Philadelphia Car Accident Lawyer Blog

Many times after a Pennsylvania car accident, a client will come to my office claiming that his insurance agent told him that he purchased “full coverage.” When I review the policy or contact the agent, unfortunately many times the insured has not purchased “full tort” coverage and claims that the difference between full tort and limited tort insurance coverage was not explained to him by his agent. Representation by an insurance company or agent that you are getting “full coverage” does not necessarily mean that you actually have full coverage when you are in a car accident. Many times insurance companies pay their agents a higher commission and have other incentives for selling a limited tort policy instead of a full tort policy which provides minimal coverage. Customers often purchase insurance from the agent and are told they have “full coverage” and they are many times presented with waivers that they never read listening to the insurance agent’s sales pitch claiming they are buying “full coverage” but “limited tort.”

When you purchase a limited tort policy, you give up the right to receive compensation for pain and suffering if you are injured in a car accident in Pennsylvania. Pennsylvania car accidents can lead to injuries and long-term disabilities that last for months and even years and until you are in an accident, you may not recognize the pain and suffering that you will go through. People unfamiliar with limited vs. full tort threshold chose limited tort basically because the insurance agent tells them it will save them a few dollars which is really only approximately 10 to 15% on the premium or they feel that they will never be injured in an automobile accident. If you buy limited tort insurance, you sacrifice full protection for you and your family members who are covered under your insurance policy. Limited tort puts you and your family at risk in your own car but even applies when you or your children are injured as passengers in someone else’s car or as a pedestrian. Of course there are exceptions to limited tort but they are strictly interpreted against the insured. If you purchase full coverage insurance, which many people mistake as full tort coverage – beware of the consequences.

If you would like a free insurance policy review, please contact one of our experienced Philadelphia car accident lawyers at 1-800-421-9595 or online at www.reiffandbily.com for a no obligation, no fee consultation.

When you purchase a policy of insurance and spend your hard earned dollars, you expect that by paying those premiums every month you should be guaranteed the necessary help when you most need it. More and more I am noting that insurance adjusters are misrepresenting coverage, as well as denying benefits based on outright falsehoods. It is unconscionable and becoming more widespread.

Recently I was retained to represent a man who was rear-ended by an intoxicated driver. My client and his passenger required extensive medical treatment and yet his own insurance company who was responsible for medical payments told him that his vehicle was not covered under the policy even though my client had a letter to his agent registering the vehicle at least six months prior to the accident and had a policy noting that the vehicle was covered. Of course my client was from a small town in upstate Pennsylvania and perhaps the insurance adjuster thought that he could take advantage of this gentleman. Unfortunately, the denial of my client’s medical benefits and property damage claim forced my client to enter into litigation due to the fact that the company by the actions of its agents, servants, or employee adjuster failed to live up to their contractual commitments to their insured. In the immediate case, the insurance adjuster tried to blame his actions on the agent and the agent, of course, pointed the finger to the insurance adjuster.

The bottom line is that no matter what type of warm and fuzzy feeling you get from insurance television commercials, trust me the insurance companies are not your friends. Truthfully, your insurance company is nothing more than a business and its relationship with you is nothing more than a business relationship and the only way they can make a profit is to keep costs down. Therefore, there is an incentive to pay you late, little, or nothing when you file a claim. In a report prepared by The American Association for Justice, a former Allstate adjuster Jo Ann Katzman reported, “We were told to lie by our supervisors. It is tough to look at people and know you are lying.” For more information, see an article by David Dietz and Darrell Preston, “The Insurance Hoax”, Bloomberg News 2007 or “The Ten Worst Insurance Companies in America” published by The American Association for Justice.

You need to be smart and savvy to deal with your insurer and you have to fight back and thwart the aggressive and abusive tactics by insurance carriers. The experienced Philadelphia car accident lawyers of Reiff and Bily have engaged in tens of thousands of fights against insurance companies and are not afraid to put on the boxing gloves to place you on equal footing. Our record of success speaks for itself. If you or a loved one has been involved in a Pennsylvania car accident, please contact one of our experienced car accident lawyers at 1-800-421-9595 or online at www.reiffandbily.com.

As an experienced Philadelphia car accident lawyer since 1979, I am astounded by the hardball unreasonableness taken by many insurance carriers if and when the claimant has a definitive and objective injury.

I recently had a discussion with an insurance adjuster regarding a client who sustained a fracture of her left foot, was treated for six months, and was casted. Believe it or not, the initial offer from the adjuster to this client was in the amount of $2,500 to $3,500 max. Not only was this offer most offensive, but it forced the client to litigate her claim. Any experienced Pennsylvania car accident lawyer would value this claim with at least a ten or twenty fold multiple

According to a recent survey conducted by a major news network, the hardball game is being played by car insurance companies with increasing frequency. This recent trend of “play hard” is a strategy adopted and imposed by two of the largest insurance companies in the country, namely State Farm and Allstate. According to a CNN poll, the results of this strategy have been extraordinarily profitable for the insurance companies, but have caused harm to consumers. When they tell you, “You are in good hands,” maybe they are only giving you part of the hand, the middle finger.

What I have learned after 31 years as a Philadelphia car accident lawyer with a very successful track record is that if you disagree with an insurance company, fight back. Don’t let a lowly insurance adjuster insult you. You only get one bite at the apple and it better be a big one. You can contact an experienced Pennsylvania car accident attorney who will take your case on a no recovery, no fee basis and pay the attorney a small percentage of the recovery. CNN spoke with Roxanne Martin of Santa Fe who sustained injuries to her back and neck on minimal impact. Allstate initially offered her a minimal settlement. Yet when she took control of her own destiny, a jury awarded her $167,000.

We recently completed a case where the initial offer was $10,000 and the case was resolved well into the six figures. The truth is that car accidents have a devastating impact on one’s life and it never makes sense to haggle with an insurance adjuster for several months. They have selfish interests to maximize profits and minimize the value of your valid claim.

Put an experienced team of lawyers on your side and place yourself on equal footing with your insurance company. If you or a loved one has been involved in a Pennsylvania auto accident, please feel free to contact one of our experienced Pennsylvania car accident lawyers at 1-800-421-9595 or online at www.reiffandbily.com.

According to a recent report from the National Insurance Crime Bureau, the number of staged automobile accident claims has risen in recent years allegedly due to nationwide economic hardship situations. Questionable claims are up 46% from 2007 through 2009. Typically a staged car accident involves drawing an unsuspecting motorist into a collision and then filing a claim. Other examples include parties intentionally colliding with each other to file property damage and medical claims resulting in the loss of money to the insurance carriers which typically gets passed on to other drivers. One common scenario involving staged accidents many times results in fatalities or catastrophic injuries as a result of violent collisions and staged accidents. The states reported to have the most staged car accidents are Florida 3,306, New York 16,080, California 1,619, Texas 792, and Illinois 743. Prominent cities for staged accidents are New York City, Tampa, Miami, Orlando, and Houston.

As an experienced Philadelphia car accident lawyer since 1979, I have no tolerance for insurance fraud or staged accidents. Consumers should visit www.nicb.org to review the site's library of valuable theft and fraud awareness information as well as examine specific brochures describing staged accident fraud.

The National Insurance Crime Bureau headquartered in Des Plaines, IL is the nation’s leading non-profit organization exclusively dedicated to preventing, detecting, and defeating insurance fraud and vehicle theft. Insurance fraud is a crime to be taken seriously. Help prevent it.

Two weeks ago, I was consulted by a woman whose vehicle was rear-ended while her son was with her and thankfully she suffered no injuries. However, her vehicle sustained rear-end damage. She was advised by her BMW dealer that the cost of repairs would be approximately $2,400 and another shop wrote the estimate at close to $2,000 allowing for a supplement. The insurance adjuster for the defendant’s company evaluated that it would cost approximately $1,100 at most for the repair and wanted to use used parts. The property damage adjuster is responsible for writing the repair estimate for your vehicle after a car accident. The insurance company is liable for all property damage related to the accident. In this scenario although liability was clear, the insured attempted to settle on his own without his insurance company for a fraction of a fraction offered by his insurance company.

Simply put, if you are involved in an automobile accident through the fault of another, you are entitled to be paid full value for property damage and do not have to use used parts. You are also entitled to reasonable automobile rental charges incurred as a result of the accident, as well as the costs attributed to the accident such as towing, storage, etc. In the defend, delay, deny culture embodying the mentality of insurance companies these days, if there is a tremendous disparity between the estimates of your body shop, another shop, and what the adjuster writes, a red flag should go up. In most cases, the insurance company is trying to negotiate on an uneven playing field and if you are not injured and do not have an attorney to take your case, they are betting that you will accept the lowest fee and that they can get away with using used parts. In fact, don’t be bullied by these individuals. You can even file a small claims court complaint if the matter in question is under $10,000.00. If in fact you were seriously injured you should contact an experienced Philadelphia car accident lawyer as well.

Yesterday I had the opportunity to meet with a very nice woman who was catastrophically injured as a result of a car accident. This educated woman and single mom had been attempting to negotiate her claim with her insurance company for many months and despite clear cut liability and the most catastrophic injuries, I was astounded that the defending insurance company did not immediately tender their full policy limits. Quite frankly, the limits of the insurance policy were only worth a small fraction of her actual loss based on my 31 years as an experienced Philadelphia car accident attorney.

When I met this very nice woman, she was emotionally distraught and felt guilty hiring an experienced Philadelphia car accident lawyer. Added to the scenario was the fact that her mother and siblings made her feel like a bad person for hiring a lawyer to recover compensatory damages for her car accident. An immediate read of the situation left me to recognize that this woman would indeed be suffering from permanent injuries and was clearly entitled to significant compensatory damages. What she and her family members also failed to understand it that the insurance company’s main objective was not to protect her, but in fact to increase their profitability and their shareholders’ return by minimizing claims and payments and avoid paying even justified claims.

Obviously, the experienced insurance company adjuster knew that the company would ultimately be forced to pay their minimal policy limits and yet repeatedly failed, refused, and neglected to make an offer in good faith. The actions of the insurance company forced the unknowing claimant to hire a lawyer to enter into litigation.

My personal belief is that the action of the adjuster and the insurance company is unconscionable and may rise to bad faith. However, after over 30 years of experience, I am well aware of this wide spread situation of insurance companies trying to take advantage of situations such as this with an inexperienced player on an uneven playing field. Insurance companies are more and more failing to live up to their contractual commitments to their insured, focusing instead on their return to shareholders and their bottom line. It is important that claimants not be afraid of insurance companies and hire experienced car accident lawyers who know how to fight back and thwart aggressive and abusive tactics. You need to be on even ground when dealing with such scoundrels.

If you or a loved one has been seriously injured as a result of a car accident, don’t be afraid to call one of our experienced Philadelphia car accident lawyers at Reiff and Bily for a free no obligation consultation. We offer a no recovery, no fee guarantee.

I recently read author Jay Feinman’s book Delay, Deny, Defend and give it a 5 star review. As an experienced Philadelphia car accident lawyer since 1979, I have been combating insurance companies with great success and have been well aware that an insurer’s main objective is not to protect you but to avoid paying justified claims in the name of profits. Unfortunately the tactics of an insurance company force claimants to enter into litigation to fight on even ground and thankfully, from a selfish perspective, the law firm of Reiff and Bily has been extraordinarily successful representing injured claimants who were wrongfully denied their rights by insurance companies.

Professor and expert Jay Feinman explains in detail the infuriating and systematic abuses insurance companies use to delay, deny, and defend against your claims. He explains how computer programs arbitrarily cut the settlements offered to automobile accident victims on a take it or leave it basis. He notes how claims adjusters receive cash incentives to reduce the amount paid by the insurance company on each claim. Professor Feinman shows you how to fight back, explaining how to choose a carrier that won’t take advantage of you, how to file a claim so that your provider cannot avoid paying you, and what to do when your insurer disputes your claim. He also details steps that lawmakers need to take to protect consumers and thwart aggressive and abusive tactics. As the book’s folder indicates, no matter what advertisements say, your insurance provider is not your friend or your good neighbor. You need to be smart and savvy to deal with your insurer and Delay, Deny, Defend tells you what you need to know.

I highly recommend this book.

As of this date, you should know that Philadelphia police officers are not required to respond to minor fender bender car accidents in the City of Philadelphia. This experienced Philadelphia car accident lawyer predicts more chaos and increased litigation as insurance companies who do not have police reports already seem to use this lack as a reason to litigate and assess credibility of the players and parties in the accident.

Worse yet, consider the scenario where it is late at night, your car is in an accident and you are afraid to get out of the car to exchange information due to the fact that the other vehicle is loaded with gangster type characters or if you are a woman and a man is in the other car, a frightening situation may also prevail. I recently read an article by Solomon Jones in the Philadelphia Daily News who stated that “If you are among the conscientious drivers who have real insurance, you don’t want a police report.” He claims that that little piece of paper just helps the uninsured people who hit your car to get a neck brace through your insurance company and drive your rates sky-high.” I firmly disagree. If you are in a car accident that is not your fault, you have the right to recover compensatory damages not only for bodily injury but also for property damage to your vehicle and many people do not have proper coverage for damage to their auto.

In many of the cases that I have been involved with since 1979 involving car accidents where there was no police report, the insurance adjusters signaled the case with a fraud alert. They use this tactic to deny, delay and defend non-payment of otherwise valid claims. The litigation process can be costly and if the case does not have serious enough damage in terms of physical injury, you may have a difficult time finding a lawyer to accept the case and prove which party is credible.

I will be curious to observe how this situation plays out over the next few months and years.

In many of the car and truck accident cases that I have handled since 1979, I am often called by the client after the client has given a damaging or inappropriate statement to an insurance company. Many times the unknowingly injured client will give an inappropriate statement which is extraordinarily damaging to an otherwise excellent claim. One always has to remember that insurance companies are in the business of remaining extremely profitable and will fight tooth and nail when it comes time to pay out claims and will look for every excuse in the book to deny the insured what they are rightfully owed under the terms of the policy.

I recently encountered an investigator from a defendant’s insurance company who sought to bully my client and myself into giving a statement when in fact I informed him that he was not entitled to the same and we would only have one bite at the apple after deposition where my client was represented by an attorney. Although he seemed to be persistent, he finally backed down after I asked him if he would permit his client to give a statement to my company and he replied no. He told me “You can’t blame me for trying” and told me that most times he is able to charm a statement out of a claimant or otherwise unknowledgeable claimant’s attorney.

Many times insurance companies will make false promises or have you sign a document without legal representation which gives them the right to settle your claim for a fraction of its true value. We have found that on average a client who retains a knowledgeable and experienced attorney after a car accident or truck accident will likely recover multiples of the offer made to him without legal representation. I would hesitate for anyone to represent themselves without a lawyer and always remember the saying “He who represents himself has a fool for a client.” Liability laws can be extremely complex and insurance company executives and their team of adjusters are experts at calculating new ways to defend, delay, or deny payment in the interest of company profitability.

As a catastrophic injury and bad faith insurance claims lawyer who has been battling insurance companies since 1979, I am very familiar with the tactics that private insurance companies use to deny, delay, and defend claims. While I hate to bring politics into my articles, the recent healthcare debate which has been examined closely indicates how many ill people are at the mercy of insurance companies. I have seen first hand many cases where sick people are told their insurance is canceled even though they received no notice or a case where somebody is on their way to surgery and their insurance is rescinded because the insurance company can get away with it and the person does not have the dollars or time to fight back. The victims in need of medical care are told “you have a pre-existing condition which is not covered” and you can’t have health insurance nor the required medical procedure or surgery.

Recently I became involved in a significant catastrophic injury case and after we placed the health insurance carrier on notice, we were told that the policy was in fact canceled prior to the accident despite the fact that my client had correspondence indicating the contrary. Frankly, had the insurance company and its adjuster been honest with the client, there would have been no need for my client to hire a lawyer and incur additional expense.

I practice law with the motto that is simply stated, “without integrity nothing stands.” The U.S. insurance companies comprise one of the most powerful industries in the world and they often commit widespread and systematically driven illegal bad faith insurance practices and schemes at the expense of their policyholders who pay hard earned dollars to purchase a policy. I have spent the last 31 years of my life handling legitimate claims with individuals that were denied by insurance companies many times in a bad faith manner and I probably have litigated against most of the major insurers in the United States. I have been witness to their abusive, deceptive, and illegal merry-go-rounds that they put their insureds and defendants on as they attempt to use the litigation process to their advantage while they collect interest on monies that remain in reserves or while successful verdicts are on appeal. It seems that the goal of many insurance companies and their lawyers is to intentionally delay and drag out cases putting off payment for as long as possible.

Since 1979, the catastrophic personal injury law firm of Reiff and Bily has successfully represented thousands of consumers by aggressively fighting against insurance companies for bad faith. We are committed to fighting insurance company abuse and understand the tactics of the insurance industry and the roadblocks that they put in the path of justice. If you need a bulldog lawyer ready to employ a hardball boxing strategy against an insurance company, please feel free to contact one of our experienced bad faith industry lawyers.

If you live in Philadelphia, which is being crippled by the recession, your auto insurance costs approximately 3 to 4 times what it would cost other cities. Philadelphians traditionally have paid more for insurance than their counterparts in Baltimore, Chicago, and Cleveland despite much higher theft rates in those other cities. So, why is insurance in Philadelphia much higher? The answer is simple. Many Philadelphians have few assets and no insurance and therefore, people involved in car accidents with an uninsured motorist have to collect from their own insurance company through their uninsured or underinsured motorist policy. The theory is that uninsured motorists and drivers cause premiums to be higher and when premiums are higher more people opt out against buying car insurance thereby creating a vicious circle.

At the Philadelphia car accident law firm of Reiff and Bily, we are seeing more and more uninsured motorist cases coupled with bankrupt defendants who have no assets. Unfortunately, state regulatory agencies and law enforcement officials are not doing a great job enforcing mandatory insurance laws. Simply enacting a mandatory insurance law, which a majority of the states have already done, is not the same as enforcing a mandatory insurance law. Now more than ever, it is important to completely review your automobile insurance policy to make sure that you are properly covered as chance favors the prepared mind.

The experienced Philadelphia hit and run and uninsured car accident lawyers at Reiff and Bily offer a free no obligation consultation to review your policy and have represented thousands of uninsured and underinsured motorists since 1979.

As an experienced Philadelphia car accident attorney, I am normally one of the first calls made by a victim after a car accident when someone is seriously injured. As I have handled over 10,000 car accident cases since 1979, I have witnessed numerous changes in the automobile insurance and car accident laws of Pennsylvania and the in way that automobile insurance companies are doing business. Unfortunately, many of the low cost carriers will throw every obstacle in the way of an insured when it comes time to process a claim. Most times they emphasize their own profitability rather than their insureds interests.

Just last week, our office resolved a bad faith insurance case against one the nation’s major low cost carriers due to the fact that the carrier repeatedly failed, refused and neglected to pay proper attention to their insured’s cause of action and looked for every excuse in the book to delay, deny and defend against the insured’s claim at a time when their insured most needed a helping hand and coverage. Although many times the advertisements for these carriers are warm and fuzzy, it is often best to shop around and seek the opinion of someone well versed in insurance claims to determine which insurance carrier is best at handling claims.

At the experienced Philadelphia car accident law firm of Reiff and Bily, we offer free no obligation consultations and we would gladly open our telephones and doors to give you a free car insurance check up. If you buy an insurance policy, you expect security. Don’t fall into the no pay zone.

According to a December 4, 2009 article in the Philadelphia Legal Intelligencer, a Philadelphia judge denied Matthew J. Adamitis uninsured motorist benefits from his personal insurer, Erie Insurance Exchange, after he had an accident in a work vehicle. The judge ruled that the public policy goal of the Motor Vehicle Financial Responsibility Law is not to protect the insured but the insurer. Adamitis argued that denying a worker underinsured motorist coverage by his private insurer when his work did not purchase UIM coverage was contrary to the public policy goals of the MVFRL. Judge Frederica A. Messiah-Jackson stated that the regular use exclusion in Adamitis’ insurance policy was not against public policy. According the judge’s opinion, “The purpose and policy of the MVFRL is not to protect employees, rather UIM functions to protect insurers against forced underwriting of unknown risks that insureds have neither disclosed nor paid to insure.”

While Judge Messiah-Jackson’s opinion is consistent with hundreds of other similar Appellate Court rules on the issue, attorneys in the case commented that it comes down on the opposite side of a ruling in an Allegheny County Common Pleas Court that was issued a month earlier. In that case, Ciminel v. Erie Insurance Exchange, Judge Timothy P. O’Reilly issued a one page Order granting a Motion for Summary Judgment ordering Erie to pay Ciminel’s UIM benefits. Judge O’Reilly wrote in that Order that he was persuaded by a 2007 Opinion out of Lackawanna County in Decker v. Nationwide Insurance Company. In that case John Decker was a police officer injured by an underinsured motorist while driving his cruiser. The attorney for the insurance company stated that it was important that the Judge in the Adamitis case found that the exclusion was both valid and enforceable. More details of this case can be found in the case of Adamitis v. Erie Insurance Exchange.

On November 30, 2009, representatives from the government of Michigan announced an automobile insurance reform proposals that would shine a spotlight on the auto industry’s unfair pricing practices and make insurance more affordable by giving the state’s insurance commission final say over rate increases, as well as the power to order refunds for consumers who were charged excessive rates. Michigan drivers pay the second highest auto insurance rates in the United States not so far behind drivers in Pennsylvania. Under the Michigan plan, all low income drivers would be required to purchase a bare bones $600 policy whereupon the government would force insurance companies to reduce their auto insurance rates. Not so surprisingly, auto industry executives claimed that such a proposal would create more law suits and cost the insurance industry jobs.

Unfortunately as we see from the hit and run car accident epidemic in Pennsylvania, many people are unable to afford insurance, causing accidents and leaving the scene fearful of legal ramifications. The excessively high rates now enforced in Pennsylvania and many states results in more motorists driving without coverage. The Michigan proposal would allow the insured to buy less medical coverage.

This Philadelphia car accident lawyer salutes the efforts of the Michigan legislature and recommends that the legislature of Pennsylvania view this proposal closely and give thought to the same in order to help improve the number of uninsured motorists driving on our roadways and help make an impact on the hit and run epidemic that is affecting our citizens.

I am currently involved in an exciting case against one of the nation’s major insurance carriers who we feel has breached their fiduciary obligation to their insured in failing to handle a claim in good faith. Since 1957 through the present, there has been a stream of cases in Pennsylvania highlighting the progression of bad faith law. 42 Pa C.S. '8371 sets forth that the term bad faith concerns the duty of good faith and fair dealing by an insurance company in the party’s contract and the manner by which an insurer discharges its obligation of defense and its obligation to pay for a loss.

The Supreme Court of Pennsylvania has held that while an insurer has no absolute duty to settle a claim, the insurer “must act within the utmost good faith” when handling a claim against its insured and if it does not and an excess verdict results, the insurer may be held liable. The Pennsylvania statute notes that in an accident arising under an insurance policy, if the court finds that an insurer has acted in bad faith towards the insured, the court make take all of the following actions:

1. Award interest on the amount of the claim from the date the claim was made by the insured in the amount equal to the prime rate of interest plus 3%.

2. Award punitive damages against the insurer.

3. Assess court costs and attorneys’ fees against the insurer.

Continue reading "Prosecuting Bad Faith Claims against Insurance Companies Makes Me Proud To Be a Lawyer" »

A Connecticut jury returned a $15 million dollar verdict in a class action suit brought by auto body shops against an affiliate of The Hartford Insurance Co., which was accused of unfair trade practices. The Stamford Superior Court jury found in favor of the Auto Body Association of Connecticut which has been battling the Hartford Fire Insurance Company for 6 years over appraisals and labor costs for vehicle repairs according to a story published in the Associated Press. The owner’s group stated that the insurer’s labor rates were artificially low and the company discouraged the use of independent appraisers in favor of its own appraisers in order to control all aspects of car repairs. Not so surprisingly, The Hartford states it will appeal the verdict. I am sure that many of our readers have been told by their insurance company that they must go to an insurance company “approved shop” or direct repair shop or have non-original parts used on their auto repairs.

As an experienced Philadelphia car accident attorney who is constantly battling with insurance companies on these and many other issues, I am confident that the jury spoke loud and clear. Many insurance companies disregard their customers’ best interests and try to use their “muscle” against the little guy. I tell my clients that I am a greedy lawyer, a lawyer greedy for justice. In this case, justice prevailed.

The Connecticut Attorney General joins with this unfair insurance practices lawyer in calling for more stringent laws regulating how insurance companies deal with car repairs and claims in general.

As an experienced personal injury and car accident lawyer, I am dismayed that a court in Miami by a three judge panel ruled that a person cannot sue his or her insurance company for failing to provide an explanation of benefits on a personal injury protection claim. It would seem to this experienced car accident lawyer that the insurance company owes their insured a duty and obligation to explain the benefits once they have taken payment for the policy. Local counsel for the insurance company claimed that this court’s decision would likely decrease frivolous lawsuits against insurance companies. He claimed that such lawsuits were legal tactics by plaintiff’s insurance that turned court claims for personal injuries into law suits for bad faith. Frankly, I believe that many of the policies are so ambiguous and written in such an unclear fashion to benefit the insurance carriers that this decision is poor and reveals the “muscle” that the insurance companies try to use against the interests of their insureds.

The Florida court stated that insured people cannot sue their insurance company for not providing an explanation for benefits on a medical claim and claimed that this will reduce frivolous lawsuits related to PIP auto insurance claims. It seems to this experienced car accident attorney that this decision is a step in the wrong direction in that you should always have the right to question the insurance carrier regarding the terms of the policy it has issued once they collect a premium and the courts are the only proper venue to seek proper redress once they have failed to adhere to the terms of their contract with their insured or if an ambiguity arises. The unfair insurance practice lawyers of Reiff and Bily are committed to fighting back against insurance carriers who put profitability over fair dealing.

As an experienced insurance claims lawyer who has been litigating bad faith and unfair insurance claims practice since 1979 in conjunction with our catastrophic injury law practice, I have seen that insurance companies have increasingly taken a deny, delay, defend posture with even the most valid and clearest of insurance claims. Many times this arises as a potentially nightmarish situation for the insured as they have paid their premiums and been profitably exploited by the insurance company. Unfortunately most individuals lack the experience or know-how to fight the large insurance company who believes that the insured will back down or be intimidated and settle for cents on the true dollar value of their claim.

In our unfair insurance claims practice we have noticed an increased amount of unfair practices, bad faith, and outright fraud on behalf of the insurance companies. We have been filing bad faith claims against these insurance companies claiming they are breaching their contract with their insured and it is only when these cases start to heat up that the representatives of the company at a corporate level start to pay attention.

All insurance companies owe their insured a fiduciary obligation to act in good faith.

In many cases, insurance companies have hidden relationships with third party administrators or reinsurers while engaged in a back room “fight” with the separate entities pointing the finger at each other which unfortunately comes at the expense of the insured. In many of these cases, we have been able to determine that false information was supplied to one of the hidden third parties in applications or documents whereas the insured was kept in the dark and ultimately successful in a courtroom proceeding. It is important that if you are wrongfully denied a claim by your insurance carrier or you are not offered fair value for your claim, that you fight back and never, never give up.

The unfair insurance claims practices lawyers and bad faith insurance lawyers of Reiff and Bily are committed to protecting consumers wrongfully injured by the deny, delay, defend tactics of insurance companies.

Insurance companies for a long time have put profits ahead of their insured’s best interests. It seems to this experienced bad faith insurance lawyer that claim denial rates have been increasing to the point where government regulation of the insurance industry is more critical and necessary. It would be helpful for the average consumer to know the rate at which his or her selected insurance company denies claims when purchasing the policy. Most insurance companies do not release this information and they are not required to release this information by law.

To identify the worst insurance companies for consumers I suggest that one review The American Association for Justice report entitled “The Ten Worst Insurance Companies of America.” According the AAJ report, Allstate was named the worst insurance company in America. The report claimed “There is no greater poster child for insurance industry greed than Allstate.” The report further concluded that the company publicly touts its “good hands approach” while it privately instructs agents to employ a hardball boxing glove strategy against its own policyholders.

Continue reading "Will Your Insurance Company Deny Your Claim When You Need Them Most?" »

This morning I received a call from an insurance agent of a defendant who was clearly responsible for damages to my client under his homeowner’s policy. The naive agent, a representative of one of the nation’s largest insurance carriers, questioned me on why I felt this was a valid homeowner’s claim despite the fact that I have been practicing law for over 30 years and clearly this was a valid claim. However, the agent informed me that she did not wish to report it to the carrier for some unknown reason.

Most of us are confident that when we purchase insurance for our home that the insurance carrier will be there to protect us. After all we have paid the premium and given them prompt notice of a claim as well as provided them with all the necessary paperwork and we had nothing to do with causing the loss.

Well the real answer is that in today’s age this may not always be the case. Today more than ever many of the insurance companies and their agents and adjusters are acting unfairly and in bad faith in failing to provide proper and full coverage to their insured, looking at each and every loophole in the policy in a biased way towards the insurance company. This insurance agent represented to me that the insurance company was not going to cover the loss without even consulting the company or the adjuster. Frankly, I believe that the homeowner and the insured has a cause of action against his insurance carrier for failing to deal in good faith and breaching their fiduciary obligation to protect his or her interests.

I recommend to all of my readers that they read their policies closely to make sure that they have the appropriate coverage that they think they have. Do not always count on your insurance agent or delegate the making of the claim to another person. Always be honest with your insurance carrier and never exaggerate the claim.

If you have a question regarding an insurance issue, please feel free to contact one of our experienced bad faith or insurance claim lawyers at 1-800-421-9595 or online at www.reiffandbily.com.

The Philadelphia car accident lawyers of Reiff and Bily want to inform their clients that there has never been a better time to get a deal on automobile insurance. Sometimes many of our clients get lazy and are hesitant to make changes. However, we are finding that when shopping for car insurance you can now get substantial savings in yearly premiums often amounting to reductions of 30 to 50%. Many automobile insurers have lowered their rates setting the stage for car drivers to shop around. With fewer cars on the road during the recession and industry competition there have been fewer accidents added to a cut back on driving due to higher gas prices and a slowing economy.

I recommend that all Pennsylvania car drivers, particularly those living in Philadelphia, obtain a Full Tort automobile insurance policy with both uninsured and underinsured motorist coverage. We are offering all of our clients and potential clients a free insurance check-up.

For an appointment or to have a telephone conference contact us at 1-800-421-9595 or online at www.reiffandbily.com.

Yesterday I took one of the most frightful and disturbing taxi cab rides ever and unfortunately, it was in a cab operated by a man who not only barely spoke English but was also extraordinarily rude and offensive to my senses. The driver of this vehicle ran red lights, ignored traffic signals and then tried to charge me a fee in excess of the metered rate. The same cab driver was screaming on a cell phone while traveling at high rates of speed throughout the city and almost struck a pedestrian crossing the street.

Almost three weeks ago, I had a similar experience when taking a cab with my wife, sister-in-law and brother-in-law and it makes me believe these are not isolated incidents. As an experienced Philadelphia car accident lawyer since 1979, I have handled more than my share of taxi cab accident cases and personally came to recognize that some of these taxis operated by such drivers are extremely dangerous to passengers, as well as other drivers and pedestrians with whom they share the road. When a Philadelphia taxi cab is in an accident, it is only are required to maintain minimal insurance coverage. Though all Pennsylvania taxi cabs must be licensed by the Public Utility Commission in order to legally operate, they are not required to have insurance beyond a statuary minimum of $15,000.

Continue reading "Cases Of Crazy Cab Drivers In Philadelphia" »

Imagine this scenario. You have been involved in a catastrophic injury accident and an insurance company owes you money for your injuries as liability is not in dispute. Yet, the insurance company either refuses not to make an offer or offers an amount so grossly insufficient that it offends one’s conscience. The Philadelphia-based catastrophic injury and wrongful death law firm of Reiff and Bily has served residents of Pennsylvania since 1979, and has been dedicated to protecting the rights of injured victims against insurance companies when the insurance company fails to act in good faith and seeks to illegally or illegitimately evade payment on a proper claim.

Recently I became involved in a case where a client of mine was injured requiring two major surgical procedures. One of the insurance companies involved in the case immediately tendered their full policy limits. Yet my client’s own insurance company made an insufficient offer and did not even make any offer under the underinsured motorist portion of her policy with that company until a suit was filed against the company alleging “bad faith”. In fact, the victim’s own company was listed as number four of the ten worst insurance companies in America in a study by the American Association for Justice. The American Association for Justice study noted that this insurance company had gone to extreme lengths to avoid paying claims and was criticized by numerous state regulators for using misleading statistics and unfair claims practices.

Continue reading "I Have A Legitimate Claim Against An Insurance Company Yet They Repeatedly Fail, Refuse and Neglect To Resolve My Claim – Is This Bad Faith?" »

Last week three acquaintances of mine woke up and were killed in a tragic, shocking and totally unpredictable accident. I have been a practicing catastrophic injury and car accident attorney since 1979 and the one thing I have learned over and over is that most accidents are sudden and unexpected and never planned for. In times of crisis after an accident, most times people are in shock and not thinking clearly. They have a tendency to make mistakes and do the wrong thing to protect their interests.

If you or a loved one has been one of the most unfortunate people to have been involved in a serious and devastating car accident, it is important that you know what to do to protect your present and future interests, assets, and property. First and foremost, as hard as it seems, one must try to remain calm and follow these steps:

Call the police on your cell phone;
Take notes;
Take photographs;
Put yourself in a safe position to avoid further harm;
If you or a loved one cannot be moved, remain stationary until medical help arrives;
If you were in a car, please turn your hazard lights on and set out cones, flares or warning triangles if possible;
Photograph and document the accident;
File an accident report;
If you have insurance, contact your insurance company. It is important that you do not wait until after a car accident to find out that your policy does not cover certain expenses such as medical expenses, being involved with an uninsured person, funeral expenses, or lost wages.

Continue reading "If You Died Today Or Were Catastrophically Injured In A Car Accident, Who Would Take Care Of Your Family?" »

As an experienced Philadelphia car accident attorney I was confronted with a case this past week where an individual was catastrophically injured by a driver operating a vehicle on a learner’s permit. In Pennsylvania, like many other states in the United States, one is not required to complete a driver’s education course before one can receive a learner’s permit. Teenage drivers and drivers with learning permits account for many of the car accidents resulting in catastrophic injuries and fatalities in Pennsylvania and throughout the United States each year.

Pennsylvania has a teen driving law aimed at reversing a rising increase in catastrophic injuries and fatalities related to teenage drivers. Pennsylvania has mandatory restrictions for teenagers driving a motor vehicle with a learner’s permit or a junior license prior to receiving an unrestricted license. If a driver operating the vehicle with a learner’s permit caused an injury, an experienced car accident lawyer must determine what was the actual cause of the accident and if, in fact, the operator of the vehicle on the learner’s permit was in violation of the Pennsylvania law. Most of the time, proper investigation will reveal the fault lays with the inexperienced driver on the learner’s permit and then the insurance company should pay the claim unless there was specific fraud or concealment from the insurance company on the policy covering the automobile. If in case this were found to be the fact then perhaps an uninsured motorist claim would fully exist against the victim’s own insurance company. Needless to say, automobile insurance coverage after a car accident and fully protecting the rights of injured victims requires extensive experience.

The experienced Philadelphia car accident lawyers of Reiff and Bily have protected the rights of over 10,000 accident victims since 1979. If you or a loved one has been involved in a car accident, please call the experienced car accident lawyers at Reiff and Bily for a free consultation at 1-800-421-9595 or online at www.reiffandbily.com.

On Friday, August 14, 2009, President Obama stated that the country was being held hostage by insurance companies that deny coverage to sick people. The President explained “We are being held hostage at any given moment by health insurance companies that deny coverage, drop coverage or charge fees that people can’t afford … It’s wrong, it’s bankrupting families and bankrupting business.” Not only is there a crisis with medical insurance, there also exists a crisis with homeowners insurance, automobile insurance and other casualty insurance where the premiums remain high and policies continue to be dropped in a crisis that defies government regulation.

As an experienced insurance claims lawyer since 1979, I have written many articles concerning the uninsured and underinsured epidemic that is crippling America. My job places me daily in the boxing ring with representatives of insurance companies who publicly tout “good hands policy” approaches, yet employ boxing glove strategy and continue to deny, defend and delay payment of claims.

Continue reading "President Obama States What This Experienced Insurance Claims Lawyer Has Known For A Long Time – That The Insurance Companies Are Holding Americans Hostage" »

I have recently written about the uninsured and underinsured motorist epidemic that is hitting Philadelphia, as well as other major cities across the United States due to the recession and tightened economy. More than ever, it is important to maintain full automobile insurance including underinsured and uninsured motorist options. Believe it or not, car insurance is now cheaper than ever since there is so much competition. I recently renewed my own automobile insurance and found that rates had actually dropped significantly from last year.

When purchasing automobile insurance, it pays to seek bids from competitors and then perhaps consider a higher deductible. You can probably save at least 10% by choosing a $500 deductible instead of a $250 deductible on your insurance. Move that up even more and you will save another 10%. I am a believer that one should always insure for potential catastrophic injury or fatality as chance favors the prepared mind. Automobile insurance is not as expensive as one may think and it is important that one have full insurance coverage in today’s climate as unfortunately, I have too often seen too many cases where people were not fully prepared for a car accident that destroyed their future. To quote the Boy Scouts of American motto: “Always be prepared.” There probably has never been a better climate to get a good deal on car insurance.

If you would like a free automobile insurance checkup, please contact one of the experienced car accident lawyers at Reiff and Bily at 1-800-421-9595 or online at www.reiffandbily.com.

According to insurance industry sources, many Pennsylvania motorists and particularly Philadelphians are cutting back on their auto insurance deductibles or coverage in order to save money in this tanking economy. More and more in our Philadelphia car accident law practice, we see cases of catastrophic injuries and wrongful deaths involving uninsured, underinsured and hit and run drivers. While many people attempt to cut their expenses by reducing or dropping their insurance, this is a high risk gamble in today’s climate. The potential risk of financial disaster is far greater than the reward of minimal savings that these individuals will accrue.

As an experienced car accident lawyer dealing with tragic consequences of life in which people think that “this will never happen to me,” I am often confronted with situations where the major wage earner in the family is killed or catastrophically injured to the point where the entire financial and emotional survival of the family is at risk. Hit and run accidents in Philadelphia have reached epidemic or even pandemic levels and there seems not to be a day that goes by where we do not read about these in the newspapers or hear about them on the radio and television.

Money you save by dropping uninsured and underinsured motorist coverage from your insurance policy most likely will end up costing you much more in the long term if an accident should occur.

If you or a loved one has been injured as the result of a car accident, please contact one of our experienced car accident lawyers for a free consultation at 1-800-421-9595 or online www.reiffandbily.com.

With uninsured and underinsured motorist cases on the rise due to our poor economy, I receive calls from clients who have contacted their insurance companies and are actually dissuaded by their agents from making claims against their company. They are often told erroneously that their rates will rise if they take the chance of reporting the very claim for which they purchased insurance to protect them. What the insurance agent often fails to tell their customer is that their rates will not be affected if the accident is not their fault. Additionally, many agents have a selfish interest for not having a claim made by one of their customers. Insurance agents have “loss ratio percentages” that can lower their commissions. So, in fact, they are paid incentives by the company to discourage claims as much as they can. Actually, many clients or potential clients are wrongfully scared to death by the actions of their insurance company and their agents who were anxious to take payment of the premium in the first place.

If you were involved in an accident with an uninsured or underinsured motorist, you deserve an unbiased opinion as to how best to protect your rights. Do not get caught in the “delay, defend and deny claims at any cost” war with the insurance companies or their agents.

The experienced car accident lawyers at the Philadelphia car accident law firm of Reiff and Bily have been successfully fighting insurance companies since 1979. For a free no obligation consultation, please contact us online at www.reiffandbily.com or toll free at 1-800-421-9595.

In an effort to keep our readers updated, the Philadelphia car accident attorneys of Reiff and Bily wish to call attention to the fact that now may be a better time than ever to purchase automobile insurance in Pennsylvania. An insurance.com, Insurance Rate Watch survey indicated that on average annual automobile insurance rates fell in March by $103 to $1872 a year, a welcome decrease from rates in October. The March Rate Watch data noted that automobile insurance rates dropped in 19 states. This decline represented a continued shift in the insurance cycle. As a casual observer and someone intimately involved in the business of representing car accident victims, I have noticed on television lately that a rate war seems to be existing between many insurance carriers, most notably 21st Century (the named successor to AIG). 21st Century has seemingly taken a very aggressive approach to marketing and selling automobile insurance.

I have also started to notice the presence online, most notably at shopathome.com, for discounts and coupons applicable to the purchase of automobile insurance. The availability of lower rates is causing many consumers to shop for new auto insurance policies forcing the insurance companies to be more competitive. I have found that when you shop for car insurance rather than renew your current policy, it is almost certain that your new rates would be lower on average than the old rates you were quoted by your present carrier.

Continue reading "Philadelphia Car Accident Attorney Jeffrey Reiff Notes That The Economic Downturn Creates A Buying Opportunity For Car Insurance At Decreasing Rates" »

Philadelphia car accident attorney, Jeffrey Reiff, of the Philadelphia car accident law firm of Reiff and Bily wishes to inform seniors that automobile insurance companies doing business in Pennsylvania are required by state law to give a discount of at least 5% to all qualified policyholders who take an 8 hour classroom refresher/defensive driving course.

The American Association of Retired Persons (AARP) offers these courses each year which results in automobile insurance companies providing a discount to qualified policyholders who successfully complete the 8 hour course. The course is open to all drivers in Pennsylvania age 50 or older. There are no tests and membership in the AARP is not necessary. We recommend that you check with your insurance agent for further details.

Continue reading "Philadelphia Car Accident Lawyer, Jeffrey Reiff, Informs Seniors How To Save 5% On Automobile Insurance" »

I met with a new client today who was paying what I considered to be an exorbitant amount of money for basic automobile insurance coverage in Philadelphia. Astoundingly as it seems, this person was paying approximately $3,500 for minimal basic $15,000 insurance coverage. More and more I find that my inner city Philadelphia clients are paying through the nose for insurance policies that provide minimal coverage. If one thinks about it, for a policy such as this with a $500 deductible the insured is really paying $4,000 for a policy that at best would pay out minimally.

Surprisingly, if this same individual was in a suburban area of the state, such as Pittsburgh or Monroe County, he could insure the same vehicle for less than one half of the Philadelphia insurance price. What I also should mention is that my client is a working mom, age 68-years old, earning $14 per hour, working 20 to 30 hours a week, which means that a good portion of her income goes towards her automobile insurance. This is a difficult and almost impossible situation for most individuals normally, and especially so in these recessionary times.

Continue reading "Why Am I Paying So Much For Car Insurance in Philadelphia? And Why Are There So Many Uninsured Drivers - Who Is The Fool?" »

My client, who is an honor’s college graduate and works in a medical laboratory at one of the prominent universities of Philadelphia, was rear-ended by a tractor trailer who was merging into his lane of traffic on I-76 westbound in Philadelphia. His car was knocked considerably forward and there was considerable damage squarely to the rear of the bumper. Immediately thereafter, the driver of the 2004 Peterbilt vehicle apologized to my client and told him that the accident was entirely his fault and that he did not see him and could not stop in time. My client accepted his apologies and called the police even though the truck driver told him that it was not necessary to call the police. Shortly thereafter, Pennsylvania state troopers arrived and the trucker then changed his original version of the accident claiming that my client cut his vehicle off and he was unable to stop. Interestingly enough, the damage was squarely to the rear bumper of my client’s vehicle and did not match the truck driver’s story. When the driver was confronted by my client and asked why he changed his story, the driver shrugged his shoulders and walked away.

Continue reading "A Person Rear-Ended My Car Then Lied To His Insurance Company And The Police - What Should I Do?" »

If you have been seriously injured in a Philadelphia car accident, it is important that you consult with a Philadelphia car accident attorney immediately. The law in Pennsylvania indicates that you may be entitled to monetary payment for your injuries, which is not only limited to physical injury, but may also include psychological injuries, frustration, humiliation, loss of life's pleasures and even a loss of affection and/or companionship of your spouse.

At the Philadelphia car accident law firm of Reiff and Bily, we have been leveling the playing field for car accident victims for almost thirty years. We are experienced and dedicated Philadelphia trial lawyers with a passion for protecting our injured victims' rights and we collect the monies that the victim is legally entitled to.

Continue reading "Leveling the Playing Field with Insurance Companies in Car Accident Cases" »

Philadelphia car accident lawyer, Jeffrey Reiff, wants to emphasize that the percentage of uninsured motorists operating in the Commonwealth of Pennsylvania, as well as around the country, is increasing at an epidemic rate. According to a recent study conducted by an independent property casualty insurance group, the nation’s recession is triggering an increase in the amount of uninsured motorists.

The Malvern, Pennsylvania based insurance research council conducted the study and found that the economic downturn may push the percentage of uninsured drivers to an all time high in 2010. The study projects that the rate of uninsured motorists will climb drastically over the next year.

The lawyers at the Philadelphia car accident law firm of Reiff and Bily join Virginia Chichester, Manger of AAA MidAtlantic Insurance Company and highly recommend that automobile operators and owners immediately get coverage for uninsured and underinsured motorist to protect their families in the event of a catastrophic injury or fatality. This would cover you in the event of a hit and run accident or if you are involved in an accident and the other person does not have the insurance to cover your loss. At least if you have uninsured motorist coverage, you protect yourself. Proper insurance will reduce the financial impact of an unpredicted accident and as Louis Pasteur once said, “chance favors the prepared mind.” Based on unemployment projections, the study concluded that the percentage of uninsured motorists will rise 2.3% from 2007 to 2010. The study examined data from 9 insurers representing half of the nation’s auto insurance market.

Continue reading "Uninsured Drivers Reaching Epidemic Levels" »

Philadelphia car accident attorney, Jeffrey Reiff, of the Philadelphia car accident law firm of Reiff and Bily warns Pennsylvania drivers that an insurance research group forecasts that the fallout from the recession would lead to an increase in the number of motorists driving uninsured to more than 1 in 6 nationally by next year. Unfortunately, in Philadelphia and Pennsylvania we are seeing a higher number of uninsured and underinsured motorists due to recessionary fallout.

A report from the Pennsylvania based research council on Wednesday, January 1, a not for profit group funded by the insurance industry, stated that a percentage of uninsured motorist usually rises with the unemployment rate and it expected that 16.1% of motorists would be uninsured next year, the highest rate since 1980's and up from 13.8% in 2007. The national unemployment rate was 7.2% last month, up from 4.9% a year earlier.

Based upon our own Reiff and Bily car accident research and findings, we are seeing an extraordinary increase in the number of uninsured drivers, as well as individuals selecting limited tort coverage instead of full tort. The increase in the number of uninsured motorists is an unfortunate consequence of the economic downturn and hence, we urge anyone reading this blog to contact us for a free insurance checkup and strongly suggest that you consider the purchase of uninsured motorist automobile insurance if you wish to be fully protected in these uncertain times.

If you or a loved one has been injured in a car accident, please contact the experienced Philadelphia car accident attorneys at Reiff and Bily for a free consultation at 1-800-421-9595 or online at www.reiffandbily.com.