Philadelphia At Fault Accident Attorney

How Fault Gets Determined

Police reports, witness statements, traffic camera footage, vehicle damage patterns, and accident reconstruction all play a role in determining fault. An officer might note which driver had the right of way, whether anyone violated traffic laws, road conditions, weather, visibility, and driver statements at the scene.

Insurance adjusters then review this evidence to assign fault percentages. And here's where things get tricky.

Insurance Companies Blame You to Avoid Paying

Insurance companies make money by collecting premiums and minimizing payouts. One of their favorite tactics is inflating your share of fault or claiming you're entirely at fault when you're not.

They might pull a recorded statement from you right after the crash when you're shaken up and in pain. You say something like "I didn't see them coming," and suddenly the adjuster twists that into an admission of negligence. They'll use vague police report language against you. They'll ignore witness statements that support your version of events.

We've seen cases where pedestrians hit in crosswalks get blamed for not looking. The insurance company's goal is to deny your claim or reduce what they pay.

That's why you need someone on your side who knows how to challenge their version of events, gather the right evidence, and fight for an accurate fault determination.

You Must File Your At-Fault Accident Lawsuit Within Two Years in Philadelphia

Pennsylvania gives you two years from the date of your accident to file a lawsuit. Miss that deadline and you likely lose your right to compensation, regardless of how strong your case is or how badly you're hurt.

The clock starts ticking the day the accident happens. For most crashes, that's straightforward. But there are exceptions, like if you didn't immediately discover your injuries or if the at-fault party left the state for an extended period.

Two years might sound like plenty of time. It's not. Medical treatment takes months. Insurance negotiations drag on. Evidence disappears. Witnesses move away or forget details. The sooner you talk to an attorney, the better your chances of building a strong case.

Talk to us about your situation before it's too late. Our Philadelphia at-fault accident attorney can help.

Compensation You May Recover If Your Level of Fault Is 50% or Below

If you're 50% or less at fault and you chose full tort coverage when you bought your auto insurance, you can pursue two categories of compensation.

Economic Damages

These are your measurable financial losses.

• Medical bills from emergency room visits, surgeries, physical therapy, medications, and future treatment you'll need
• Lost wages from the time you couldn't work while recovering
• Property damage to your vehicle and personal belongings
• Out-of-pocket expenses, such as hiring someone to mow your lawn or clean your house, because you are physically unable to do so

We gather documentation for everything. Hospital records, pay stubs, repair estimates, and receipts. The insurance company will try to minimize these numbers, so we make sure every dollar you've lost gets accounted for.

Non-Economic Damages

These are the losses you can't put on a spreadsheet but are just as real.

• Physical pain from your injuries: The frustration and limitations of not being able to pick up your kids or play your weekend softball games.
• The anxiety of wondering if you’ll fully recover: The embarrassment of scars or visible injuries. Lost enjoyment of activities you loved before the crash.

Pennsylvania law recognizes these damages, but calculating them takes skill. Insurance companies often lowball non-economic damages because they're harder to prove than a stack of medical bills.

How Our Philadelphia At-Fault Accident Attorney Can Help You Recover Compensation

The insurance company has lawyers and adjusters working full-time to pay you as little as possible. You need someone who knows their tactics and how to counter them.

We Investigate What Really Happened

We don't rely on the police report alone. We visit the accident scene while the evidence is still there. We interview witnesses before their memories fade. We request traffic camera footage before it gets deleted. We bring in accident reconstruction experts when needed to show what actually occurred.

If the other driver ran a stop sign, we find the proof. If road conditions played a role, we document it. If a defective car part contributed to the crash, our Philadelphia car accident lawyer will identify it.

We Challenge Inflated Fault Claims

When the insurance company claims you're more at fault than you actually are, we fight back with evidence. We review every statement, every photo, and every measurement. We depose the other driver. We hire experts to contradict their version of events.

If you genuinely share some fault, our at-fault accident lawyer in Philadelphia, PA, works to minimize that percentage. The difference between 40% fault and 51% fault is the difference between recovering significant compensation and getting nothing.

We Calculate Your Full Damages

Most people don't realize how much their claim is actually worth. The insurance company offers you $15,000 for medical bills when your case is worth $100,000 when you factor in future treatment, lost wages, and pain and suffering.

We work with medical experts to project your future care needs. We calculate how your injuries will affect your earning capacity over your lifetime. We account for every way this crash has damaged your life.

We Negotiate Aggressively

Insurance adjusters make lowball offers, hoping you'll take the quick money and go away. We don't accept their first offer, or their second, or their third. We know what your case is worth, and we negotiate from that position.

When they claim you're more at fault than you are, we push back with evidence. When they try to minimize your injuries, we show them the medical records.

We Go to Trial When Necessary

Most cases settle, but some don't. When the insurance company won't make a fair offer, we're prepared to take your case to a jury. We've tried hundreds of personal injury cases in Philadelphia courts.

Insurance companies know we're not bluffing when we say we'll go to trial, which often motivates them to settle fairly.

Discuss your case with us. Our Philadelphia at-fault accident attorney can help you recover compensation if your fault is below the 51% threshold.

Why Choose van der Veen, Hartshorn & Levin for Your At-Fault Motor Vehicle Accident Claim

We start every case by listening. We ask about your family, your job, your daily routine before the crash, and how everything has changed since. We need to understand who you are and what you've lost to effectively represent you.

You're dealing with injuries, medical appointments, insurance hassles, and probably financial stress. The legal process can feel overwhelming when you're already struggling. We take time to explain each step, answer your questions in plain language, and keep you informed as your case moves forward.

We talk about your relationships and how your injuries have affected your spouse, your kids, and your ability to do your job. We ask about the physical limitations you're facing, the activities you can't do anymore, and the pain you wake up with every morning. These details matter when we're building your case and fighting for fair compensation.

You'll work directly with an attorney, not just a paralegal or case manager. When you call after hours or on weekends, you'll reach one of our lawyers, not an answering service. This isn't a nine-to-five operation. We're here when you need us because we know accidents and their aftermath don't follow business hours.

Our team cares about getting you across the finish line in the best position possible. That means winning your legal battle and making sure you receive the compensation you need to move forward.

Experience and Recognition

We've spent over 50 years representing injured people in Pennsylvania. We've recovered over $100 million for our clients.

Our attorneys have been recognized as Pennsylvania Super Lawyers, named to America's Top 1000 Personal Injury Attorneys, included in The National Trial Lawyers Top 100, and listed among the Motor Vehicle Trial Lawyers Top 25.

Insurance companies know who we are and what we've accomplished. That reputation works in your favor during settlement negotiations.

Talk to us about your case.

Contact Our Philadelphia At-Fault Accident Attorney at van der Veen, Hartshorn & Levin Today for a Free Case Consultation

You're hurt, worried about bills, and maybe blaming yourself for what happened. The insurance company is telling you you're at fault and trying to minimize what they owe you. You don't have to navigate this alone.

Pennsylvania law protects people who share partial fault, and we've helped hundreds of clients in similar situations recover the compensation they deserved. We can review your case, investigate what happened, challenge inflated fault claims, and fight for every dollar you're owed.

For help from an at-fault accident attorney in Philadelphia, contact van der Veen, Hartshorn & Levin online or call today.