FREQUENTLY ASKED QUESTIONS

What should I do immediately after an accident?
Call us immediately and do not speak to anyone about the accident, including your own insurance company before speaking to us.

What rights do I have to a recovery if I am injured through the fault of another in an auto accident or the negligence of a medical provider?
Generally, you have a right to recover your monetary and non-monetary losses; however, if you are injured in an auto accident, your recovery may be dependent, in part, upon the type of auto insurance and coverage that you or the at-fault driver selected.

What is the difference between full tort and limited tort?
For Pennsylvania drivers, Full Tort coverage provides an unlimited right to recover for all of your injuries and damages if you are injured in an auto accident through the fault of another. Limited Tort, on the other hand, limits your right to recover for all your injuries and damages unless you have what is determined to be a "serious" injury or in the event that certain circumstances exist which allow you to recover for all your damages regardless of the type of coverage that you selected.

For New Jersey drivers, there are similar differences as far as coverage selection and limitations on your right to sue with a "Zero Threshold" policy providing an unlimited right to recovery and a "Verbal Threshold" policy providing a limited right to recovery.

Can I recover if I am injured through the fault of an uninsured motorist or an unidentified hit and run vehicle?
It depends. Generally, if you or the vehicle that you were driving have Uninsured Motorist coverage, then you can make a claim. In certain instances, you may qualify for Uninsured Motorist coverage through a state funded plan.

Who is responsible for my medical bills?
The Pennsylvania Financial Responsibility Law dictates the order of responsibility for your medical bills. Generally, if you were in the course and scope of your employment at the time of accident, your employer's workers' compensation should cover your bills. Otherwise, your own carrier must provide primary coverage, followed by the coverage of any relative that you may reside with. In certain circumstances, you may qualify for Medical Benefits through a state funded plan.

Will my insurance rates increase if I make a claim on my own policy for payment of my medical bills or for uninsured or underinsured motorist benefits?
No. At a minimum, you should have at least $5,000.00 worth of medical expense benefits, the actual amount can be determined by reviewing the Declarations page of your insurance policy. Please don't be afraid to use these benefits since it will have no effect on your insurance rates. All you need to do is give your doctors the insurance claim number that your insurance company gives you and the doctors will submit their bills directly to your insurance company. You should not use any other medical benefits until you have exhausted your auto insurance benefits.

Who will pay for my car repairs?
The quickest and easiest way to get your car repaired is generally to go through your own insurance company if you have collision coverage on your policy. You will; however, be required to pay any deductible.

If the other driver is truly at fault and has insurance, then you may also attempt to have your car repaired by filing a property damage claim with the responsible driver's insurance company. The other insurance company will only pay for your repairs if it concedes that its insured driver was at fault. You will not have to pay a deductible; however, this process may take some time since the other insurance company may not necessarily agree to pay the full cost of the repairs and may not agree that its driver was at fault.

What if I did not have my seatbelt on at the time of accident?
First and foremost, you should always wear your seatbelt; however, if you did not have it on at the time of an accident in Pennsylvania, you will not be penalized and the fact that you were not wearing a belt is not admissible in court.

On the contrary, in New Jersey, you will likely be prevented from any recovery if you did not have your seatbelt on at the time of the accident.
The Ginsburg Law Firm | Lawyers specializing in personal injury, automobile accidents, medical malpractice and death claims | Attorneys serving Philadelphia PA, Flourtown PA, Moorestown, NJ

The Ginsburg Law Firm | Lawyers specializing in personal injury, automobile accidents, medical malpractice and death claims | Attorneys serving Philadelphia PA, Flourtown PA, Moorestown, NJ

Pennsylvania Office Locations
1461 Bethlehem Pike
Flourtown, PA 19031

92 Bethlehem Pike
Philadelphia, PA 19118

Tel: (215) 381-9292
Fax: (215) 381-9294


New Jersey Office Location
113 S. 20th Street
Longport, NJ 08403

Tel: (856) 596-8733
Fax: (856) 206-9794