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Auto Accidents

After an auto accident, we can help get you back on the road

The hospital. The doctors. The long days and sleepless nights … all those medical bills, and the auto insurance people with all those questions and no answers regarding your auto or motorcycle accident.

In times of crisis like this, you need expert help from the hospital, from the doctors and nurses. And you also need Gailey Legal Group and Attorney Herm Gailey, the professional auto accident lawyer in York, PA.

We will help you deal with the insurance companies.  We will answer your questions.  And we will take care of the critical details that can make all the difference in a crisis, so you can tend to the healing.

When it concerns automotive and motorcycle insurance companies, you need a strong advocate by your side. Herm will represent you and will stand by you every step of the way to completion.

If you have been injured in an automobile or motorcycle accident, Herm has the experience and the expertise to help you. He is the auto accident lawyer you can trust. Contact us now.

Frequently asked questions about auto accidents

Who pays for my medical expenses?

Medical expenses are turned in to your own automobile insurance. Your policy will provide a dollar limit for payment of your medical bills. An exception to this is the case in which you are involved in an accident while you were on the job. In work related cases, payment of medical bills is the responsibility of your employer’s workers’ compensation insurer.

What do I do if I use up my auto insurance medical benefit and still need treatment?

If you have health insurance, you can begin to submit medical bills to the health insurer once your auto benefits have been exhausted. Depending on circumstances, you may also be eligible for Medicare benefits and, in some cases, payment of bills by the Department of Welfare. If your bills are not paid by one of these sources, you may be able to recover medical expenses which are unpaid or which you have paid yourself from the other driver’s insurance. However, this generally takes place only at the end of the case after settlement or a verdict has been reached.

Can I be reimbursed for lost wages if I miss work because of my injuries?

Your own automobile insurance policy may provide for wage loss payment. This will provide a specific benefit spelled out in the policy. This is an optional coverage which is not included in all policies.

You may also have the right to receive benefits from short term or long term disability you have through work or any private disability insurance policy you may hold. If you are unable to receive compensation from any of these sources, a claim can be made on the responsible driver’s insurance policy.

However, in most cases reimbursement of lost earnings by the other driver’s insurance will not take place until the entire case is concluded.

Should I sign an authorization for the insurance company to review my medical records?

It depends. Your own insurance company has the right to review your medical records since they are making payment of medical bills. For that reason, they have the right to ask you to sign a medical authorization and you should do so.

The responsible driver’s insurer may also ask you to sign an authorization. If you sign that form, you are allowing the other driver’s insurance company full access to your confidential medical records. In most instances, this is not a good idea and should be done only if you are advised to do so by your auto accident attorney.

Should I give a recorded statement to the insurance company?

Your own company may choose to take a recorded statement. They are entitled to your cooperation and in most instances providing such a statement is acceptable.

The responsible driver’s insurer may also want a recorded statement which, if possible, they will try to use against you later in the case. Remember you are dealing with trained insurance professionals who do nothing but deal with claims such as yours. In most cases you should refuse to provide a recorded statement and, if you do, you should do so only with the assistance of an auto accident attorney.

Should I turn in my claim for damage to my car to my insurance company or the other driver’s company?

There are advantages to both options. First, before you can make a claim on your own policy, it is necessary that you have “collision” coverage. Some policies, particularly on older cars, do not provide this coverage.

If you make a claim on your own policy, you will at least temporarily be responsible for your deductible. If the auto accident is the other driver’s fault, making a claim on your own policy will not increase your insurance rates.

If you deal with the other driver’s insurance company, you will not be responsible for your deductible since they owe you full compensation. On the other hand, many clients find that dealing with their own insurer is more comfortable and quicker.

If my insurance company pays my car repair bill, can I ever get my deductible back?

If your insurance pays for vehicle repairs and charges you the deductible or if your car is totaled and the deductible is applied, your insurer will almost always attempt to collect from the other driver’s insurance. When they are repaid, they will also collect your deductible and return it to you.

For this reason, the loss of your deductible, if the auto accident is the other driver’s fault, is usually only temporary. The length of time it takes for this process to be completed varies, but most insurers are diligent in pursuing this since they will be receiving payment, as well.

Do I have a right to payment for a rental vehicle?

Yes, you have a right to payment for a rental vehicle for a reasonable time while your car is disabled and being repaired. If your car is destroyed in an accident, your right to a rental generally terminates when payment for your demolished car is made. Usually payment for a rental vehicle comes from the responsible driver’s insurance company.

You may, however, have rental coverage on your own policy which you may use. Before procuring a rental car, it is advisable to have the details agreed to with the insurer which is going to provide payment. In that way, you can assure yourself that you will not be incurring unanticipated out of pocket expenses.

What does “limited tort” mean?

Limited tort is a limitation on your right to make a claim for what are known as non-economic damages. You select either full or limited tort when you buy your own insurance. If you select limited tort you are able to make a claim for non-economic damages such as pain and suffering only if you have sustained what the courts would consider to be a “serious injury.” This is referred to as the limited tort threshold.

Overcoming that threshold typically requires a very severe injury often involving surgery, hospitalization, disability from work and permanent limitations in activities. This requirement has proven very difficult to overcome.

There are, however, exceptions to the application of limited tort. These are technical and legal in nature and should be analyzed by an auto accident attorney if you have a claim which involves limited tort.

Should I try to handle my claim on my own?

Generally speaking, insurers are delighted when claimants attempt to negotiate personal injury claims on their own. What makes the insurers so happy is the opportunity to use their resources and expertise to settle these cases for a fraction of their true worth. Insurance claim professionals do nothing but deal with insurance claims.

When dealing with an unrepresented individual, the playing field is far from level. For that reason, handling a claim on your own is a bit like performing your own surgery. It may be possible, but you probably won’t like the result. Instead contact us, and allow us to apply our experience on your behalf.

The materials and content of this website are intended for informational purposes only. Use of the website does not create an attorney/client relationship. The information set forth on this website is not legal advice. Visitors to this website should not act upon this information without consulting legal counsel.