Philadelphia Car Accident Lawyer Blog

As a consumer, I am quite frankly annoyed every time I get an insurance bill with an increase in premium. I am even more aggravated in my capacity as a catastrophic injury lawyer when a sterling client with no prior claims history has a legitimate catastrophic injury claim involving absolute liability and is unfairly denied benefits that are clearly owed.

As a catastrophic injury lawyer who has handled a number of bad faith insurance claims and thousands of injury claims over the last three decades, I have been able to pull back the curtain somewhat to reveal how many insurance companies systematically and deliberately squeeze out America’s customers particularly in a time of economic crisis. When you buy insurance whether it be a homeowner’s policy or an automobile policy, you have every right to expect that the insurance company will be bound by the promise to pay you when benefits are due rather than engage in a path of deception by throwing every financial hurdle or obstacle in your path.

I recently had dinner with a gentleman who in a “past life” was a top executive in one of the nation’s largest insurance companies. He bragged to me how his adjusters would routinely deny claims and call for unnecessary peer reviews of those in unequal bargaining positions who had average or below average lawyers representing them, if any lawyer whatsoever. He claimed that his company would make interest on the money float of funds not timely paid.

With most families struggling to hang on these days and employers struggling to stay in business as healthcare, healthcare insurance rates, and automobile insurance rates continue to rise, we now notice that the executives heading the insurance companies have been giving themselves huge raises. Certainly this is not reflected in their effort to improve healthcare, yet it is clearly reflected in their effort to affect the bottom line profitability of the company which still to this day remains diametrically opposed to claimant satisfaction.

As we enter a new year, it is my hope that the pendulum may swing from an era of extreme greed and to one of a more reasonable methodology.

As the law firm of Reiff and Bily enters its third decade representing catastrophically injured victims and their families, we are honored to have been selected in 2011 again as Pennsylvania Super Lawyers and to have also been recognized by Arrive magazine as the best and brightest and top Northeast attorneys. Reiff and Bily has also been awarded an AV rating by Martindale Hubbell representing the highest possible peer review rating in terms of legal ability and ethical standards for over 17 consecutive years. Both Raymond Bily and Jeffrey Reiff have been consistently selected for inclusion as Pennsylvania Super Lawyers and are gratified to be recognized in this way by their peers, colleagues, and clients.

Recently Jeffrey Reiff was also selected as one of the Top 100 Trial Lawyers by National Trial Lawyers and has also received a 10/10 superb rating by Avvo in 2011. Avvo is an independent lawyer rating system utilizing independent lawyer reviews of selected candidates. Since 1979, Jeffrey Reiff has dedicated his practice to upholding a standard of excellence in the practice of personal injury law and has a noted passion as an advocate for victims of catastrophic accidents.

While many lawyers look for the “easy A,” the lawyers and staff at Reiff and Bily understand that a courtroom and skilled lawyers make all men equal, the pauper the equal of a Rockefeller, the student an equal of an Einstein, and the ignorant man the equal of a college President. Our staff and lawyers understand that the loss and tangible value of dreams and hopes is more important than corporate profits and corporate greed. As we welcome in 2012, we wish all of our clients a happy holiday and we will continue to earn our respect one case at a time dedicating ourselves to representing catastrophically injured victims and their families in all aspects of motor vehicle accidents, highway defect litigation, premise liability (slip and falls) litigation, product liability litigation, medical malpractice, nursing home abuse, and sexual abuse/misconduct litigation. We are forever grateful to our clients, colleagues, and peers who have enabled us to earn our reputation.

Over the last year, our law firm has been retained to represent catastrophically injured victims of trucking accidents as well as high profile bus accidents. One thing is very apparent, many truck and bus operators continue to put greed first and stress profits over safety. Driver fatigue is the number one epidemic and safety problem in the commercial motor vehicle transportation industry and is perhaps the most dangerous hazard on the road today. Unfortunately, as is the case with many of the clients we have represented who have been in bus or trucking accidents, shortcuts, health deficiencies, and driver fatigue are often easily predictable, yet an easily preventable means of highway tragedies.

When I meet with a client who has had the wind knocked out of his or her sails economically, financially, and medically at a young age as a result of a truck or bus accident, it angers me and makes me aggressive to the point of doing anything it takes to win for my client. Yes, I am one of the greedy trial lawyers, I am greedy for client justice. I find it most interesting that those who we regularly litigate against, as well as their lobbyists, often note that trial lawyers are greedy. The fact is, actually, that fatigued drivers and shortcuts in the monitoring of commercial vehicle drivers is a national monument to corporate greed. Many government officials and trucking industry executives are acutely aware of important and extremely dangerous safety issues, yet they continue to ignore them due to greedy profits or motives. If you combine these factors with the increased usage of cell phones and texting while driving, which has been banned in all but a few states, there exists a national epidemic on our highways that is largely being ignored.

The catastrophic injury, car accident, and bus accident lawyers of Reiff and Bily are committed to consumer safety and will continue to fight the fight against greedy corporations with our clients one case at a time. If you or a loved one has been injured in a truck or bus accident, contact one of our experienced Philadelphia catastrophic injury lawyers for a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

As an experienced Philadelphia car accident attorney, I have litigated some horrific cases involving catastrophic injuries and deaths caused by or related to a driver texting while driving. Over the last few years, I have been a crusader with several families of victims I have represented to impose a texting ban while driving.

Last month, the Commonwealth of Pennsylvania joined the wagon and became the 35th state in the country to forbid texting while driving. A national survey representing the first government study on distracted driving released on Thursday, December 8, 2011 revealed difficulties faced by state law officials in discouraging texting and talking on cell phones while driving. In fact, despite the ban on texting, there have been more texting accidents recorded than ever. Although statistics indicate there were an estimated 3,092 deaths in 2010 caused by inattention to driving while texting, I can assure you that this figure greatly understates those that are catastrophically injured or killed while texting.

When I first became a crusader against the use of cell phones for texting while driving, I was attacked by many individuals and organizations on blog sites. If you are reading this, just ask yourself, would you answer a cell phone call while driving or do you ever text while driving? If you are honest, I bet you already know the answer. As a matter of fact, I was just driving down Interstate 80 and was almost run off the road by an 18 wheeler who passed me at a high rate of speed and I noticed that yes the driver was indeed on a cell phone. It is frequently stated in many trials that bad things happen to good people, but apparently the bans on texting while driving are not working without an ability to enforce the bans on texting while driving. We will have a law of words on the books without teeth. Actions always speak louder than mere words.

The Philadelphia car accident lawyers of Reiff and Bily have been committed to automotive and motorist safety since 1979. If you or a loved one has been involved in a car accident, put a team of experienced car accident lawyers on your side. We always offer a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

As an experienced Philadelphia car accident attorney who has investigated and litigated significant cases of injuries to the temporomandibular joint (TMJ), resulting from car accident traumas over the last thirty years, I think that TMJ is a serious complication or injury that too often goes underdiagnosed and is suffered by many car accident victims. A few decades ago, TMJ was regularly claimed by many victims of car accidents almost to the point that the diagnosis was being suspiciously viewed and evaluated by insurance companies. Many dentists had a cottage industry evaluating TMJ cases after car accidents involving whiplash injuries, and I too became suspicious.

I recently had the occasion to resolve a car accident case in an amount in excess of $1.5 million dollars where a significant TMJ injury was sustained by my client who suffered a significant trauma to the area of her jaw as a result of collision forces. The mechanics of a TMJ injury reveal that when the head whips forward in a violent fashion as the result of an impact, the joints of the jaw are dislodged forward and pulled out of the jaw socket. Jaw movement is controlled by a complex balance of many muscles which allow the mouth to open and close when talking, chewing, yawning, singing, or shouting. It may not be weeks or months until after the accident that the client or patient notes that they have excruciating headaches, painful neck movements, ringing in the ears, jaw pain, dizziness, balance problems, unusual and unexplained fatigue, pain in the teeth, popping of the jaw, inability to open the mouth widely or difficulty closing the mouth.

Many times normal medical providers do not recognize TMJ and are unable to provide a conclusive diagnosis. Many insurance companies still view TMJ with suspicion due to a lack of understanding. However, there exist many skilled dental practitioners who understand that if improperly treated, surgical recourse may become necessary, and if left untreated, the patient may not fully recover due to unrecognized damage to the jaw joints and jaw muscles. Many times conservative physical therapy can resolve TMJ and the involvement of a TMJ specialist can be highly instrumental in maximizing the value of a car accident claim.

If you or a loved one has suffered a TMJ injury due to a car accident, please contact one of our skilled Philadelphia car accident attorneys for a free, no obligation consultation. For more information, contact us toll free or online at www.reiffandbily.com.

All human life has a destination and it is said that God laughs at those who make plans. As an experienced catastrophic personal injury lawyer since 1979, I am all too well aware of what happens when an unexpected tragic event occurs, resulting in the devastating loss of one’s hopes and dreams. Each year in my profession as a catastrophic personal injury lawyer, I become intimately involved in the lives of victims and their families whose lives have been changed forever. I have learned some of the most important lessons in my life and have enjoyed some of the highest and truest moments in my life observing the intangible and invisible spirit of the human heart and mind. The shattered hearts and hopes of many of my clients have enabled my head to understand more for tomorrow and I have understood that although many people ask for happiness on conditions, happiness can only be felt if you do not set any conditions.

At this time of the year, we must celebrate each day and understand that the hardships that are put in our path or life enable us to gain strength, courage, and confidence by every experience where we look fear or horror in the face. One must be able to say to oneself, “I have lived through this horror and I am able to take the next thing that comes along.” Mark Twain once said that “courage is not the absence of fear but the mastery of it.”

Based upon last year’s figures, the National Safety Council estimates that more than 600 people across the United States will die in motor vehicle crashes during the Christmas season and more than 60,000 will be seriously injured in a car accident. Never drink while intoxicated and understand that you must drive defensively during the holiday season. Most of these accidents can be prevented with the exercise of caution. Take it from one who often sees the tragic consequences of accidents.

Since 1979 as an insurance claims attorney representing seriously injured victims as a result of product liability lawsuits or car accident claims, there is one thing of which I am certain: the insurance industry has increased their combative tactics in delaying, denying, and defending their actions against payment of legitimate claims.

In a recent permanent injury claim, I represented a high level executive of a Fortune 500 company whose income dwarfed not only those of the claims adjuster handling his case, but also probably many of the executives of the insurance company. As we moved forward with the insurance carrier handling his claim, it was apparent that there are more than the normal amount of hoops and obstacles for this “sterling” client to jump through.

As it turns out, the initial adjuster was inexperienced and did not have the depth or understanding required to properly and legitimately evaluate the victim’s claim for monetary damages and pain and suffering. In fact, the adjuster told me on several occasions that she was overworked and despite assurances that she would correspond or telephone me regularly, I could never contact her, prompting me to immediately move this matter to litigation. Once the litigation process was commenced, a conversation was had with one of the supervisors of the insurance company claiming that he had never seen things so bad at his company in the 35 years that he had been employed there. This was not a staged accident or an exaggerated injury claim, and my client had the right to expect that the benefits he expected when he purchased the policy would be paid in a timely fashion.

While trial lawyers take a beating in the press and on the airwaves via the mouths of politicians, I am concerned that the tactics being increasingly utilized by many of the nation’s largest insurance carriers in avoiding payment of justified claims is not receiving enough attention and that there is more insurance company bad faith and unfair insurance practices than ever.

Earlier this year, Allstate Insurance Company opened what they are calling “The Insight, Design, and Innovation Center” which studies ways to better serve policyholders. An Allstate Senior Vice President of this division allegedly asked “Why can’t I use the phone to take pictures of my damaged car and generate an automated claim?” Allstate then began what it calls a “collaborative program.” The first product offered by the Allstate Insight, Design, and Innovation Center is called “Drivewise” an auto insurance product that includes a device embedded in the vehicle that tracks certain motoring habits and makes consumers eligible for discounts if they engage in low risk behaviors.

Notably other car insurance providers such as Progressive and State Farm are also providing similar products.

Another concept that Allstate is working on involves an automated claims process which involves multiple systems combining the use of cameras, lasers, and scanners to assess the vehicle’s damage and enable the vehicle owner to submit a claim without help from a claim center, representative, or agent. According to an Allstate representative, “We have lasers and photo equipment taking pictures of your damaged vehicle to understand how we can automate the process so you can do it on your terms, drive up, and have it all done without needing a person to inspect a damaged car.” While the Allstate Vice President recognizes that “standard cameras make it difficult to see a dent of a millimeter or two”, I am more concerned as an experienced Philadelphia car accident lawyer that damage may lurk beyond the surface of the vehicle or in the frame of the vehicle that may not be picked up by lasers or cameras.

In the current climate of delay, deny, and defend strategies being increasingly utilized by more and more insurance companies together with computerized settlement programs, I am somewhat concerned that this will be just another hurdle for claimants to jump in the proper resolution of their claim. While I salute efforts to move the claims process forward with the use of technology, I remain skeptical that these innovations will be utilized in the best interests of the consumer in paying the maximum value of the claim they are due.

The experienced Philadelphia car accident lawyers of Reiff and Bily are committed to consumer and automotive safety in the just and fair processing of insurance claims. If you or a loved one has been involved in a car accident, we always offer a free, no obligation consultation. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.