehicle that is currently registered in PA, but uninsured, you are bound by the potential limitations of Limited Tort.

Limited Tort does NOT Apply to you if:

1.   You do not reside with any relative who owns an automobile that is insured with a limited tort insurance policy.

2.   Your insurance agent did not have you execute the correct paperwork (called sign down sheets) at the time you selected limited tort insurance coverage.

3.   You are in an accident and one of four exceptions apply. For a detailed explanation of these exceptions, click here.

“20/20″ attorney Jon Ostroff

Rely on the experience of “20/20″ attorney Jon Ostroff and Ostroff Injury Law to help you determine whether there is a way around the limited tort option. Ostroff injury Law will recover the full amount of  insurance benefits and insurance coverages that you are entitled to.  Contact us today at 1-888-930-8484 or via our online contact form for a free case evaluation.  Let us help you get the insurance money that you deserve.

Auto Accident Victims' Guide

You are an auto accident victim. You and your family may suffer property damage, terrible injuries, or even death. Life will be different. You need help.

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Drunk driver caused my injuries. What are my rights?

Ostroff Injury Law built its reputation on helping families that were devastated by DUI drivers. Can Pennsylvania Attorney Jon Ostroff help you?
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ASAP, your lawyer will need to start asking questions and getting answers from witnesses.