June 8, 2012

Third Circuit Court Broadens Scope of When Uninsured Motorist Coverage May Apply, Benefiting Pennsylvania Victims

A recent opinion of the Third Circuit Court of Appeals favors a broader reading of insurance policies despite the fact that insurance companies consistently argued for narrow interpretation of the phrase “arising out of” the use of a motor vehicle. The “arising out of” clause interpreted by the Third Circuit Court of Appeals was one of the broadest interpretations of the necessary causal link between the use of the uninsured vehicle and the injury to the insured which held that an accident caused by a box laying the middle of the road arose out of the use of an uninsured vehicle.

In the case of Allstate Property and Casualty Insurance Company v. Squires, 667 F.3d 388 (3rd Cir. 2012), a pickup truck was driving on a country road in Pennsylvania when the driver swerved to avoid a cardboard box lying in the middle of the road. The driver, who was seriously injured, filed a claim for uninsured motorist benefits with his insurer Allstate. He submitted that because the box had fallen from an unidentified and therefore uninsured vehicle, the accident arose out of the use of a vehicle. Allstate stipulated that an uninsured vehicle had dropped the box but dismissed the claim due to the fact that the injuries caused by the box and not a vehicle and any causal connection between the injury and the “use of an auto” was too tenuous to support an uninsured motorist case in Pennsylvania.

The Court was faced with interpreting the “arising out of” language of the Allstate policy and had to address the issue “whether an accident caused by a box which fell from an uninsured motor vehicle can be attributed as a matter of law to the “ownership, maintenance, or use of an automobile”. The Third Circuit Court centered its analysis on a chain of causation and constructed a broad interpretation of the policy language in favor of the insured rather than narrowly interpreting it in favor of the insurance company’s position which would have denied coverage to the claimant.

The Court noted that while “arising out of” means causally connected, it does not implicate “every incidental factor that arguably contributes to an accident”. The Court also suggested that injuries sustained in an accident must be attributable to the common causes of a vehicle. The Court stated that transporting a box as cargo was determined to be a common use of vehicles and represents a favorable ruling for insurers and plaintiff insured in automobile accidents. Perhaps the pendulum of insurance coverage is swinging in a more lenient fashion towards Pennsylvania insureds.

The Pennsylvania car accident law firm of Reiff & Bily has over three decades of experience representing those catastrophically injured and family members of those wrongfully killed as a result of automobile accidents. We always offer a free, no obligation consultation toll free at (800) 421-9595 or online at www.reiffandbily.com. We have successfully handled thousands of uninsured and underinsured motorist claims since 1979.

March 7, 2012

Uninsured Drivers...What Rights Do You Have?

I was always told I needed to have insurance, not only to protect me but also to protect anyone that I could injure while driving. Recently, the Pennsylvania Supreme Court has made me know differently.

In 2006, in Bristol, an uninsured driver was on Route 413 when his car collided with another driver on the road. The insured driver was found to be at fault for the car accident. The insured driver believed that he could not be liable for any of the damages caused to the uninsured driver. He was wrong.

The uninsured driver was injured and sued the other driver to try to recover damages. Courts have been dealing with this for the last seven years because of conflicting sections of Pennsylvania law. However, the Supreme Court of the state, in Corbin v. Khosla, finally answered the question, “Can an uninsured driver who is injured in a motor vehicle accident with an insured driver sue the insured driver for economic damages?” The court unanimously answered yes.

Uninsured drivers everywhere now need to know that if they get into an accident and it’s not their fault, they have rights. Uninsured drivers will now be able to recover economic damages, which include lost wages and medical expenses due to injury from the car accident. However, non-economic damages for pain and suffering may only be given if a serious injury occurs. The insured driver’s insurance policy will have to now cover these costs.

But, uninsured drivers beware: if the accident is your fault, this ruling does not help you, and you are still unable to recover anything. Additionally, you are liable, out-of-pocket, for any damages or injuries caused to the person and the other car in the car accident. The PA Department of Transportation will also suspend the registration of the vehicle for a 3-month period and shall suspend the operating privilege of the owner or registrant for a period of 3 months for an uninsured driver. The plates of the car are surrendered at the accident and after time is served, they can be reinstated for a fee of $50.00.

If you or a loved one have been an uninsured driver and have been injured in an accident that was found to not be your fault, you may be able to recover for medical expenses and lost wages. You deserve to talk to the experienced Philadelphia car accident lawyers of Reiff and Bily that have over 30 years of experience successfully representing injured car accident victims. Please call one of our experienced attorneys for a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

February 9, 2012

If You Are The Driver Of A Car And Hit A Box Or An Object In The Road, The Third Circuit Court Of Appeals Opines That You Are Entitled To Uninsured Motorist Benefits

The U.S. Court of Appeals Third Circuit recently ruled that a car accident caused by a box on the road which may have fallen off of a “ghost vehicle” is enough to invoke an insurance policy’s uninsured motorist coverage. The case involved a situation where a driver of a car hit a box which was sitting in the middle of a road. It was assumed that the box in the middle of the road could have only landed there by falling off a car. The uninsured motorist policy required that injuries from hitting a box “arose out of the ownership, maintenance, or use of an uninsured auto”. This decision by the Third Circuit Court of Appeals reversed a decision from the Western District of Pennsylvania and Allstate Property and Casualty Insurance Company vs. Squires. Physical contact with an uninsured vehicle is not required for an accident to arise out of the use of an uninsured vehicle. The Court noted that Pennsylvania’s Motor Vehicle and Financial responsibility Law should be liberally construed to provide the greatest possible coverage to injured claimants and close cases should go in favor of the claimant.

January 16, 2012

As a Buyer of Automobile Insurance You Must Always Check Your Policy Carefully To Make Sure That the Insurance Company Hasn’t Lowered or Canceled Some of Your Coverage Without Your Knowledge – This Is More Common Than You Would Think

Over the last few months, I have noticed a most disturbing discovery as I have met with some high net worth and fairly well educated clients after a catastrophic automobile accident only to discover that their insurance company attempted to limit or reduce medical coverage without their knowledge.

In one case, my client, an executive of one of the Philadelphia region’s largest Fortune 500 companies, was informed by his agent that he had full coverage, and when our skilled Pennsylvania car accident attorneys reviewed his policy after the accident, it was interesting to note that although his agent was careful to load him up with third party coverage and uninsured motorist coverage, he failed to provide underinsured motorist coverage or appropriate medical benefit coverage. The client was involved in a catastrophic accident and the $100,000 third party policy limits of the defendant were not even close to adequate to cover his medical expenses. The Philadelphia car accident lawyers of Reiff and Bily are now commencing an action against the victim’s insurance agent and insurance company, both of whom have yet to provide proof that the client intentionally signed down or waived such a limitation or reduction in coverage.

In another recent motor vehicle accident case, I met with a client whose medical payment coverage was reduced from $250,000 to $15,000 without the client’s knowledge or consent, and yet the client was charged an increased premium.

Ironically when I mentioned the situation to colleagues, I learned that the same insurance company was commencing special investigation unit fraud inquiries on a large number of claimants who had filed claims in what we believe is an attempt to intimidate those who have proper and valid legal rights.

As an experienced Pennsylvania car accident lawyer who has successfully handled tens of thousands of car accident cases since 1979, it is clear that many automobile insurance companies are now more than ever systematically attempting the squeeze the guts out of claimants despite the fact that when one buys a policy of insurance, a contract is entered into to be dealt with fairly and promptly.

The Pennsylvania motor vehicle accident law firm of Reiff and Bily is committed to fighting the battles of injured consumers every day against insurance companies. We always offer a free, no obligation consultation and can be reached toll free at 1-800-421-9595 or online at www.reiffandbily.com.

October 24, 2011

Pennsylvania Supreme Court Decides That Workers’ Compensation Exclusion In Underinsured Motorist Policy Is Void - Plaintiff May Recover UIM Benefits

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.

October 8, 2011

Pennsylvania Car Accident and Hit and Run Lawyer Calls For A Mandatory Minimum Sentence For Those Who Leave The Scene Of An Accident Where A Victim Sustains Catastrophic Injuries or Death

It seems that more and more drivers in the City of Philadelphia as well as surrounding counties are morally bankrupt when they drive off from accidents where children and others are catastrophically injured or suffer a wrongful death. For over three and a half decades, I have been representing car accident victims, and unfortunately more and more of these cases that I investigate involves uninsured, underinsured and hit and run type of car accidents.

People leave the scene of a hit and run accident for a good reason, and most likely because they are drunk or under the influence of an intoxicating substance, or worse yet are afraid of the penalties because they are driving a car without insurance. It is a situation that reveals a shameful lack of humanity and morality and the penalties should be them same or stricter to those for aggravated assault or homicide calling for imprisonment. Most people know that there are loopholes that favor hit and run drivers who leave the scene when they are under the influence of alcohol. When I deal with victims and the families of victims whose loved one remains in a coma or has been killed as a result of a hit and run driver, I am astounded that we do not have any mandatory strict minimum laws punishing those who leave accident scenes.

October 4, 2011

Falling U.S. Wages Threatens Those Who Drive Pennsylvania Roadways

It is not a coincidence that there are more car accidents being recorded In Philadelphia and surrounding Pennsylvania counties including more accidents involving hit and run drivers who leave the scene of an accident or car accidents involving uninsured or underinsured vehicles. Although over 90% of Americans have jobs, wages adjusted for prices have decreased for the third time in five months, and personal income has dropped for the first time in 2 years. The median household income is at the lowest point in more than a decade and the poverty rate has jumped to 15.1%, a 17 year high.

Obviously many people will put off repairs to vehicles or give a second thought to purchasing a new vehicle because they simply can’t afford it. More and more people are driving vehicles without car insurance or if they have car insurance with the minimum amount of insurance necessary and often do not check to see what the benefits are until it is too late.

As an experienced catastrophic injury and wrongful death car accident lawyer in Philadelphia for over three decades, I am seeing some of the most catastrophic cases of injury and wrongful death without insurance or without sufficient coverage or worse involving a hit and run driver. As an automobile safety stalwart and automobile accident attorney, I am somewhat concerned with the direction this trend is continuing.

September 30, 2011

Now Is Not The Time To Take Shortcuts With Car Insurance In Philadelphia Advises Car Accident Specialist

With the tightened economy and diminishing budgets, many people jump at the chance to save money on car insurance. I agree that many of the TV commercials touting cost savings of various car insurance products are very appealing. However, as an experienced Philadelphia car accident attorney for over 30 years, one thing is certain you get what you pay for and that chance favors the prepared man. What good is car insurance if it does not fully cover you when you need it most.

Now more than ever, more drivers in Philadelphia are operating uninsured or underinsured vehicles which means that if you are in a car accident and sustain a serious injury resulting in extensive medical bills, loss of wages, and other economic and emotional distress to your family, you may not be covered if you purchased the cheapest policy out there.

With over 30 years of expertise, experience, and understanding car insurance and risk management, I am well aware that many victims of accidents do not recognize that they did not have the proper level of auto insurance coverage until it is too late. We highly recommend full tort coverage for a minimal difference in premium, as well as substantial underinsured and uninsured motorist coverage.

Our experienced Philadelphia car accident lawyers have represented the rights of victims after car accidents and have fought automobile insurance companies for decades who will constantly attempt to deny, delay, and defend a victim their rights.

We always offer a free, no obligation consultation to discuss your insurance options whether or not we represent you for a car accident or not. We can review your policy to determine whether or not you understood what you purchased and whether or not you have sufficient uninsured and underinsured motorist coverage, as well as purchased full tort. For a free, no obligation consultation contact one of our experienced Philadelphia car accident attorneys toll free at 1-800-421-9595 or online at www.reiffandbily.com.

September 23, 2011

Philadelphia Car Accident Lawyer Warns That Many Car Insurance Companies Doing Business In Pennsylvania Are Expanding Upon Exclusions Deep In Car Insurance Policies - Beware

As an attorney who has represented car accident victims in Pennsylvania since 1979, I am increasingly frustrated that insurance companies and their lobbying efforts continue or attempt to cut benefits to consumers, as well as bury exclusions so deep in policies that the average consumer is not aware of the same until a problem occurs. Additionally, by virtue of joint and several liability, passengers injured in intersectional collisions are faced with a potential reduction and the ability to obtain full compensation. The insurance limits of 15/30 are so antiquated and behind the times that unfortunately many victims who are seriously and catastrophically injured in an accident and do not have sufficient underinsured motorist coverage may pay a price with their health and economic deficiencies for the rest of their life. Now more than ever, I recommend a careful review of your insurance policy to make sure that you are fully protected in the event of a catastrophic car accident.

Philadelphia ranks among one of the highest cities in the United States with uninsured vehicles on the highways and if we consider the uninsured motorist crisis, the results are somewhat alarming. Unfortunately as a long time practitioner of car accident law, I see more and more clients frustrated when they are confronted with a review of the policy when it is too late after the accident and note that they did not have the proper coverage even though their agent told them they had full coverage and never explained exclusions or full tort option. Louis Pasteur once stated that “chance favors the prepared mind”, and for that reason, the law firm of Reiff & Bily always offers a free, no obligation consultation to those involved in a car accident, as well as a free, no obligation review of your car insurance policy.

The experienced Philadelphia car accident lawyers of Reiff & Bily are committed to consumer and auto safety, and have successfully represented claimants injured in car accidents since 1979. Our skilled auto accident lawyers are some of the most highly rated lawyers in Pennsylvania and the United States and have received top accolades and reviews on behalf of their work for victims and their families that were catastrophically injured or killed in car accidents. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

August 1, 2011

Philadelphia Car Accident Attorney Queries The Effect Of Medical Marijuana And The Amount of Car Accidents

As an experienced Philadelphia car accident attorney for over three decades, as well as a licensed driver for over 40 years, there is one thing I am certain, of marijuana, alcohol, and other substances that impair one’s thinking do not mix well with the operation of a motor vehicle.

Statistics indicate that people who drive after using medical marijuana are nearly twice as likely to be involved in a car accident. Although studies indicate that marijuana usage increases the risk of fatal accidents, it is much lower than those attributed to alcohol. Researchers note that even low doses of marijuana significantly increase the risk of fatal car accidents. Twice as many drivers involved in fatal car accidents tested positive for marijuana. As marijuana continues to be legalized in many states, most recently New Jersey, it is my fear that we will see more car crashes resulting in catastrophic injuries and fatalities on Pennsylvania and New Jersey roads along with other states passing such legislation.

According to NHTSA, 16.3% of all night time drivers in America were found to be on a drug, whether legal or illegal, and more than half of these cases involved marijuana. On many counts, I recognize the medical benefits of marijuana, I have no doubt that the increased marijuana usage will not mix well for driving and as a top philadelphia car accident attorney who unfortunately deals with some of the most tragic car accidents that one can imagine, I am a strong advocate of keeping the nation’s motorists as safe as possible.

July 29, 2011

It’s Bad Enough You Are A Victim In A Car Accident But Some States Now Want To Tax You With A “Crash Tax”

As many municipalities are in a tightened and deficit state, crash taxes and accident response fees seem to be sweeping the country. Thankfully as a Philadelphia and Pennsylvania accident attorney, I am glad to reassure Pennsylvania citizens that Pennsylvania and 12 other states have outlawed accident fees and taxes preventing cities from billing victims of motor vehicle accidents for fire and police response services. In some states, a car accident with injuries is billed at $490 to the driver. If there is a fire without injuries, bills are in the amount of $415, and in an accident without injuries, motorists are assessed a $365. The thought process was to shift the burden from the tax payers to those responsible for the accident. Of course, this begs the question as to how do we determine who was responsible on the spot?

It is my understanding that insurance companies are often refusing to pay these taxes when the consumers try to pass them on which leaves the motorist in the position that not only have they been the victim of a car accident, but they must now foot the bill or litigate over the matter just to even pay the tax. When you are involved in a car accident, the last thing you want to think about is being taxed.

In Philadelphia many times the police are not even responding to car accidents due to budget cutbacks, and it is important that you secure information from all of the individuals involved in the car accident. If you are injured, it is best to contact an experienced Philadelphia or Pennsylvania car accident attorney who will work with skilled investigators to fully investigate your claim. Of course, the best Philadelphia car accident attorneys never charge for an initial consultation and will always handle your case on a percentage basis meaning that if you win, you will be charged a fee and if you do not win you will not be charged anything at all including the costs of investigation.

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July 26, 2011

There Seems To Be An Epidemic In Philadelphia Of People Leaving The Scene Of A Car Accident - Experienced Car Accident Attorney Weighs In

Over the last few months, the experienced Philadelphia car accident attorneys of Reiff & Bily have received much more than the normal amount of calls involving people leaving the scene of a car accident after they struck a pedestrian or another vehicle.

Last Saturday night, two people were struck when a car came onto the pavement and struck them from behind as they were walking home after a Saturday evening date. The driver got out of his car and then got back in and took off leaving the injured pedestrians to fend for themselves. Unfortunately none of the victims owned a motor vehicle and had no other health insurance.

Leaving the scene of an accident is commonly referred to as a hit and run accident. The penalties depend on the seriousness of the damage or injuries. Pennsylvania’s motor vehicle code treats accidents involving unattended vehicles, i.e. one’s without drivers or occupants as the least serious. The level of punishment escalates to a more serious offense when the other vehicle is occupied or a pedestrian is hit and injured. A hit and run car accident involving personal injury or death can receive a high level of punishment which may include a first degree misdemeanor punishable by up to five years in prison or if the victim suffers a serious bodily injury, the offender can be charged with a third degree felony carrying a mandatory minimum prison sentence of 90 days and a maximum sentence of up to 7 years and a minimum fine of $2,500. If the victim dies, the offense may still be classified as a third degree felony but the mandatory minimum sentence would be one year. It is also important to know that conviction for any of these offenses could result in suspension of a driver’s license.

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July 20, 2011

Experienced Philadelphia Car Accident Attorney Advises Those Who Insure Their Cars For Uses Other Than Normal Driving Ought To Beware Insurance Companies May Allege Fraud And Deny Payment Of Claim

According to a story published on July 13, 2011, recent research conducted by an independent company in the United States uncovered a number of car owners who claim that their sports cars were being used for farm use in order to save money for car insurance. Investigators revealed that owners of sports cars such as Ferrari, Porsche, and Audi registered their vehicles as farm vehicles and were benefiting from discounts up to 20% on car insurance policies. The insurance industry claims to have lost approximately $159.00 a year and has called for outside investigations to start verifying data supplied by policyholders. Obviously if the policyholder represents the car is being used as a farm vehicle, the insurance company would think there is less of a risk and that it was statistically less likely to be stolen or involved in a road traffic accident.

As an experienced Philadelphia car accident attorney for over three decades, I can say without question that insurance companies will look for any and all excuses to avoid paying claims in a delay, deny, and defend manner. I am currently involved in prosecuting a claim against an insurance company who is refusing to pay benefits due to the fact that a vehicle was registered for corporate purposes and being driven for personal business. Insurance companies continue to increasingly stonewall and low ball car accident claims and instigate fraud investigations at the drop of a hat. The advice of this experienced Philadelphia car accident lawyer is to always tell the truth and make accurate representations to your insurance company when insuring your vehicle if you want to get paid if your vehicle is in a car accident.


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December 20, 2010

What The Heck Do You Do When The Business Truck That Hit You And Causes Catastrophic Injuries Has Minimal Insurance And There Are No Assets Behind The Company

We recently had the occasion to represent a catastrophically injured woman who was struck by a lawncare and landscaping truck owned by an active Pennsylvania corporation. Believe it or not, the truck had minimal insurance limits of $15,000. The medical bills in this case were more than that in the first week alone. The landscaping and lawn care company that owned the trucks apparently had engaged in a careful asset transfer and after investigation, it was revealed that it was merely a shell corporation owning no property or having any assets. As we researched the background of the company, I noted that there were several lawsuits, liens, and judgments against the company and that the corporate President owned no property and that it was transferred many years ago to other family members for diminimus amounts. It also appeared upon searching UCC records that there were filings against the company and the individual by a credit corporation. Additionally, to add insult to injury, the President of the company had an interesting criminal background. In the tightened economy, our client did not have sufficient underinsured motorist coverage. Unfortunately, this scenario is becoming more and more common in the Philadelphia area with many people driving with no insurance or with "dark ages" minimal car insurance putting the victims of car accidents in a precarious position. It is more important now more than ever to contact your insurance agent and purchase a significant uninsured and underinsured motorist coverage to protect you in such a circumstance. Unfortunately in this case after exploring all other avenues for recovery including highway defect and product liability, the client had very limited avenues to follow.

December 13, 2010

The Person Who Hit You in a Car Accident May Quickly Become Your Enemy Before You Know It – In Philadelphia’s Uninsured And Underinsured Insurance Environment, Many Sustain Loss Of Earning And Loss Of Assets Without Realizing They Were Not Prepared

If you are driving in Philadelphia and are in a car accident, it is safe to assume the odds are that the person who hit you does not have insurance or adequate insurance. One of the many problems people sustain when they are involved in an accident is loss of earnings and skyrocketing medical bills necessary for treatment. Now more than ever the experienced Philadelphia car accident lawyers at Reiff & Bily are seeing many cases where catastrophic injuries and deaths have occurred. Yet there is not sufficient insurance to pay for the medical bills and lost earnings due to the inability to work.

Not only that, if you proceed further against the assets of the offending driver, many times these assets are encumbered to the hilt placing the victim in a seemingly powerless position. Despite the fact that minimal insurance is required in Pennsylvania, greater than 50% of the drivers do not carry insurance. The Commonwealth of Pennsylvania does not seem to be taking enough of a proactive stance to impose penalties for driving without insurance as well as increasing the mandatory minimum coverage from $15,000 to $35,000 which is standard in most other states.

If you are involved in an accident with an uninsured or underinsured driver and do not have enough coverage under your own policy, it is important to contact a skilled and experienced Philadelphia car accident lawyer to look for other sources of recovery such as a highway defect and product liability. Recently we had a case where a woman was broadsided by a vehicle that ran a red light. The case had been discussed previously with two other attorneys who turned it down. However, we were able to further investigate the case and determine that the lack of side airbags on her vehicle caused her to sustain coma-resulting injuries, and hence, we are now pursuing an action against the manufacturer of the vehicle under a product liability theory of airbag non-deployment.

In this tough economic environment, it is important that you hire an experienced lawyer who thinks out of the box to fully investigate all avenues of recovery. Many times, beside taking the easy “A” avenue of recovery, the best car accident attorney will explore theories of roadway defect or product liability such as seat belt defect, non-containment or ejection due to use of non-laminated glass, or gas tank explosion.

February 19, 2010

The Recession Is Affecting Each And Every Pennsylvanian When It Comes To Underinsured And Uninsured Motorist Crisis

Since 2008 the Commonwealth of Pennsylvania and the rest of the country has been in the grip of a painful recession and the citizens of Philadelphia and other parts of the state appear to be hit the hardest as the rate of uninsured and underinsured motorists continues to skyrocket. Unemployment is standing greater than 10% and blame game continues to be the hidden elephant in the room, namely that people cannot afford insurance coverage. As rates continue to climb and more and more people are unemployed or are in a “no pay” raise environment, the stage is set for financial disaster if you are not properly insured. More and more our office is dealing with catastrophic injury cases or wrongful death cases where there just is not enough insurance or asset coverage to pay the proper value of the claim and people are left unprepared, thrusting them into a greater state of financial distress. Now more than ever, it is important to have full tort with uninsured and underinsured automobile insurance with the maximum amount you can afford.

Our firm is offering a free car insurance checkup to any Pennsylvania citizen with no obligation. The Philadelphia car accident law firm of Reiff & Bily is committed to consumer and motorist safety. If you or a loved one has been involved in an accident with an uninsured or underinsured vehicle or the victim of a hit and run accident, please contact one of our experienced Philadelphia car accident attorneys for a free, no obligation consultation to make sure that your rights are protected.

October 16, 2009

One Out Of Every Six Automobile Drivers Will Be Uninsured By 2010

A recent study noted that the trend of driving without insurance coverage is growing. The increase in the number of uninsured motorists is an unfortunate consequence of the economic downturn according to Elizabeth A. Sprinkle, Senior Vice President of The Insurance Research Council. If you are operating a vehicle without an auto insurance policy in Pennsylvania, penalties are expected to get harsher. Currently the Pennsylvania Department of Transportation suspends a vehicle’s registration for failure to maintain coverage and if a motorist is caught driving without proof of a policy, the individual can have his or her license suspended. But worse yet if a motorist causes injuries to self or others during an accident, he or she would have to bear the expenses for the property damage and bodily injuries, potentially forcing the motorist to file for bankruptcy. Right now insurance rates seem to be lower than ever and it is highly recommended that all motorists in the Commonwealth of Pennsylvania have automobile insurance. I emphasize that one should purchase a Full Tort automobile insurance policy with uninsured and underinsured motorist coverage to fully protect your family and financial interests.

If you or a loved one has been involved in a car accident with an uninsured or underinsured driver, please contact one of our experienced car accident attorneys for a free consultation at 1-800-421-9595 or online at www.reiffandbily.com.

October 7, 2009

The Elimination In Pennsylvania Automobile Insurance Policies Of Mandatory Arbitration For Uninsured And Underinsured Motorist Claims – What Does This Mean? – An Experienced Lawyer Speaks Out

A few years ago, certain interests in the powerful insurance industry requested that the Insurance Commissioner of the Commonwealth of Pennsylvania eliminate the inclusion in automobile insurance polices of mandatory arbitration for uninsured and underinsured motorist claims. In the past, if the claimant could not agree as to the fair value of his claim with his or her insurance company then the case would proceed to a mandatory arbitration whereupon the insured would select an arbitrator, the insurance company would select an arbitrator and a neutral would be selected by the two arbitrators and if a neutral could not be agreed upon then the neutral arbitrator would be appointed by the Court upon the filing of a motion by the plaintiffs’ attorney. Insurance companies claimed that this process was unfair and even went so far as to suggest that it was corrupt and therefore changed the policy language in Pennsylvania insurance policies.

This experienced Philadelphia uninsured and underinsured motorist insurance attorney argues that the limitation of mandatory arbitration is resulting in voluminous numbers of uninsured and underinsured claims clogging up the Court of Common Pleas and Federal Courts in the Commonwealth of Pennsylvania and resulting in an unnecessary expense to taxpayers and in fact, costing litigants more in litigation costs rather than proceeding through a less formal process of mandatory arbitration.

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September 28, 2009

Lawyers Increasingly Seeking Damages In Excess Of Minimal Insurance Limits In Serious Injury Cases

Unfortunately in today’s recessionary environment many people are taking the option to drive a motor vehicle uninsured or minimally insured (underinsured). The car accident driver who does not have enough insurance but has significant personal assets puts those personal assets at risk if he does not have enough insurance.

In August of 2009, I wrote a blog noting that the uninsured and underinsured motorist epidemic is becoming pandemic in Philadelphia and other major cities in the United States. Now more than ever, it is important to have full insurance coverage in order to make certain that you are not a victim in an accident involving a minimally insured (underinsured) or uninsured person. If you were in a car accident with an underinsured or uninsured motorist, it is important that you seek an experienced Philadelphia car accident lawyer who will prosecute your claim with the “pedal to the metal.” Your life may be affected forever and one should never, never, never give up.

If you or a loved one has been injured as the result of a car accident, please contact one of our experienced Philadelphia car accident lawyers at Reiff & Bily for a free no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

August 6, 2009

Uninsured Motorist Epidemic Is Becoming Pandemic

As an experienced Philadelphia car accident attorney practicing since 1979, I can honestly state that I have never seen the state of affairs with regard to underinsured and uninsured motorist car accident cases as bad as it is now. As the economy continues to worsen, cash strapped individuals and families are increasingly modifying their insurance or going without the same. Many insurance agents tell me that business is just plain awful as people are not renewing their policies and letting them lapse. Ironically, by failing to maintain proper automobile insurance or property insurance, the cash strapped consumer increasingly risks their family’s financial well-being in what they seek as a short term cost cutting measure.

I am currently involved in a case where a client sustained catastrophic injuries as a result of being involved in an accident with an individual who had only the most minimal coverage. Unfortunately a complete assets check determined that the defendant had no assets available to pay the present and future medical claims of my client as well as properly compensating her for the fair value of her injuries.

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June 15, 2009

Pennsylvania Hosts Some Of The Worst Drivers In America

According to a recent story I read results from a 2009 GMAC Insurance national driver’s test found that roughly 41,000,0000 licensed American drivers cannot pass a written driver’s test exam if taken today. While Ohio, Idaho and Wisconsin are the most knowledgeable drivers, Pennsylvania scored number 16 on the worst drivers in America. The finding is quite significant and alarming due to the fact that many licensed Americans continue to lack knowledge of the rules of the road, added to the fact that many accidents are occurring involving uninsured motorists/ drivers. Make sure that your automobile insurance policy properly protects you in the event you are a victim of a car accident.

For a free insurance check-up, please contact the experienced Philadelphia car accident lawyers at Reiff & Bily at 1-800-421-9595 or online at www.reiffandbily.com.

June 3, 2009

Summertime In Pennsylvania Brings More Crowded Highways And Also More Accidents

Typically when we think of summertime, we think of perfect weather, sunshine, , relaxation, gin and tonics, picnics, days at the pool or beach and nothing but smiles. Unfortunately after Memorial Day weekend, the highways are more crowded as people flock to their beaches, picnics and social gatherings which also may be accompanied by increased drinking and other social libations that do not mix well with driving. Additionally with summertime comes bar and drinking season which is in full swing as people let loose after work and on weekends at outdoor cafes, night clubs and other social gatherings as they recover from the months of winter hibernation. Not so surprisingly, summertime is usually the time that sees the highest number of catastrophic injuries and fatalities as a result of car accidents, as well as motorcycle accidents. When driving on the highways in the summer, it is important to note that many asphalt roads and highways have an oil residue on their surface or beneath their surface which rises with increased heat from the sunshine. When it rains and the water contacts this oil residue, a very slippery surface is formed and if it has not rained in a long time, there is more oil on the road for the water to contend with creating a very unsafe oil/water reaction which also leads to hydroplaning and loss of vehicle control.

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June 2, 2009

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

In an effort to keep our readers updated, the Philadelphia car accident attorneys of Reiff & 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.

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May 4, 2009

The Rate of Uninsured Motorists Is Increasing At An Alarming Rate In Philadelphia and Pennsylvania

With the recent and growing economic downturn, many Americans, particularly those in Philadelphia and in the Commonwealth of Pennsylvania, have taken steps to reduce expenditures and it appears that one of the first areas being cut is automobile insurance. I find that many people have increased their insurance deductibles as well as selected lower coverage points and many motorists have opted not to purchase uninsured or underinsured motorist coverage often resulting in disastrous consequences for otherwise innocent and unsuspecting victims.

I had a situation with a client yesterday who sustained catastrophic injuries with the proper estimation of her case valued in excess of $1 million dollars. Unfortunately, the wrongdoer had minimal assets and our client had erroneously selected not to purchase uninsured/underinsured motorist coverage which would have paid her the full value of her claim in the appropriate forum. Obviously, this client was unhappy with her insurance agent and her attorney and could not believe that she was in this situation due to her own choice. Unfortunately, we find ourselves dealing with this scenario with increasing frequency.

A recent study has revealed that at least 16% of those with one vehicle households reported canceling or not renewing coverage for a vehicle in response to the economic downturn. Additionally, almost one third of those canceling automobile insurance coverage also reported selling their vehicles as a way to save money and an additional 14% of renters declined insurance coverage.

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