Pa auto-accidents

A GUIDE FOR AUTO ACCIDENT VICTIMSPrepared by Jim Ronca, Esq. at Anapol Schwartz, P.C.

© 2012 All Rights Reserved. Read more information online at www.pacaraccidents.com � Jim Ronca

A GUIDE FOR AUTO ACCIDENT VICTIMSYou are an auto accident victim. You and your family may suffer property damage, terrible injuries, or even death. You may experience terrible pain and suffering. Many accident victims are unable to work for months or sometimes, forever. Life will be different.

Toll Free (800) 682-7490

PA Car Accidents.comJim Ronca

ATTORNEY DISCLAIMER: This PDF is dedicated to providing general public information regarding legal rights. None of the information on this PDF is intended to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Please contact a lawyer for information regarding your particular case. This PDF is not intended to solicit clients outside the states of Pennsylvania, New Jersey, Ohio, West Virginia and Arizona.

http://pacaraccidents.com/

� Jim RoncaA GUIDE FOR AUTO ACCIDENT VICTIMS

Prepared by Jim Ronca, Esq. at Anapol Schwartz, P.C.© 2012 All Rights Reserved. Read more information online at www.pacaraccidents.com

Toll Free (800) 682-7490 PA Car Accidents.comJim Ronca

No fault insurance, First Party Benefits, Exceptions to Limited Tort . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Limited Tort, Pennsylvania Motor Vehicle Financial Responsibility Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Paying your Medical bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Not insured, Hiring a Personal injury lawyer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Uninsured motorist & underinsured motorist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Police report mistakes, witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Drunk Drivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-10

Accidents Caused by Distracted Drivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Car Accident Property Damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Car Value & Insurance Companies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Injured Bicyclists and Pedestrians, bicycle manufacturing defect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Pedestrian Accidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Hiring an attorney to for an auto accident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Statute of limitations, affording a personal injury lawyer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Auto accident victims’ glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-19

About Jim Ronca . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Table of Contents:

For more than 30 years I have focused my practice on major car and truck accident cases, medical

pharmaceutical and work site injury. I co-authored the most widely referenced book on automobile personal injury insurance law and I can answer

questions about your injury case.


http://jimronca.com/


http://www.anapolschwartz.com/index.asp





No fault insurance Why is my insurance company responsible for my medical bills when the other driver was at fault?Pennsylvania is a no fault insurance state. Regardless of whose fault the accident was (yours or the other driver’s) — your insurance company will pay for certain benefits.

Can I still file a claim if I have limited tort car insurance?Because you have somewhat discounted insurance, your right to sue for certain damages is limited if you selected limited tort insurance. Of course, there are always exceptions. If your claim does not fall under one of the exceptions set forth below; you will be prevented from filing a lawsuit for your pain and suffering. However, limited tort insurance does not prevent you from filing a lawsuit to recover certain expenses, such as wage loss that you incurred as a result of injuries sustained in the accident caused by the fault of another driver. You may also be entitled to recover other out of pocket expenses related to your automobile accident.

Below is a list of automatic exceptions where you can recover money for your pain and suffering, even if you have a limited tort insurance policy.

Exceptions to Limited Tort The driver who was at fault is registered out of state.The driver who is at fault is convicted of DUI. You were a passenger in a commercial vehicle such as a taxi, bus, or tractor trailer.You were on a motorcycleYou were a pedestrianYour injuries are considered a serious impairment to a significant bodily function.

What are First Party Benefits? First Party Benefits are the insurance benefits you purchase to protect you, your household members, and passengers in your vehicle. These benefits include coverage for reasonable and necessary medical treatment resulting from a car accident and income loss if you are unable to work as a result of injuries suffered in a car accident.

Contact Anapol Schwartz, P.C. to learn about the complexities of auto accident insurance and your rights.






http://www.anapolschwartz.com




What kind of injuries qualify for compensation even with limited tort? Injuries incurred during your auto accident must be considered a serious impairment of a significant bodily function. Unfortunately, juries in counties across Pennsylvania are not consistent in the way they decide whether an injury is serious enough to overcome this limited tort requirement. Generally, if your injury required you to have surgery, it will be serious enough to overcome limited tort in most of the counties in Pennsylvania.

It is harder to require whether injuries that do not require surgery will overcome limited tort. This is a complex question, one you should discuss with an experienced auto accident lawyer, as it is often based on each victim’s situation. The impact on your specific job, the length of time your injury lasts, and the degree of pain from your injury are just some of the many factors that need to be discussed and considered with the help of a knowledgeable attorney like Jim Ronca and the attorneys at Anapol Schwartz.

What is the Pennsylvania Motor Vehicle Financial Responsibility Law? The MVFRL defines your rights when injured in a car accident. What rights do you have?Every insurance policy covering motor vehicles must provide medical coverage of at least $5,000. The following benefits must be available for purchase but coverage is not mandatory:

Reasonable medical and rehabilitation up to $100,000Extraordinary medical and rehabilitation with coverage limits from $100,000 to $1,000,000Income loss benefits to include 80 percent of actual loss of your gross incomeDeath benefit up to at least $25,000 paid to the insured’s personal representativeFuneral benefits of $2,500

What’s the difference between limited tort and full tort insurance? Full tort coverage gives you the unlimited right to sue for automobile-related non-economic damages such as pain and suffering caused by the carelessness of another driver. Limited tort coverage allows you to sue for these damages only if you suffer a serious injury.









Who pays your medical bills?If you own an insured motor vehicle, your insurance company will pay your medical bills. Your insurance company should not increase your premiums if the accident was not your fault.If you do not own a motor vehicle, but you live with a relative who does own a motor vehicle, then their insurance company will be responsible for your medical bills. Their insurance company should not increase their premiums if the accident was not their fault or your fault.If you do not own a motor vehicle and don’t reside with a relative who owns an insured motor vehicle, then the insurance on the vehicle you are driving, or a passenger in will be responsible for your medical bills. If there are no owned or insured motor vehicles in your household, and no insurance on the vehicle you are a passenger in, or you were a pedestrian or bicyclist, then the insurance on the vehicle at fault is responsible for your medical bills.

Can I recover money if I was injured as a passenger in a car with a driver that was at fault? What if I’m related to the at fault driver of my vehicle? If you were injured as a passenger and the driver of your car was at fault, you can recover money against their insurance company. Insurance is intended to protect you, or any family member, from being injured by any driver, even if that driver is a member of your family. In reality, your case is much more between you and your insurer then it is between you and your family member, or whoever it was that was driving the car you occupied.

Since you are in charge of whether to accept a settlement offer or not, you are also in charge of whether to accept a settlement if it means not going to court, or even filing a lawsuit, against your at fault friend or family member. At Anapol Schwartz, P.C., most of our cases are settled without ever having to file a lawsuit.









If my car was not insured on the date of the accident, can I still get some benefits?

If the car you drove is owned by you and registered in Pennsylvania but not insured at the time of the accident, Pennsylvania will impose certain penalties on you. While you cannot obtain any medical benefits from any auto insurer, if you have health insurance, you can submit your medical bills to your health insurance company.

As a further penalty, you will be treated as if you selected the limited tort insurance option, so please read our discussion above as to when you can recover for your pain and suffering. There are exceptions to limited tort that may help you.If you have no health insurance, a competent personal injury lawyer may be able to arrange for your doctors to wait to be paid until you get paid for your pain and suffering claim.If you don’t own a motor vehicle, or are uninsured and another operator was at fault, your medical bills will be the responsibility of the other vehicle’s insurance carrier.

Hiring a Personal Injury Lawyer Even if you have an uninsured vehicle, it’s still possible that a competent personal injury lawyer can get you the medical care you require, can get your medical bills paid, and can obtain a recovery for your pain and suffering.

With these complex issues, having an attorney from Anapol Schwartz, P.C. in your corner is the way to go.

Never trust your insurance company or any insurance company to give you all of your options.









Uninsured motorist & underinsured motorist

Why do I need UM and UIM insurance? Uninsured motorist (UM) coverage protects you if you are injured in a car accident and the driver who caused the accident does not have auto liability insurance. You can also purchase Underinsured motor (UIM) coverage which will protect you if you are injured in an accident and the driver responsible does not have enough insurance to totally compensate you for your injuries.

Here in Pennsylvania, our state law requires a driver to carry only $15,000 worth of liability insurance. So, if someone carrying only the minimum $15,000 in liability insurance injures you, your Underinsurance (UIM) coverage would offer protection if your pain and suffering would have a value of more than $15,000.

As a Pennsylvania driver both UM and UIM coverage is optional. Because of financial restraints or lack of education about insurance (and yes, it’s very complex) people may opt not to buy UM or UIM coverage. Before opting not to buy, ask your insurance agent what the price difference is before you agree to give up this important protection. UM and UIM coverage is one of the cheapest, but one of the most important coverages you can carry on your insurance policy.

The other driver was at fault and uninsured. What can I do?If the other driver was at fault and not insured, you may still be able to recover money for your pain and suffering. If the car you drove or any car owned by a relative who resides with you was insured, there may be a benefit available to you under any such insurance policies.

In Pennsylvania, many insured drivers have a benefit known as uninsured motorist coverage, also referred to as UM. This coverage can be a good source of recovery for people injured by an uninsured driver.

Learn more about UM coverage.






http://pacaraccidents.com/accidents/underinsured-motorist-accident/




Police errors in reporting auto accidents:

How to overcome police report mistakes

What can I do if the police say it’s my fault but they’re wrong?Police officers frequently make mistakes. Police officers are under serious time constraints when at the scene of an accident and often have limited training to investigate the cause of an accident. At any given moment they may be called to rush away to another emergency. If you believe that you’re not at fault, contact Jim Ronca. Jim has won many cases that started out with the police blaming Jim’s client an accident.

Do police reports ever get the facts wrong?Yes, see above. Police mistakes happen during the chaos of an auto accident scene. That’s why retaining a savvy and knowledgeable auto accident victim lawyer is so important. Good lawyers go to the scene of the accident. Good lawyers look for witnesses who saw the accident, witnesses who heard the accident, and experts knowledgeable about auto accidents. Good lawyers know how to ask the right questions in order to obtain the right answers.

If you say it’s not your fault, then it’s definitely worth a call to Anapol Schwartz at (800) 682-7490 .

What if the witnesses didn’t see anything?Some of the most important witnesses didn’t see the actual accident. Good lawyers often find witnesses who may not have seen the accident but can testify about other circumstances that they did see which may be just as important. Perhaps they saw the driver talking on a cell phone? Maybe they saw the at fault party drinking shortly before the accident and spin out their tires flying out of a parking lot.

Your insurance company will never fight like this for you. Never forget, anything an insurance company offers you is probably better for them than it is for you.






http://jimronca.com/blame-in-a-car-accident/




Drunk driver caused my injuries.

What are my rights?

Can I sue a bar for serving the drunk driver when he was visibly intoxicated?Suing a bar can be tricky. Many bars are not required to carry insurance for these types of lawsuits. Worse, many bars are worth virtually nothing. Obtaining a judgment against a worthless bar is no real value to the victim. In order to hold a bar responsible for a drunk driving accident in Pennsylvania, the victim has the burden of proving that the bar served the at fault party while they were visibly intoxicated.

When is the best time to gather evidence if you were injured by a DUI driver?The best time to gather this evidence is immediately after a DUI accident when the potential witnesses at the bar saw the at fault driver served alcohol while he was visibly intoxicated. More importantly, these witnesses are usually more cooperative when they are emotional right after an accident. Witnesses tend to lose interest in these types of lawsuits very quickly. While there are other ways to prove that a bartender served alcohol to a visibly intoxicated person, live witnesses who actually saw the intoxicated person being served are best.

Your best bet is to find a lawyer like Jim Ronca who is experienced in representing the victims of drunk driving accidents. You need a lawyer who will act quickly by digging in to investigate a potential case against the bar.

What is the legal limit for driving while intoxicated in Pennsylvania?In February 2006, Pennsylvania reduced the legal blood alcohol limit for driving under the influence of alcohol from .10% to .08%. However, at times, medical testimony can establish that a driver was impaired at a lower blood alcohol level.

In Pennsylvania, Mothers Against Drunk Driving (MADD) is one of the best resources for obtaining the names of attorneys who are well regarded for representing victims of drunk drivers You can reach the Pennsylvania state office of MADD by calling 1-800-848-6233.

Anapol Schwartz, P.C. built its reputation on helping families that were devastated by DUI drivers. How can Pennsylvania Attorney Jim Ronca help you?




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http://pacaraccidents.com




�0 Jim RoncaA GUIDE FOR AUTO ACCIDENT VICTIMS



Can I sue the parents?My 17 year old son was the passenger in a car driven by another drunk teen who became intoxicated while at a party where his parents served them beer under supervision.

Yes, you can sue the parents.

What you describe is known as the social host theory of liability. If the social host knowingly provided alcohol to a minor, or a visibly intoxicated person and that person injured you, you may sue the host over the injuries caused to you, or your loved one.

What are the laws outlining DUI?In the United States, a “dram shop” case is the legal term for a bar, tavern, or wherever alcoholic beverages are sold. The word dram comes from a previous time when alcoholic beverages were sold by the dram or small unit of liquid. Dram shop liability refers to the body of law governing the liability of taverns, liquor stores and other commercial businesses that serve alcoholic beverages.

Dram shop laws establish the liability arising out of the sale of alcohol to visibly intoxicated people or minors who subsequently cause death or injury to third-parties—those not having a relationship to the bar, as a result of alcohol-related car crashes and other accidents.

The dram shop laws are intended to protect the general public from the hazards of irresponsibly serving alcohol to minors and intoxicated patrons.






http://www.anapolschwartz.com/practices/liquor-liability/dramslaw.asp

�� Jim RoncaA GUIDE FOR AUTO ACCIDENT VICTIMS



Accidents Caused by distracted driversMany states, including PA, have bans on texting while driving. Scientific studies conclude that the level of distraction inherent in a texting driver is equivalent to that of a driver under the influence of alcohol or drugs. Text messaging and driving has led to serious and fatal motor vehicle accidents across the nation and attorney Jim Ronca is determined to hold those drivers accountable who choose to place others in danger by text messaging and driving.

Jim Ronca can help any motorist injured in an accident caused by a distracted defendant. Personal injury law is derived from theories of negligence and requires that defendants having breached a duty to an injured plaintiff must compensate that plaintiff for the costs of his or her injuries. An attorney can assist victims injured by a driver who was texting as this conduct is clearly outside the realm of safe and prudent behavior.

If you were recently involved in an auto accident, you may suspect text messaging, or other forms of distracted driving, was involved.

It is often difficult to determine with certainty whether the other driver was in fact distracted by cellular phone use at the time of the accident. By contact an auto accident lawyer, you are taking the first step in commencing your claim and a proper and thorough investigation of the facts will soon follow. Attorney Jim Ronca has been practicing personal injury law for decades and is keenly astute of all changes and updates in personal injury precedent—including recent case holdings as they pertain to text messaging and driving.

Contact Jim Ronca toll free at (800) 682-7490 to find out what steps can you and your loved ones take if harmed by a distracted driver.

End Distracted Driving

Each day, more than 15 people are killed and some 1,200 are injured in crashes that were reported to involve a distracted driver, according to the U.S. Centers for Disease Control and Prevention (CDC). Numerous activities can be considered a driving distraction—such as applying makeup, changing the music station, or texting.

Anapol Schwartz has been influential in its efforts to raise public awareness about safer driving. Joel D. Feldman, Esq., the managing shareholder at Anapol Schwartz, and his wife Dianne Anderson established The Casey Feldman Memorial Foundation in honor of their daughter Casey – a victim of a distracted driving accident, in 2009.

Joel created the website, endDD.org to support efforts to end distracted driving which coordinated efforts to educate over 100,000 students during National Distracted Driving Month in April 2012.

http://www.caseyfeldmanfoundation.org/

http://www.enddd.org/speakers/april-distracted-driving-talks.php

http://www.enddd.org/speakers/april-distracted-driving-talks.php









Damage To My Car:

I owe the bank more than my car insurance company will pay me for my car?

Auto damageInsurance adjusters put a lot of pressure on car accident victims. Insurance adjusters may provide you with a complex document gathered from various databases which purportedly supports their assessment of fair market value. Insurance adjusters may offer you far less than your vehicle is worth. Insurance adjusters may delay the process of paying for your car because they know you are feeling a financial pinch from paying for the car rental yourself. Their goal is to have you be grateful and to take whatever amount they offer you.

Buyer awareness is important: the unfortunate car accident victim has much to contend with. Remember, the manner in which insurance adjusters determine the value of your car is not an exact science. You can do your own comparative research by checking out car values in neighboring states within 100 miles.

Insurance companies will often not offer fair market value for wrecked vehicles. Insurance companies will not consider the salvage value. Insurance companies do not have your best interests in mind.




What if I owe the bank more money than my damaged car is now worth?Often you will end up owing the bank the difference between the amount you owed the bank and the value of the car. Can you make mechanical repairs and forget about the cosmetic repairs? Are you willing to have the repairs made with used parts vs. factory manufactured or OEM parts?

This is why retaining the right attorney is important – your attorney should ensure that you are fully compensated for pain and suffering and the expenses related to your accident and your injuries. This kind of recovery may be multiples of what you lost on your car.

How does the insurance company devalue my car?Insurance companies have no shortage of tricks up their sleeve. Your car may have been in “excellent” condition before an accident, but the adjuster classifies it as “fair” so it’s worth less. Some other common tricks are to ignore those car features that add value to your car such as sunroofs, upgraded radio, sports package vs. luxury package, etc. If you bought your car very recently, you can even get the amount you paid instead of the book value.

What if my car is totaled?In Pennsylvania, if the damage of your vehicle costs more to repair than 80 percent of the vehicle value; your vehicle will be considered “totaled.” The value of a totaled vehicle is determined by averaging the price set forth in the NADA evaluation guide and the Red Book which is used by banks to value cars.

The other driver’s insurance company called me, should I talk to them?No! You must remember that insurance companies are in the business of making money. Look at the skyline of any major city and notice that insurance companies often have the tallest buildings. They make as much or more money than virtually any other major companies! You do not want to talk to those insurance companies without the benefit of an attorney helping you. Remember, they already have attorneys helping them!

The insurance companies are not your friend today or any day. If the adjuster is really nice, beware! The more they get you talking about your car accident, the happier they are and the better it is for them.

You probably have never been in an accident before and for something this serious and important, you should rely on Jim Ronca, a skilled attorney who has dealt with these big powerful insurance companies for many years.

What if my car is not insured? Can I still file a claim? Possibly, yes. The facts differ in every case.

Tell the lawyers at Anapol Schwartz what happened and find out what your legal options are.










Injured while riding a bike or walking as a pedestrian?Bicyclists and pedestrians can suffer serious injuries and fatality from a severe impact with cars, trucks, and buses.

I was bicycling to work when I was hit by a car. Can I sue the driver?Driver negligence is one of the most common causes of bicycle accidents. Drivers of cars, buses, and trucks have a responsibility to share the road with bicyclists. If a driver is driving under the influence of alcohol or distracted by his cell phone, he or she can be held liable for any injuries or other damages they cause to a bicyclist.

Bicycle accidents may also be caused by poor road design, poor bike lane design, traffic signal malfunctions, bad road signage, and negligent traffic safety officers which mean the municipal entity, road maintenance crew, or local traffic officials can be found liable for any injuries or damage that occur.

Another possibility is that a bike accident was caused by a bad bicycle manufac-turing defect or design.All scenarios are taken into consideration by a knowledgeable personal injury lawyer. According to the National Highway Traffic Safety Administration (NHTSA), there were approximately 45,000 bicycle accidents in the United States during 2006. An estimated 44,000 resulted in injury, and more than 700 proved to be fatal.








My mother was crossing the street in a crosswalk when she got struck by a SUV.

What can we do to hold the driver accountable? Pedestrians run down by cars and other motor vehicles may suffer catastrophic injury, including traumatic brain injury, skull fracture, spinal cord injury, amputation injuries, multiple broken bones, or death. Injuries may require extensive rehabilitation to heal and some injuries may recur. Serious injuries mean mounting medical bills and possible loss of income and quality of life.

Driver negligence such as speeding, cell phone distraction, and recklessness is the most common cause of pedestrian accidents. Drivers have a responsibility to yield to a pedestrian’s right of way. If a driver is under the influence of alcohol or any controlled substance or is otherwise distracted, the driver can be held responsible for injuries and damage sustained by a pedestrian.

Anapol Schwartz, P.C. will help get your medical bills paid, even if you don’t have health insurance! You are also entitled to file a claim for pain and suffering and loss of wages if you were injured as a pedestrian.

Pedestrian AccidentsToo many pedestrian accidents happen at dusk or darkness. Other causes of pedestrian accidents include poor road and sidewalk design, traffic signal malfunctions, poor road signage, falling debris, and unsafe construction sites.

In 2006, according to the National Highway Traffic Safety Administration (NHTSA), there were approximately 66,000 pedestrian accidents in the United States. Of those pedestrian accidents, an estimated 61,000 resulted in injury and more than 4,700 pedestrians died.

Tell the lawyers at Anapol Schwartz what happened and find out what your legal options are.






http://www.anapolschwartz.com

http://pacaraccidents.com/accidents/pedestrian-accidents/




When should victims hire an attorney to file a lawsuit for an auto accident?

How soon should I start a lawsuit?After an auto accident, you should hire an attorney quickly. Why? Your lawyer will need to pound the pavement and start asking questions and getting answers from witnesses while their memories are fresh. In many cases, your lawyer should visit the accident scene and compare the police report with what he finds and who he interviews. The longer you wait, the more difficult it is for witnesses to remember the facts of what they saw and heard.

I wasn’t at fault but I’m being sued. What can I do?Just because you’re being sued doesn’t mean you are at fault for an accident. The only thing better than a good defense, is a good offense. It’s not unheard of for the at fault person’s lawyer to sue you because he or she may see it as the best way to defend their client. Find a lawyer who will take control of your case and the other party. In the end – the real victim will prevail.

If you believe the accident wasn’t your fault and we believe it wasn’t your fault; you can counter sue. You can file a claim setting forth the reasons that the other party was at fault.

Can you help me? I was already turned down by another lawyer. Jim Ronca’s legal reputation has been built on taking difficult cases. Many law firms limit their practice to uncomplicated and easy cases. We take a different approach…even if a fight is required.

If we believe we can win your case and ultimately recover money for you – we take your case -- even when another lawyer has turned you down. It’s that simple.

Some lawyers are not well versed in limited tort insurance; they don’t comprehend the ins and outs and all the details and exceptions. Before retaining a lawyer for your personal injury car accident case, be sure to ask whether or not a lawyer is experienced in limited tort insurance cases and knows about limited tort exceptions which are vital to recovery.

Other times a lawyer may not agree with your version of what happened, or accept the police version on its face, or question whether your injuries are actually related to the accident you are contacting them about.

Give us a call at (800) 682-7490. We may see things your way!









Can I afford to hire a personal injury lawyer for my auto accident? Yes. If Jim Ronca decides to take your case and you decide that Anapol Schwartz should represent you – we take your case on a contingency fee basis.

Make sure you hire a law firm who will advance all the costs of your lawsuit—the lawyers’ time, the expert witnesses’ fees, the mountain of paperwork, administrative staff, the court fees, and more. You should pay nothing until you are paid after your case is won.

What is the statute of limitations in PA for filing a personal injury lawsuit? While you should always consult with an attorney in this regard, you generally have two years to file a lawsuit against all parties who you believe were at fault or who you intend to obtain recovery from. You will waive your ability to obtain compensation from parties not sued during this time frame. Once a party is sued, they must also be properly served with the filed Complaint or Writ of Summons. One exception is when injuries were sustained by a minor. Minors have until his or her 20th birthday to properly file and properly serve a Complaint or Writ of Summons against all responsible parties.

If an at fault party is a government employee or agency and the accident occurred within the scope of their employment, an injured party has as little as six months to properly notify that agency or they may be prevented from obtaining a recovery.

The statute of limitations prevents many accident victims from obtaining a recovery for their injuries and losses than any other law in Pennsylvania. In this regard it’s critical that injured parties obtain and consult a qualified attorney.









Auto accident victims’ glossary

Glossary: Here is some terminology used in this auto accident victim resource.

We hope these explanations provide you with a better understanding of how to proceed with your personal injury claim.

Contingency fee – A contingency fee is a method of paying a lawyer for legal representation. Instead of paying hourly or a per job fee, the lawyer receives a percentage of the money that his or her client obtains after settling or winning their case. Contingency fees are used frequently with personal injury cases.

Full tort - Full tort allows a motorist and an insurance policyholder to retain unrestricted rights to bring a lawsuit against the negligent party in an automobile accident.

Limited tort – Limited tort means your rights to sue for certain damages are limited. Yet, there are exceptions that a well-versed personal injury law firm will know how to apply and use to overcome the obstacles of limited tort.

Minimal coverage amount - Most states require you have car insurance and have laws that outline the minimum level of coverage you must buy. In states that don’t, you must prove you have enough assets in case you caused the accident. If you don’t have enough assets, you will be required to buy car insurance.

Yet, the minimum limits your state requires may not be adequate. A car accident can cost far more than the limits mandated by most states. The Insurance Information Institute recommends you carry at least $100,000 of liability bodily injury protection per person and $300,000 per accident (known as 100/300).

We strongly recommend that you pay the small increase in your premium and select the full tort option, and UM/UIM insurance. These will be critical if you wish to protect your family.

NADA – National Auto Dealers Association car price guides similar to Kelly blue book and Edmund’s. This is used to establish a damaged cars value.

No fault - If your state has a no-fault auto insurance law, your policy must pay medical bills for you and your passengers regardless of who caused the accident. No-fault laws are intended to keep insurance fraud down. Pennsylvania is a no fault state.









Auto accident victims’ glossary

OEM – OEM (original equipment manufacturer) is a company which produces products marketed which are repackaged to be sold under the brand of a different company.

Pain and suffering – Pain and suffering has different meanings to different people and different entities. Insurance companies, of course, will try to diminish the value of pain and suffering. In addition to losses associated with physical pain and suffering, your lawyer can ask for loss of consortium, loss of earning capacity, and loss of quality of life. Never sign anything from an insurance company unless you have your lawyer by your side.

Serious impairment – A serious impairment can be another vague legal term, according to the courts. The courts might not consider a herniated disk in the spine to be a serious impairment. However, if it causes you to be unable to perform your job, it may be considered serious enough. A facial scar, loss of limb, paralysis, and most surgeries are enough to be considered a serious impairment.

Tort – A private or civil wrong/injury which has violated your rights, and the law in some states (such as PA and NJ) gives you the right to seek compensation from the party who caused the injuries.

Tort option - You can choose to change your policy at any time (before an accident). You can elect to go from limited tort to full tort or from full tort to limited tort. Because of cost, many policyholders choose to reject full tort, but we strongly recommend against this. It may be better to reduce other benefits on your policy before waiving your right to sue for most injuries as is the case with limited tort.

UIM – is “Underinsured motorist” insurance coverage. UIM coverage is what you purchase to protect yourself from being injured by a party who does not have enough insurance to fully compensate you or a family member for your injuries. UIM coverage is relatively inexpensive. It is usually sold in conjunction with Uninsured Motorist coverage (UM) which is supposed to protect you if you are involved in an accident with a vehicle that either has no insurance, is stolen, or is unidentified ( hit and run).

UM – Uninsured motorist (see above)






�0 Jim RoncaA GUIDE FOR AUTO ACCIDENT VICTIMS



Questions & Answers

For more than 30 years, Pennsylvania Attorney Jim Ronca has helped auto accident victims and their families. We answer hard questions with compassion and understanding. There’s no double talk or lawyer talk.

Here are some of the most frequently asked questions by auto accident victims:

No fault insuranceWhy is my insurance company responsible for the medical bills when the other driver was at fault?

In states like Pennsylvania with no-fault insurance, medical bills are handled by your own insurance company, regardless who caused the accident. So, like health insurance, you are buying medical bill coverage along with your auto insurance policy. The purpose for this law is to allow you to decide how much medical protection you want no matter how much insurance the other driver has in place.

If my car was not insured on the date of the accident, can I still get some benefits?

If the car you drove is owned by you and registered in Pennsylvania but not insured at the time of the accident, Pennsylvania does impose certain penalties on you. Call Anapol Schwartz and one of our attorneys will take the time to understand your circumstances and explore the benefits that may still be available to you.

What is the Pennsylvania Motor Vehicle Financial Responsibility Law?

The Motor Vehicle Financial Responsibility Law, which is known as “MVFRL,” defines your rights when injured in a car accident. Jim Ronca, personal injury lawyer and senior partner at Anapol Schwartz, P.C., will take the time to understand what happened in your car accident and explain how the MVFRL will apply to your situation.

Limited tort and medical bills Can I receive money for my pain and suffering if I have limited tort car insurance?

You chose limited tort on your insurance policy to save a few bucks on your car insurance. Unfortunately, this very small discount may cost you thousands of dollars if it prevents you from recovering money for your pain and suffering. It is important for you to understand that there are exceptions to limited tort and you may still be entitled to a recovery. Call an attorney at Anapol Schwartz, P.C. to see whether we can find a way around your limited tort selection.

What kinds of injuries qualify for compensation even with limited tort coverage?

Injuries sustained in your auto accident must be considered a serious impairment of a significant bodily function. Unfortunately, juries across Pennsylvania are not consistent in the way they decide whether an injury is serious enough to get over this limited tort requirement. Ask Jim Ronca whether he thinks your injury is serious enough to overcome your limited tort insurance if no other exceptions apply.









Can I recover money if I was injured as a passenger in a car with a driver that was related to me and was at fault?

You can still be fully compensated even if your spouse, sibling, or any other relative caused your accident. You purchased insurance to protect you, or any family member, from being injured by any driver, even if that driver is a member of your family. In reality, your case is much more between you and your insurer then it is between you and your family member.

Uninsured motorist and underinsured motoristWhy do I need UM and UIM insurance?

Uninsured motorist (UM) coverage protects you if you are injured in a car accident and the driver who caused the accident does not have auto liability insurance. You may also have purchased Underinsured Motorist (UIM) coverage which will protect you if you are injured in an accident and the driver responsible does not have enough insurance to fully compensate you for your damages.

Police error What can I do if the police say it’s my fault but they’re wrong?

Police officers frequently make mistakes. Police officers are under serious time constraints when at the scene of an accident and often have limited training to investigate the cause of an accident. Jim Ronca has won cases by proving that the police reached the wrong conclusions and recovered millions of dollars for clients as a result. Call Jim and see if he agrees that you are right and the police are wrong.

Drunk driversMy accident was caused by a drunk driver. Can I sue the bar for serving the drunk driver?

In order to hold a bar responsible for a drunk driving accident in Pennsylvania, the victim has the burden of proving that the bar served the at fault drunk driver while they were visibly intoxicated.

My teenage son was badly injured when he and his underage friend were served beer at a party. Parents served the beer. Can we sue the parents?

You can sue the parents under the “social host” liability theory.

Questions & Answers









Questions & Answers

Property damageWhat if I owe the bank more money than my damaged car is now worth?

This is a common occurrence. Call Jim Ronca to make sure you are exhausting every avenue to receive all of the property damage money you are due and that you are looking at every other option available to recover additional money for all of your other losses.

The other driver’s insurance company called me, should I talk to them?

No! Insurance companies make more money than companies in practically any other industry. They are not in the business of helping you. The less they pay you, the more they make. Let your lawyer speak to them for you.

Injured bicyclist, injured pedestrianI was bicycling to work when I was hit by a car. Can I sue the driver?

Driver negligence is one of the most common causes of bicycle accidents. Bicycle accidents may also be caused by poor road design, poor bike lane design, traffic signal malfunctions, bad road signage, and negligent traffic safety officers. Call Jim Ronca to see if you can recover money for the injuries you received in your bicycle accident. Jim will also help get your medical bills paid.

My mother was walking in a crosswalk when she was struck by a car. Can she file a personal injury claim?

Driver negligence such as speeding, cell phone distraction, and recklessness is the most common cause of pedestrian accidents. Drivers have a responsibility to yield to a pedestrian’s right of way.If you were run down by a negligent driver and you were injured, you are due compensation. Even if you don’t have medical insurance available under an auto or health insurance policy, we can get your medical bills paid by the insurance company for the driver who hit you.

Hiring a lawyerHow soon should I hire an Attorney after an accident?

ASAP, your lawyer will need to pound the pavement and start asking questions and getting answers from witnesses.

Can you help me? I was already turned down by another lawyer.

Jim Ronca’s legal reputation was built on taking difficult cases. Call Jim and he’ll tell you over the phone whether he thinks he can help you.

Can I afford to hire a personal injury lawyer for my auto accident? It’s simple. You don’t pay Anapol Schwartz, P.C. unless and until we get you money. If you have NO MONEY, we may be able to assist you in getting a loan to get you through this difficult time....and you won’t pay your loan off unless you receive money from your case.

As an auto accident victim, your world has been turned upside down. There are steps you can take to help turn the wrongs right.







About Jim Ronca, EsquireAt the helm of PACarAccidents.com is Pennsylvania personal injury attorney Jim Ronca, a champion in the fight to help auto accident victims get the help they need now by expertly dealing with the complex blockades and detours presented by insurance companies.

James (Jim) Ronca is a shareholder of the personal injury law firm Anapol Schwartz. For more than 30 years, attorney Jim Ronca has focused his practice on major car and truck accident cases. Jim Ronca was voted one of the Top100 Lawyers in Pennsylvania and was awarded an AV Peer Review Rating by Lexis Nexis Martindale-Hubbell. In 2005 and 2006 Jim was selected by Philadelphia magazine as one of the top 100 lawyers in the entire state of Pennsylvania. No other Central Pennsylvania attorney received this honor. In 2004, he was named a “Super Lawyer” by Philadelphia Magazine, based on a statewide poll of lawyers.

Jim Ronca graduated from Lehigh University with honors and the Dickinson School of Law. Jim is a former President of the Pennsylvania Trial Lawyers Association and former Chair of the Pennsylvania Bar Association’s Civil Litigation Section. He served six years on the Board of Governors of the Association of Trial Lawyers of America and co-chaired that association’s Baycol Litigation Group in 2002 and 2003. In 1998, Mr. Ronca was awarded the Musmanno Award by the Philadelphia Trial Lawyers Association for achievements in his career as an outstanding litigator, fearless leader, and dedicated defender of the rights of the innocent and injured.

Attorney Ronca has presented over 250 individual seminars on numerous legal topics for state and national bar and trial lawyer associations. Jim co-authored the most widely used reference book on automobile personal injury insurance law.

With Jim Ronca by your side, you can be rest assured that you and your family will receive the best possible legal consultancy and care. He and his staff offer support for the many challenges facing you after your devastating car accident. Contact Jim Ronca today for your free legal, no-obligation consultation.




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