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Your Rights as a Victim: What to Expect When Filing a Car Accident Claim in Philadelphia

November 08, 2023

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Car accidents can be traumatizing, emotionally draining, and financially crippling. But the aftermath doesn't have to be confusing. If you're in Philadelphia or anywhere across PA, it's essential to understand your rights and the claim process to ensure you're adequately compensated. This article walks you through your basic rights as a victim, the process to file a claim, potential outcomes, and the value an experienced lawyer brings to the table.

Basic Rights You Have as a Victim

If you've been involved in a car accident in Philadelphia, it's crucial to understand your rights. Whether you're a driver, passenger, pedestrian, or cyclist, the impact of a collision can be life-changing. But the law is there to protect you. Here are some basic rights you should be aware of:

1. Right to Medical Care: After a car accident, your health should be your top priority. You have the right to seek medical attention immediately, even if your injuries seem minor. Some injuries may not manifest symptoms right away but could become severe later on.

2. Right to Report the Accident: In Pennsylvania, if the accident resulted in injuries, death, or property damage, you have the obligation to report it to the police. In return, you have the right to obtain a copy of this police report, which can be crucial for your claim.

3. Right to Remain Silent: While it's essential to cooperate with law enforcement and provide basic information, you aren't required to admit fault or provide detailed statements on the spot. Anything you say can be used against you later.

4. Right to Compensation: If the accident wasn't your fault, you have the right to seek compensation. This includes but is not limited to medical bills, lost wages, pain and suffering, property damage, and other out-of-pocket expenses.

5. Right to a Fair Process: You have the right to a transparent process when dealing with insurance companies. They are obligated to handle your claim promptly, explain their decisions, and offer a fair settlement based on your coverage and the accident's circumstances.

6. Right to Representation: You are entitled to hire an attorney to represent your interests. An experienced lawyer can guide you through the legal process, ensuring your rights are protected and helping you secure the compensation you deserve.

7. Right to Sue for Damages: In Philadelphia, you can sue the at-fault party for all your injuries.

8. Right to Privacy: Your medical records, conversations with your attorney, and certain aspects of your claim are private. Other parties, including insurance adjusters, cannot access these without your permission.

9. Right to Reject a Settlement Offer: If the insurance company offers a settlement, you have the right to review it with your attorney and reject it if it's not adequate. This prompts further negotiations or potentially taking the matter to court.

10. Right to Understand Your Policy: If you're filing a claim with your insurance, you have the right to a clear explanation of what your policy covers. This includes understanding deductibles, limits, and any other relevant terms.

Being aware of these rights ensures that you are not taken advantage of in the stressful aftermath of a car accident. Always consider seeking legal counsel to protect these rights and guide you through the complexities of the claim process.

Steps to File a Claim

Car accidents can be traumatic experiences, but understanding the steps to file a claim can make the process more manageable and ensure you receive the compensation you deserve.

Here's a step-by-step guide to filing a car accident claim in Philadelphia:

1. Prioritize Safety: Before anything else, ensure the safety of everyone involved. If possible, move the vehicles to a safe location away from traffic. Turn on hazard lights and set up cones or flares if available.

2. Call the Police: Regardless of the severity, it's a good practice to report any accident to the police. They'll create an official report, which becomes a crucial document when filing your claim.

3. Document the Accident Scene:

  • Take clear photographs of the accident scene, vehicle damages, injuries, license plates, and any relevant road signs or traffic signals.
  • Collect contact and insurance information from all involved drivers.
  • Obtain witness names and contact details if any are present.
  • Jot down the specifics of the accident while they're fresh in your mind, including date, time, location, and the events leading up to the crash.

4. Seek Medical Attention: Even if you feel fine, see a doctor. Some injuries don't manifest symptoms immediately. A medical report can also serve as evidence linking injuries to the accident.

5. Notify Your Insurance Company: Report the accident to your insurance provider. Provide them with the basic details without admitting fault. They'll open a claim and guide you through their specific process.

6. Keep Organized Records: Maintain a file with all accident-related documents, including medical bills, repair estimates, correspondence with insurance companies, and any out-of-pocket expenses.

7. Consult with an Attorney: While not mandatory, it's beneficial to seek legal advice, especially if:

  • The accident resulted in significant property damage, injuries, or death.
  • There's a dispute over who's at fault.
  • You believe the insurance settlement offer is too low.

8. Negotiate with the Insurance Company: If you're not satisfied with the insurance company's compensation offer, be prepared to negotiate. An attorney can be invaluable in this step, as they're experienced in dealing with insurance adjusters and can advocate on your behalf.

9. File a Lawsuit if Necessary: If negotiations with the insurance company reach an impasse, your next recourse might be to file a lawsuit against the at-fault party. Remember, Pennsylvania has a two-year statute of limitations for personal injury claims, so ensure you act within this timeframe.

10. Settle or Go to Trial: Many car accident claims are settled before reaching court. However, if a suitable agreement isn't reached, your case will go to trial where a judge or jury will determine fault and compensation.

Remember: Every car accident is unique, and while this is a generalized guide, the specifics of your situation may require a tailored approach. Always consider consulting with a legal professional to navigate the complexities of the claims process in Philadelphia.

Possible Outcomes and Compensation

Compensation after filing a claim can vary based on several factors:

1. Medical Expenses: This will cover all medical bills and future medical costs due to the accident.

2. Lost Wages: If the accident caused you to miss work or hindered your ability to work in the future, you could be compensated for these lost wages.

3. Pain and Suffering: This is a non-tangible cost, which means it's subjective and varies from one case to another.

4. Property Damage: This covers the damage to your car and personal belongings inside the car.

Sometimes, settlements can be reached without going to trial, but if an agreement isn't reached, the case may proceed to court.

How a Lawyer Can Aid the Process

An attorney, especially from a reputable firm like "van der Veen, Hartshorn, Levin & Lindheim", can immensely benefit your claim process:

1. Expert Advice: They can guide you through the intricate legal landscape, ensuring you're aware of all your rights and potential pitfalls.

2. Valuation: An experienced lawyer can accurately evaluate the worth of your claim, ensuring you get what you deserve.

3. Negotiation: A seasoned lawyer can effectively negotiate with insurance companies, which often aim to minimize payouts.

4. Representation: If your case goes to court, having a competent attorney is invaluable. They'll build a solid case to maximize your compensation.

Contact an Experienced Car Accident Accident Lawyer at van der Veen, Hartshorn, Levin & Lindheim for a Free Consultation About Your Case Today

Navigating the aftermath of a car accident can be daunting. But by understanding your rights and the process, you're better equipped to ensure justice is served.

While you focus on healing, let "van der Veen, Hartshorn, Levin & Lindheim" handle the legal intricacies. With their expertise, you're not just another claim number but a person who deserves justice and compensation. Reach out today to ensure your rights are upheld.


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