When a Minor Fender-Bender Causes Lasting Injuries: When to Seek Legal Help
Even a simple fender-bender can lead to serious injuries, with symptoms sometimes not appearing until hours or days after the incident. When you realize your injuries are much more serious than you might expect from the severity of the crash, you should immediately seek legal help to ensure that you receive fair compensation. If you or a family member has recently been injured in a fender-bender, our Greensburg, PA, car accident lawyer will advocate for maximum damages on your behalf.
If Liability is Disputed
If evidence is lacking or parties disagree on how an accident occurred, it may take longer to determine liability. In a fender-bender, liability may be in dispute if there were no eyewitnesses to the accident. If liability cannot be established, then you will be unable to recover compensation for your injuries.
If Insurance Offers a Low Settlement
If insurance questions the extent or severity of your injuries, you will most likely be offered a lowball settlement. Generally, the first settlement offer is only valued at about 40% of what your accident case is worth. At this early stage, the insurance company may not factor in future medical damages or lost wages. While subsequent offers will typically be much higher, having our car accident lawyer by your side will convince a claims adjuster not to attempt any of their usual tactics.
If Your Injuries Result in Financial, Physical, or Emotional Damages
Negligence is not just based on showing that the other driver failed to follow the rules of the road and caused you harm. In a car accident claim, you must also demonstrate that you suffered losses (known in the law as “damages”). Damages can be financial, physical, or psychological/emotional in nature, characterized as either economic or non-economic. Economic damages are monetary losses that take money directly away from you. Common economic damages in a fender-bender include medical expenses and lost wages. In contrast, non-economic damages are intangible losses that affect your quality of life. Even in a minor collision, non-economic damages may include pain and suffering, infliction of emotional distress, and post-traumatic stress disorder (PTSD).
The Commonwealth of Pennsylvania is unique when it comes to auto insurance laws. It is considered a choice fault state, meaning that motorists can choose between no-fault (limited tort) and at-fault (full tort) insurance. Although limited tort coverage comes with lower premiums, you will be unable to recover non-economic damages or sue the other driver.
However, there are exceptions that would allow you to exit the no-fault system, which are specified under 75 Pa.C.S. §1705. Common exceptions that would apply in a fender-bender include being hit by a drunk driver or uninsured driver, if the other driver’s vehicle was registered out of state, or if you suffered a serious injury under the law. If you are unsure if you qualify to recoup non-economic damages, you should reach out to a member of our legal team.
Greensburg Car Accident Lawyer Offering Knowledge, Skills, and Experience
Although a fender-bender is often associated with minor injuries and minimal property damage, this is not always the case. Some fender-bender victims may require hospitalization, having to undergo surgery and physical therapy to return to their former state of health. Your recovery journey should focus on healing, not legal damages. At Stine & Associates, P.C., our Greensburg car accident lawyer has been helping personal injury victims obtain successful recovery and is ready to help you. To learn more about your rights, contact our office online or by calling (724) 837-0160 to schedule your free consultation.