There are many misconceptions about filing traffic accident claims in Pennsylvania. Some of those misconceptions are based on the state’s no-fault insurance laws. Below are three common myths about recovering compensation for a car accident claim in Pennsylvania.
You do not need to file a claim until you finish medical treatment.
While you do not want to file a claim until you have reached maximum medical improvement, you must also be very cautious of Pennsylvania’s statute of limitations. In car accident cases, a victim typically has two years from the time of the accident to file a personal injury lawsuit. If you do not file your lawsuit before the deadline, you could lose your right to receive compensation for your injuries. Therefore, you must carefully weigh your options when your injuries require ongoing medical treatment. An experienced Erie car accident attorney can help you determine the best option for recovering the most money for your claim without losing any legal right to file a lawsuit.
You cannot file a lawsuit for damages in Pennsylvania because it is a no-fault insurance state.
This is not true. Yes, Pennsylvania does allow drivers to choose between limited tort insurance and full tort insurance and this choice could impact your ability to file a claim for damages against another driver. However, there are exceptions to the “no lawsuit restriction” of limited tort insurance policies. You might be entitled to file a lawsuit even though you have this type of policy. It is always best to consult with an experienced car accident lawyer in Erie if you have been injured in an accident caused by another driver.
If the police report states the other driver is at fault, I do not need an attorney to file a claim.
To recover damages for a car accident claim, you must be able to prove that the other driver caused the accident. While a police report can help, it is not evidence of fault in a civil action. The police officer is basing his findings on what the drivers and witnesses told him, not what he actually witnessed. A defendant can challenge the findings and allege that the officer was not correct in his assumption of fault. The insurance company for the other driver might choose to fight fault and deny your accident claim. An attorney understands the elements of proving fault in a civil action. You need someone who can investigate the cause of the accident, identify the liable parties, and gather evidence that proves you did not cause the accident.
Contact an Erie Car Accident Attorney for Help
Do not make the mistake of assuming your car accident claim will automatically be approved because the other driver caused the accident. Get the facts from an experienced Erie car accident attorney so that you can get the money you deserve for your injuries and damages.
Contact The Travis Law Firm toll-free at (800) 401-2066 to schedule a free legal consultation with one of our attorneys. It does not cost you anything to tell us your story and get answers to your questions.