Car crashes are one of the leading causes of serious injury and death for almost any age group, gender, economic status, etc. No matter who you are, you deserve professional, compassionate representation after a crash.
Do not rely on your car insurance to cover you in full or to even have your back at all. Many car accident cases involve disputes over fault that can affect your payout, and you deserve to have all of your damages covered if someone else injured you.
For a free review of your car accident case, call Cardamone Law’s car accident attorneys at (267) 651-7945 today.
How Should I Deal with Car Insurance Companies After My Accident?
In general, you should avoid talking to insurance altogether if you can. After an accident, you are expected to report the crash to your own insurance, and claims are typically filed with your insurance and/or the at-fault driver’s insurance, but there are complications here.
Full Tort vs. Limited Tort Insurance
Pennsylvania uses a choice no-fault system, where you cannot sue for injuries or file a third-party claim against the defendant without “serious injuries” or another legal excuse. If you have a “full tort” policy instead, then you can go directly after the at-fault driver’s insurance.
We can help get your case to meet the standards for a lawsuit or third-party claim, meaning we can get more compensation from their insurance instead of relying on your insurance only.
First-Party Benefits
Your insurance may have coverage to pay for your injuries and vehicle repairs after you pay a deductible. These can get you partial coverage quickly, as fault is not an issue in these claims.
However, getting the rest of your damages covered means filing a claim against the at-fault driver. Often, that claim needs to go to court to be properly paid.
Insurance Representatives
Whether you are talking to your own insurance company or the at-fault driver’s insurance company, both companies have one goal: pay as little as they can to end the case. This means that even your own insurance company might try to undercut your claim, refuse coverage for certain damages, or even deny you altogether.
You should always have our car accident lawyers speak with the insurance companies for you to prevent any mistaken admissions and to prevent the insurance company from taking advantage of you.
How Do I Settle a Car Accident Claim?
Most car accident cases do ultimately settle, but that does not mean you should settle early. At the beginning of the case, the at-fault driver’s insurance company likely will not even look at your medical bills or lost wages to determine how much to pay you. Instead, they will base it on how much the case will cost them.
To get full damages, you must consider a few factors:
- What has your insurance already covered?
- What other damages are outstanding?
- What damages can be paid through insurance?
- Are there additional damages (e.g., punitive damages) you can only claim in court?
Additionally, policy limits are a big consideration. If the insurance company will only pay so much money, but the driver who hit you is wealthy or was working for a company when the accident happened, then suing might give you access to their funds to pay beyond policy limits.
How is Fault Determined in a Car Accident in Easton?
When filing an insurance claim, the insurance company determines fault. When you go to court, a neutral jury decides instead, often making that a more even playing field.
When a jury assesses fault, they need to see proof that the defendant breached a legal duty that they owed you and that that caused your injuries. This means that if you were the one to cause the crash or the accident could not be prevented, the defendant might not be at fault.
Usually, fault involves a traffic violation, such as…
- Speeding
- Tailgating
- Failing to signal
- Running a red light
- Running a stop sign
- Wrong-way driving
- Drunk driving
- Distracted driving
- Tired driving
In some cases, both drivers did something wrong. When that happens, courts can assign partial blame to each driver and reduce the victim’s damages by their own share of blame, as long as the victim was a maximum of 50% at fault.
What if I Was in a Car Crash in New Jersey?
Easton is right across the border from New Jersey, and many Easton residents need to go into New Jersey to commute, run errands, or visit friends. If a crash happens across the border in another state, you may have to file there instead.
The reverse is true if you live in NJ but got into an accident in Easton: you should call our local attorneys to handle your case in Pennsylvania.
What if I was Hit by a Jersey Driver in Easton?
If you were involved in an accident in Easton but another driver was from New Jersey, you can still handle your case as you would any other accident. You can still file with your insurance, and the defendant’s insurance typically provides special coverage for out-of-state accidents. You would file your case here in Easton and can use the services of our Easton attorneys.
How Long Should I Wait Before Calling a Lawyer?
Generally, you should not wait to call a lawyer after an accident. If you are hospitalized and need time to recover before you can think about hiring a lawyer, it is acceptable to wait. Even so, we can still start on your case while you focus on recovery.
The sooner you call us, the better. Not only can we begin claims with your own insurance to cover immediate expenses, but we can also collect evidence you might have missed, talk to witnesses, and even start a claim with the at-fault driver’s insurance.
The sooner we start your case, the sooner we can end it. If you wait too long, you might run into issues like the statute of limitations, which blocks cases filed later than 2 years after the injury.
Call Our Easton Car Accident Attorneys Right Away
For a free case assessment, call the car accident lawyers at Cardamone Law at (267) 651-7945.
