Gimmicky auto-insurance advertisements sell the belief that you are protected if you purchase their coverage. It is important to remember that these companies profit by minimizing or denying payouts. You are not obligated to accept their deficient offers that fail to keep you in mind.
Soloff & Zervanos understand this dynamic. Our car accident lawyers have vast experience in these cases and can examine your situation to decide the best course of action for remediating your injuries. If your insurance company proposes a settlement after a crash, do not jump at their first offer.
State law imposes a financial responsibility requirement on people maintaining or using motor vehicles, per 75 Pennsylvania Consolidated Statutes § 1702.0 (1984). At a minimum, Pennsylvania motorists must carry:
Under 75 PA Cons. Stat. § 1705 (1990), motorists satisfy this financial responsibility by purchasing limited tort or full tort policies. Limited tort is more affordable but has its drawbacks.
Limited-tort holders are not completely stripped of their right to sue at-fault drivers. State law, in 75 PA Cons. Stat. § 1705(a) (1990) grants drivers with limited coverage to seek recovery for any medical and other out-of-pocket costs. Exceptions within a limited-tort contract may also enable a person to sue the driver who caused the crash for noneconomic compensation. For instance, a limited-tort carrier’s insurance policy can provide exceptions for serious injury.
Alternatively, motorists who opt into full-tort insurance, specified in 75 PA Cons. Stat. § 1705(c) (1990), have an unconditional right to bring a lawsuit for economic and noneconomic damages against an at-fault driver.
Ultimately, you are entitled to accept or reject any insurance offers. It can be tempting to get the matter over quickly and accept the sum offered by your insurance company, but the advice of legal counsel can empower you to evaluate a proposal in light of all the circumstances surrounding your case.
The advice of legal counsel can empower you to evaluate a proposal in light of all the circumstances surrounding your case. Insurance companies have highly trained in-house counsel who are ready to settle your case without considering your unique needs. Your lawyers can leverage the facts of your policy and the accident to reach an agreement with the insurer that properly reimburses you.
Negotiations with your insurer could reach an impasse. In that case, your counsel can work with the language of your policy to bring a cause of action in court against the motorist whose conduct caused both your economic and non-pecuniary damages.
An insurer’s first settlement proposal can seem more like a demand and less like an offer. You never have to take what they are suggesting. You control your options.
At Soloff & Zervanos, we have extensive experience dealing with auto-wreck claims. We are not afraid to stand up for your position while negotiating a settlement with your insurer, nor will we shy away from building a personal injury case against the at-fault driver, even if you have limited tort coverage. Call now to discuss your case.
