PA Car Accident Law
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Pennsylvania Auto Accident Law Q&A

accident victimYou are an auto accident victim. You and your family may suffer property damage, terrible injuries, or even death. Many accident victims are unable to work for months, years, or sometimes, forever. Your life will be different.

You need help.

For more than 20 years, Pennsylvania Attorney Jon Ostroff has helped auto accident victims and their families. We answer hard questions with compassion and understanding. There’s no double talk or lawyer talk.

Here are some of the most frequently asked questions by auto accident victims :

No fault insurance

-Why is my insurance company responsible for the medical bills when the other driver was at fault? In states like Pennsylvania with no-fault insurance, medical bills are handled by your own insurance company, regardless who caused the accident. So, like health insurance, you are buying medical bill coverage along with your auto insurance policy.  The purpose for this law is to allow you to decide how much medical protection you want no matter how much insurance the other driver has in place.

-If my car was not insured on the date of the accident, can I still get some benefits? If the car you drove is owned by you and registered in Pennsylvania but not insured at the time of the accident, Pennsylvania does impose certain penalties on you. Call Ostroff Injury Law. One of our  attorneys will take the time to understand your circumstances and explore the benefits that may still be available to you.

-What is the Pennsylvania Motor Vehicle Financial Responsibility Law? The Motor Vehicle Financial Responsibility Law, which is known as “MVFRL,” defines your rights when injured in a car accident. Jon Ostroff, personal injury lawyer and Senior Partner of Ostroff Injury Law, will take the time to understand what happened in your car accident and explain how the MVFRL will apply to your situation.

Limited tort and medical bills

-Can I receive money for my pain and suffering if I have limited tort car insurance? You chose limited tort on your insurance policy to save a few bucks on your car insurance. Unfortunately, this very small discount may cost you thousands of dollars if it prevents you from recovering money for your pain and suffering. It is important for you to understand that there are exceptions to limited tort and you may still be entitled to a recovery. Call an attorney at Ostroff Injury Law to see whether we can find a way around your limited tort selection.

-What kinds of injuries qualify for compensation even with limited tort coverage? Injuries sustained in your auto accident must be considered a serious impairment of a significant bodily function. Unfortunately, juries across Pennsylvania are not consistent in the way they decide whether an injury is serious enough to get over this limited tort requirement. Ask Jon Ostroff whether he thinks your injury is serious enough to overcome your limited tort insurance if no other exceptions apply.

-Can I recover money if I was injured as a passenger in a car with a driver that was related to me and was at fault? You can still be fully compensated even if your spouse, sibling, or any other relative caused your accident. You purchased insurance to protect you, or any family member, from being injured by any driver, even if that driver is a member of your family. In reality, your case is much more between you and your insurer then it is between you and your family member.

Uninsured motorist and underinsured motorist

-Why do I need UM and UIM insurance? Uninsured motorist (UM) coverage protects you if you are injured in a car accident and the driver who caused the accident does not have auto liability insurance. You may also have purchased Underinsured Motorist (UIM) coverage which will protect you if you are injured in an accident and the driver responsible does not have enough insurance to fully compensate you for your damages.

Police error

-What can I do if the police say it’s my fault but they’re wrong? Police officers frequently make mistakes. Police officers are under serious time constraints when at the scene of an accident and often have limited training to investigate the cause of an accident. Jon Ostroff has won cases by proving that the police reached the wrong conclusions and recovered millions of dollars for clients as a result. Call Jon and see if he agrees that you are right and the police are wrong.

-Do police reports ever get the facts wrong? Yes. Attorney Jon Ostroff has obtained recoveries for clients who were initially blamed by the police. One such recovery alone was in excess of $5 million. The police sometimes make mistakes. Contact Pennsylvania attorney Jon Ostroff to prove that you are right and the cops are wrong!

Drunk drivers

-My accident was caused by a drunk driver. Can I sue the bar for  serving the drunk driver? In order to hold a bar responsible for a drunk driving accident in Pennsylvania, the victim has the burden of proving that the bar served the at fault  drunk driver while they were visibly intoxicated.

-My teenage son was badly injured when he and his underage friend were served beer at a party. Parents served the beer. Can we sue the parents? You can sue the parents under the “social host” liability theory.

Property damage

-What if I owe the bank more money than my damaged car is now worth? This is a common occurrence. Call Jon Ostroff to make sure you are exhausting every avenue to receive all of the property damage money you are due and that you are looking at every other option available to recover additional money for all of your other losses.

-The other driver’s insurance company called me, should I talk to them? No! Insurance companies make more money than companies in practically any other industry. They are not in the business of helping you. The less they pay you, the more they make. Let your lawyer speak to them for you.

Injured bicyclist, injured pedestrian

- I was bicycling to work when I  was hit by a car. Can I sue the driver? Driver negligence is one of the most common causes of bicycle accidents. Bicycle accidents may also be caused by poor road design, poor bike lane design, traffic signal malfunctions, bad road signage, and negligent traffic safety officers. Call Jon Ostroff to see if you can recover money for the injuries you received in your bicycle accident. Jon will also help get your medical bills paid.

-My mother was walking in a crosswalk when she was struck by a car. Can she file a personal injury claim?  Driver negligence such as speeding, cell phone distraction, and recklessness is the most common cause of pedestrian accidents. Drivers have a responsibility to yield to a pedestrian’s right of way.If you were run down by a negligent driver and you were injured, you are due compensation. Even if you don’t have medical insurance available under an auto or health insurance policy, we can get your medical bills paid by the insurance company for the driver who hit you.

Hiring a lawyer

-How soon should I hire an Attorney after an accident? ASAP, your lawyer will need to pound the pavement and start asking questions and getting answers from witnesses.

-Can you help me? I was already turned down by another lawyer. Jon Ostroff’s legal reputation was built on taking difficult cases. Call Jon and he’ll tell you over the phone whether he thinks he can help you.

-Can I afford to hire a personal injury lawyer for my auto accident?  It’s simple. You don’t pay Ostroff Injury Law unless and until we get you money. If you have NO MONEY, we may be able to assist you in getting a loan to get you through this difficult time… and you won’t pay your loan off unless you receive money from your case. After an accident you can’t afford not to talk to an auto accident lawyer Pennsylvania.

As an auto accident victim, your world has been turned upside down. There are steps you can take to help turn the wrongs right. Take those steps now. Find out how.