Philadelphia Car Accident Lawyer Blog

In an important decision for many workers involved in Pennsylvania car accidents with an underinsured party, the Pennsylvania Supreme Court reversed a ruling of the Appellate Court striking down an exclusion on a car insurance policy which claimed that if an individual received workman’s compensation benefits, he was not eligible for underinsured motorist benefits. The facts of the case revealed that a police officer in the course and scope of his employment was injured in an automobile accident with a minimally insured driver and sustained severe injuries. Workers’ compensation paid the plaintiff’s medical expenses and two-thirds of his salary. The injured police officer recovered $25,000 policy limits from the third party insurance carrier, Allstate, (the insurance company responsible for the accident), however, due to the fact that losses and damages far exceeded the liability coverage, the plaintiff pursued an underinsured motorist claim for additional monetary damages and sought underinsured motorist benefits. The underinsured motorist carrier denied plaintiff’s claim for recovery pursuant to a policy exclusion stating that UIM coverage did not apply to anyone eligible for workers’ compensation benefits. The Supreme Court disagreed with the insurance carrier and stated “We conclude that the workers’ compensation exclusion in an employer sponsored insurance policy violates public policy and is therefore unenforceable. According, we reverse the Order of the Commonwealth Court.” Moreover, the Court stated that where a third party tortfeasor or offender causes a work related injury, Pennsylvania law dictates that the ultimate burden for payment of benefits must rest upon the tortfeasor or UM/UIM carrier.

As an experienced Philadelphia and Pennsylvania car accident lawyer who specializes in uninsured and underinsured motorist car accident claims, I believe that this decision is significant in enabling those injured in car accident in the course and scope of their employment to receive all benefits available.

As an experienced Philadelphia car accident lawyer for over 30 years who has handled thousands of car accident cases, I have all too many times seen clients make statements that will be used against their interests to another party or witness after a car accident. If you have been in a car accident, the best thing to do is calmly exchange information with the other party and not to say anything about fault or too much about injuries. Don’t make any excuses that you are on medication, lost your job, or having a personal crisis. These statements can be used against you when the insurance company denies liability or tries to settle the case as cheaply as possible.

Many times, so many of the insurance companies assign a claims adjuster to contact you immediately and they will attempt to take a statement. Do not talk to any adjusters without speaking to a lawyer, and if he is there to look at your car, just let him look at your car. No need for commentary or cross examination or questions about fault at this stage. Many times these insurance adjusters will try to settle on the spot for a cheap price or coerce you into using a preferred insurance company repair shop which may use secondary market non-original or used parts. The claims adjuster knows many tricks in the book to try to settle the case on behalf of the company as inexpensively as possible and most of them are not looking out for your interests but rather for the bottom line profitability of their company. I have seen all too many cases compromised by people making statements that they wish they had not made after it was too late. It is best to only relay the basic information about the case and to contact an experienced car accident attorney to act as your mouthpiece when dealing with the insurance companies.

The experienced Philadelphia car accident lawyers of Reiff & Bily have been assisting tens of thousands of victims and their families injured in car accidents since 1979. Recently we joined forces with the legendary Beasley Firm to create the Beasley Reiff Law Group and together our attorneys have been awarded over $2 billion dollars since 1957. 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.

I don’t know how many times people come into our office after a catastrophic car accident or truck accident and tell us that they have purchased full insurance coverage. Now more than ever, insurance companies continued to delay, deny, and defend claims and offer what I consider to be almost worthless insurance policies that were never fully explained to the policyholder at the time of purchase. More and more insurance company business is being conducted over the internet, and unfortunately many of the agents only consider what it takes to sell you a policy, never explaining full benefits or interpretation of various clauses that can be very important in the event of a car accident.

We were able to demonstrate that many agents did not even know the difference between liability or collision coverage or uninsured or underinsured motorist insurance coverage despite the fact that they were selling the same. Many times after an accident when we contacted the agent, the agent was unaware that the client had not purchased uninsured or underinsured coverage. It seems to me that insurance companies don’t do a very good job training the people who deal with the public when it comes time to explaining policy benefits. Not all companies or policies are created equal, and if you have any doubts about whether you are fully covered or not, it is best to have a free consultation with an experienced car accident attorney who understands how insurance companies will look to avoid paying claims and what you can do about this unconscionable and widespread behavior. Today more than ever, you need to be smart and savvy and have an experienced advocate on your side when dealing with an insurance company.

The experienced Philadelphia car accident insurance claims lawyers of Reiff & Bily always offer a free, no obligation consultation to those victims and their families involved in car accidents. We always offer a free review of your car and truck insurance policy. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

As you may or may not be aware, the insurance companies keep an eye on every claim you have made in the past with regard to homeowners, workmen’s compensation and auto insurance policies. There are two major property claim databases, The Comprehensive Loss Underwriting Exchange (CLUE) and The Automated Property Loss Underwriting System (A-PLUS).

Continue reading "Don’t Lie To Your Lawyer About Prior Claims" »

The lawyers at the Philadelphia car accident firm of Reiff & Bily offer some helpful tips.

1. Read your policy carefully - you should know what is covered and how to appeal a denial by your insurance company.

2. Be very careful filling out forms - even if you make an honest mistake your insurance company may seize on that as a reason to retroactively deny your coverage.

3. Do not cash a premium refund check - if your insurance company rescinds your insurance, they may send you a refund for the premiums you paid. Cashing it may be interpreted as accepting their decision.

4. Put everything in writing - Calling your insurance company will most likely be a negative experience and you will not be able to prove anything that a company representative tells you over the phone. Always keep records of all bills and correspondence.

5. Contact your state insurance department - they may be able to help you but they will not represent you in a private matter. So if all else fails, you may need to consult with an experienced insurance claims lawyer.

6. Most importantly never ever ever give up - insurance companies count on you giving up. It is important that you fight for your rights.

They will deny, delay and refuse payments. The bottom line is insurance companies make money when they don't pay claims. Trust me, I know. I have been in the same boat as you and every day I fight insurance companies on behalf of policyholders that are getting screwed because of corporate greed and incompetence of insurance company representatives.

If you believe that your insurance company is wrongfully denying benefits that you are owed, please contact the insurance claims lawyers at the Pennsylvania personal injury law firm of Reiff & Bily.