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Following a car accident, you might feel confused and frustrated. If another person caused your injuries, you’re likely wondering what rights you have for collecting compensation from that person. In many cases, you will have options for recovering damages, but it will depend on the specific facts of your case.
When it comes to finding out what your options are, your best course of action is to start by researching Car Accident Injury Lawyers in Philadelphia. You can schedule a consultation with one of these attorneys to discuss your case and learn more about how the law might apply to you.
Does the Other Driver Owe Me Compensation?
Car accidents can be complicated. While there are some clear cases where one driver might be entirely at fault, there are others where two or more drivers might share the blame. If you and your lawyer can show that you are less at fault for a car accident than another driver, that other driver will likely owe you compensation.
Before you can recover, though, you will also be able to show that you sustained actual damages from the crash. For instance, if you sustained injuries but didn’t seek medical attention, you will have a harder time claiming that the other driver owes you damages for medical care. In reality, there are cases where someone will suffer injuries and not know right away because of the shock and adrenaline related to a car crash. Still, you might be able to show that you needed medical care in the days following a crash. You will need to be sure that you have documents to illustrate that those injuries are connected to the collision.
What if the Other Driver Doesn’t Have Insurance?
One problem that comes up in some cases is that uninsured drivers may cause injuries, and lack the ability to pay compensation to the person that they harmed. Although Pennsylvania law requires that drivers have car insurance, more than 7% of drivers on the state’s roads lack coverage.
In such cases, your best option is often to file a claim with your own insurance company. State law in Pennsylvania requires that all insurance policies include coverage for uninsured and underinsured drivers. Essentially, your insurance policy must include coverage for you if an uninsured driver causes you harm. Additionally, underinsured driver coverage kicks in when your injuries are so severe that the driver who caused your injuries’ policy doesn’t cover the total amount of your injuries.
Although people may think that negotiating these claims with their own insurance provider will be easier, this is not usually the case. Your own insurance company becomes the opposing party in such negotiations as they will want to limit their liability and minimize costs for themselves. Your attorney will be in the best position to carry out such negotiations and argue for fair compensation.
Filing a Lawsuit After a Car Crash
Sometimes, your attorney might be able to negotiate with an insurance company to get the compensation you need. However, you can file a lawsuit if the company isn’t willing to pay damages that reflect your injuries, medical bills, and other losses.
It is important that you enlist the help of a lawyer early on as they can help with the negotiations and work with you to come up with a number that you should be aiming to recover. Also, keep in mind that there are strict time limits on filing a lawsuit. If you wait more than two years to file the claim, you will no longer be able to bring the other party to court because of the statute of limitations.
Hiring an Accident Injury Attorney
Following a car crash, you owe it to yourself to learn more about your rights. The best way to find out how the law may apply in your individual case is to reach out to a car accident lawyer. Connect with The Law Offices of Greg Prosmushkin today for a consultation with one of our experienced Philadelphia car accident lawyers.