Three Things to do after a Berks County Car Accident

If you’ve been in a car accident in Berks County, Pennsylvania, there are three things you should consider doing right away. In this video, Attorney David Crossett breaks down immediate steps you should take.

If you’ve been injured in Berks County or elsewhere in Pennsylvania, give us a call. We’d be happy to talk with you about your case.

What to do when insurance denies your car accident claim

When you’re injured in a car accident or a motorcycle crash, one of the most stressful details you will have to deal with is filing an insurance claim. On this blog, we’ve discussed what to do with the medical bills that start piling up. But what happens when your claim is denied or when the insurance company won’t give you an appropriate settlement? What do you do when you feel like the insurance company is not giving you a fair valuation of your claim or keeps giving you conflicting information about how to seek a settlement from them? Here are three signs that it’s time to hire a personal injury lawyer to help you with your car accident claim.

  1. The insurance company denies liability for the accident

If the insurance company for the other side denies that their driver was responsible for the accident or wants you to go on record making recorded statements about what happened during the accident, it’s time to get a personal injury attorney involved. The claims adjusters you deal with are trying to do their job, which includes protecting their company’s bottom line. The claims adjuster does not work for you.

This doesn’t mean that they’re bad people—it just means that they are going to try to find ways to say that their driver is not liable for the injuries you’ve suffered in the accident. They may call you and ask to record you speaking about the facts underlying the accident. This is a good time to reach out to a personal injury attorney who can represent you in the matter. A personal injury attorney can serve as a buffer between you and the claims adjuster who is seeking to take your statement, ensuring that your case is properly presented to the other side.

  1. The insurance adjuster gives you a low offer

Properly valuing a person injury claim requires experience and an understanding of the insurance landscape. An experienced personal injury attorney is able to help you to determine the value of your car accident claim and to understand the limits that insurance might place on a potential recovery. In some respects, you can think of a personal injury attorney as an experienced guide who is helping you to walk through a landscape you’re unfamiliar with but which he has traveled many times. If you’re concerned about the value that the insurance company is placing on your claim or the initial offer that they’ve made to you, that’s a good time to get a personal injury lawyer involved.

  1. Your claim is denied

Of course, the most obvious time to get an injury attorney involved is when your claim is denied. An insurance company says that they will not pay you or refuses to renegotiate a claim on a level that you think is fair, you should contact a car accident lawyer for a second opinion. Car accident attorneys, such as those here at the Cornerstone Law Firm, are able to help you determine whether that denial is appropriate under the terms of the policy and whether there are additional insurance policies that may apply to your situation. Sometimes, victims of car wrecks are surprised to find out that their physical injuries may be covered under a family member’s car insurance policy who was not involved in the car accident.

If you’ve struggled with an insurance claim you’ve filed, call the Cornerstone Law Firm today and let us help you determine what your next steps should be.

Medical Liens

When you’ve been in a serious car crash and experienced personal injuries as a result of the accident, one of the most overwhelming problems to manage are the ensuing medical bills that you receive. Regardless of who pays for your medical bills, or if they remain unpaid, you will likely be subject to medical liens after the accident. In this post we’re going to discuss what medical liens are and how they should be handled after a car crash, motorcycle accident, or other catastrophe that results in personal physical injuries.

When you are injured, whether you see a doctor, a chiropractor, or any other medical expert, if you are not the one paying their bills, there will be liens. Sometimes, these “liens” are placed by a medical insurance company that covers your injuries, and then “subrogates” the right to seek payment. In other instances, where the bills remain unpaid, its ultimately the hospital that is eating the costs of your medical treatment. As a result, they can continue to seek payment of these unpaid bills after you’ve obtained a settlement for your injury claim.

In any event, those who pay your medical bills, whether it’s the hospital or an insurance company, will expect to be repaid out of any personal injury settlement that you receive. Because they have paid the costs of your treatment, they have a right to be repaid out of a settlement or judgment you obtain at trial. This right operates as a “lien” on your recovery under the law. Accordingly, if you receive a personal injury settlement through your attorney or privately from the car insurance companies involved, you’re going to have to turn around and pay some of that back to the companies that paid for your treatment. This is where having an experienced personal injury attorney can help you tremendously.

What is “subrogation”?

Subrogation is an equitable legal doctrine that allows an insurance company that paid a bill to “step into the shoes” of the billing party to seek repayment. Essentially, the insurance company agrees to pay the hospital, and they take the insurance company’s right to payment as their own. So even where your medical insurance pays your bills, they can seek repayment from you if you receive a settlement of your injury claim. This is true regardless of whether the case settles or goes forward to trial.

What will a personal injury lawyer do about my medical liens?

An attorney who represents victims of car accidents can help by negotiating these liens. While the lien-holder is typically entitled to payment, there may be statutory or other reductions to these liens that you can insist on under the law. In other instances, experienced lawyers can negotiate a lower payment on the liens for other reasons. By negotiating a lower satisfaction of these liens, your recovery can be increased by eliminating some of the payments you will have to make after settlement.

Conclusion: Medical liens don’t have to be intimidating

At Cornerstone Law Firm, we help clients every day who are facing mounting medical bills and intimidating medical liens after a car crash or other accident. If you’ve been injured, call us for a free consultation on your rights. You have a limited amount of time after a crash to seek compensation, so don’t delay. Let us help you determine your rights today.

Medical Bills After a Car Accident

One of the biggest stresses that any individual faces after a car accident is mounting medical bills. When you’ve been hurt, whether in a motorcycle accident or a car crash, medical bills can quickly mount. Sometimes, even a simple ambulance ride to the hospital can produce an astronomical bill for a client to pay.

Every case is different, and you should definitely consult a personal injury attorney about how to handle your medical bills after an accident. However, here are three general tips that can help you navigate the process.

  1. Your bills should be paid by your insurance.

Yes, that’s right. Your insurance covers your medical bills up to a certain amount. This is called Personal Injury Protection or “PIP” coverage. Your insurance will have an obligation to cover you up to a certain amount of money. You can check your own Declaration Page to find out how much PIP coverage your insurance carries. When you go to a doctor or a hospital, you will have them submit their bills directly to your car insurance. This is true whether or not you have health insurance and is also true even where the other party is at fault.

Sometimes people are confused by this idea. They say “If the other person is at fault for the accident, why does my insurance have to pay?” This is an understandable question but the short answer is that the Commonwealth of Pennsylvania, by statute, has declared that all insurance providers must pay your medical bills up to a certain amount (variable by policy) to ensure that no one is left without coverage in the event that they are hit by someone who does not have sufficient insurance. So, tip one is to have your medical providers present your car crash related medical bills to your PIP provider.

  1. Don’t be a “tough guy”: Get Treatment

Many times, people try to be tough after an accident. They say “I don’t need any medical treatment,” or “It’s no big deal. I’ll just get over it.”

After a car accident, it’s very important that you get treatment.

Sometimes, the adrenaline of a car accident and the rush that can come as a result, will cause the victim to overlook injuries and can suddenly feel how much pain they were in that was initially hidden. In other words, don’t be afraid to go get things checked out.

Injuries can reveal themselves over time. Soft tissue damage can be hard to detect. Even serious injuries resulting from a car accident or motorcycle crash can lie below the surface and require treatment. This is one of the only times in life that you can have your medical bills paid entirely by someone else, without even a co-pay—so go see your doctor.

Furthermore, you have a limited amount of time—known in the law as the statute of limitations—within which to bring a claim and to have your injuries paid for by your insurance company or the other person’s insurance company. So, don’t be a tough guy, and go get treatment after your car crash. Once the doctor clears you, then you know you’re fine. But, at least then, you’ll have the confidence to know that there are no serious issues lingering and waiting to raise their ugly head in the future.

  1. Keep Track of Your Providers

Sometimes, car accident attorneys, like those here at the Cornerstone Law Firm, will meet with a client and ask them where they’ve been treated. The client will say, “I don’t know where I was treated. I just went to wherever the first doctor told me to go.” They may have to dig through piles of records to figure out who it was that they went for a specific type of treatment. Although you can figure it out, it can take some time to track all of your medical providers down. So, keep a list of your providers handy. When you go to an appointment, write down the provider’s name on a separate sheet of paper. Who they are, the reason for seeing them, and how many times you went back. This type of information will be very helpful to your personal injury lawyer in pursuing your claim later. Even if you decide not to pursue your claim, keeping track of providers can be helpful for the future in helping your doctors determine where else they might be able to obtain records.

Conclusion: your medical bills tell a story

After a motorcycle crash or a car accident, your medical bills will mount, but they are important. They tell a story of what you’ve been through, the injuries you’ve suffered, and how you’ve managed to overcome those injuries. If you have questions about your car accident or motorcycle crash, call the personal injury attorneys at the Cornerstone Law Firm today to discuss how we can help you to confront your new normal.

 

Insurance after a car accident

After a car accident, one of the most difficult things to figure out is whether your insurance or someone else’s insurance has to pay for the medical bills you’ve accumulated. Even if your insurance is paying for your bills, it can be tough to know if their “offer” to settle the case is sufficient. When an insurance company offers you a settlement for your injuries, should you take it? There are several factors to consider when you’re evaluating an offer from a car insurance company offering to settle your personal injury claims.

1. How Bad are your Injuries?

The most important inquiry in determining whether a personal injury settlement offer is appropriate is to ask how bad your injuries are. No injury is a good thing, but obviously, some physical injuries are worse than others. How long did it take you to heal? How long did you seek treatment for your personal injuries? Did you miss work or lose your job because of your injuries? In general, you are usually entitled to recover for your medical bills, your lost wages, and your pain and suffering resulting from the vehicle accident. Determining how bad these were will help determine whether an offer from your insurance company is fair.

2. Are you completely better?

One of the most important questions to ask yourself is whether you’re completely better. You should generally not accept a settlement for personal injuries from a car or other accident if you are not 100% recovered. Sometimes, the most serious injuries are lurking under the surface. If you’re still experiencing pain and lack of mobility after treatment, you should first speak to your doctor about other treatment options. Once you accept a settlement for a car accident, you are done. You will be asked to sign a release, and you won’t be able to come back for more money if it turns out the injuries are more serious than you thought. So, don’t settle if you’re not better yet! Or, if you’re statute of limitations is about to run out (see below), you may need to file suit to preserve your rights to compensation.

3. When does your statute of limitations run out?

The statute of limitations is a law that sets the time limit on when you can bring a lawsuit to recover for your injuries. You should consult an attorney about your particular case to determine when the statute runs out on you, thus limiting your right to recover for your injuries. If your statute is about to run, this will impact whether you file a lawsuit or accept an offer to settle your claim. The statute of limitations can also motivate the insurance company to make a better offer–but that’s only the case if they’re afraid you’ll file suit.

Conclusion: Call for a Free Consultation on your Injuries

In conclusion, if you’ve been injured in an accident–whether it involved a car, bus, motorcycle, bike, or any other vehicle–call us for a free consultation on your case. We can help you determine whether a settlement offered you by a car insurance company is right for your case, or whether you should fight for more compensation. Whether you were injured in an accident here in Berks County, or anywhere in Pennsylvania, Maryland or New Jersey, we can help you determine what to do next.

What To Do If Insurance Denies Your Claim

What To Do If Insurance Denies Your Claim

When an insurance company denies your claim, what do you do? Should you just accept the insurance claim denial, or, should you fight it? Often times, when dealing with an insurance company to whom you have paid premiums for years, it can feel very frustrating when their denial leaves you feeling like you have few options. At the Cornerstone Law Firm, we help clients every single day who have had an insurance claim denied to determine whether they should challenge the claim in court or otherwise.

There are two major things you should consider if your insurance claim has been denied:

  1. What does your policy actually say?

When you signed up for an insurance policy, you received the full written policy (sometimes several days later in the mail). This policy can be thirty, forty, or even a hundred pages long, and will explain what the insurance company will do in a variety of circumstances and how the claim is to be administered. Does the policy cover what happened in your situation? Is there a provision that they referenced in their denial letter that governs your claim? If so, that provision is the starting point of your inquiry—but it is not the ending point.

  1. What does the law of your State say?

What does the law of your state say about insurance contracts? States have laws and regulations governing insurance contracts. Here in Pennsylvania, the rules include a provision that says that insurance contracts should be construed against the insurance company if there is any question in how the contract should be properly interpreted. The law also says that if a contract for insurance violates the insured’s reasonable understanding of what they were purchasing insurance for, that provision is unenforceable. Thus, even if your insurance policy says that the denial of coverage is proper, that might not be the case.

  1. Speak to an experienced insurance attorney.

If you have received a denial of an insurance claim, you should speak to an experienced attorney to ask them what to do in your situation. The attorneys at the Cornerstone Law Firm have substantial experience dealing with insurance company denials. We help clients to look through their policy to find the provisions at issue, look at the correspondence from the insurance company, and we can help you understand the law governing insurance contracts.

If you have been denied on an insurance claim for your car, house, or anything you may have insured, please call us at 610-926-7875 so that we can help you figure out your next steps.