Copyright © KWAK LAW FIRM 
796 North Pennsylvania Avenue, Wilkes-Barre, PA  18705
Phone: (570) 825-7070     Fax: (570) 825-7773

​If you don't know your rights - you can't fight for them.

KWAK LAW FIRM


​AUTO/VEHICLE ACCIDENTS

 

Most people pay little to no attention to their auto insurance policies until an accident forces them realize what coverages they
have or have not selected.  Most people either have had the same policy coverage since they started driving or have
just let their insurance agent make their selections for them.

 

KNOWLEDGE IS POWER

 

Because that is our philosophy at the Kwak Law Firm, below you will find a quick synopsis of the current Pennsylvania Auto Insurance Laws. You need to understand the Auto Insurance Laws in Pennsylvania in order to make an informed decision as to the coverage you should have to protect yourself and to provide yourself coverage for the maximum compensation for injuries and damages should you be involved in an auto accident.

 

PENNSYLVANIA AUTO LAW AND YOUR POLICY CHOICES

 

Pennsylvania is one of a very few states that uses something called "choice no fault" rules. This essentially means that you can with opt in or opt out of "no fault" coverage.  The catch is you have to do this when you buy your auto insurance; you can't do it after the
auto accident happened.

 

Pennsylvania law requires that you be provided with two options when buying vehicle insurance:

 

  • FULL TORT.  This selection essentially means that your "opting out" of the no fault system.  With this selection, you have full legal rights and can recover economic as well as non-economic damages regardless of the severity of your injuries.

 

  • LIMITED TORT. This selection means that you are "opting in" to the no-fault system.  With this selection, you cannot file a lawsuit in most auto accident situations.  Instead, you will be limited to making a claim with your insurance carrier.  This claim will cover your medical bills up to the amount of coverage you purchased.  It may pay your wage loss if the auto accident injury caused you to miss work, again if you also purchased that coverage. However, it will not allow you to obtain any compensation for pain and suffering or for emotional distress, even if the other party was 100 percent at fault, unless your case falls into of very limited array of exceptions to the no fault rules.  Limited tort coverage allows you to save some money on your policy premiums.  However, should you be in an auto accident, you have limited your right to collect damages from the other party.

 

Likewise, when purchasing your policy, you will be asked to make other choices including:

 

  • LIABILITY COVERAGE. This is mandatory coverage for bodily injury claims.  The state minimum coverage is $15,000 per individual and $30,000 per accident. Higher limits can be purchased to protect your assets.

 

  • FIRST PARTY (PIP) COVERAGE. This is also mandatory coverage.  This is basic no-fault medical insurance for your medical bills.  The state minimum is $5,000. Higher limits can be purchased.  Once the purchased coverage is exhausted your medical treatment will fall under your private healthcare until and unless you are able recover from the other party.  At that point, your private health insurance may ask to be repaid the medical treatment which the covered. This is called Subrogation.

 

  • COLLISION COVERAGE.  This is an optional coverage. This pays for the damage to your vehicle and you will be asked to choice your deductible amount.

 

  • COMPREHENSIVE COVERAGE. This is an optional coverage. This pays for protection if vehicle stolen or damaged in a variety of ways other than an accident with another vehicle. You will be asked to make a deductible choice for this coverage.

 

  • UNINSURED/UNDERINSURED MOTORIST (UIM) COVERAGE.  This is an optional coverage. Coverage only applies if you are injured, you were not at fault, and the other party did not carry enough insurance to adequately compensate you for injuries.  This coverage usually comes in to play, when the other party only purchased the state minimum bodily injury coverage of 15,000/30,000.

 

All of these choices have an impact of your potential claim when an accident occurs.

 

The Kwak Law Firm, can review your current insurance policy with you to explain the choice you have made and explain the impact of those choices regarding a possible accident. Contact our office to schedule this free consultation.

 

YOU HAVE HAD AN ACCIDENT

 

Obviously, notify the police that you were in an accident while still at the scene and seek medical treatment for your injuries.  Your well-being and the well-being of any of your passengers should be your first priority.


We would suggest that you do not give a recorded statement to an insurance representative, including your insurance company without
consulting with an experienced auto accident attorney.

 

The Kwak Law Firm can help you obtain the compensation you deserve and are entitled to under your policy selections at outline above and based upon the policy of the other party.

 

This compensation can be obtained under three types or levels of coverage:

 

1.     FIRST PARTY (PIP) COVERAGE.  This is from your insurance carrier as discussed above based upon your coverage selections.

 

2.     THIRD PARTY COVERAGE.  This is based upon the insurance coverage that was purchased by the other party.

 

3.     UNINSURED/UNDERINSURED (UIM) COVERAGE. This is an optional coverage, which may or may not apply to you case.

 

OUR LEGAL TEAM

 

The Kwak Law Firm has a staff of highly qualified paralegal to assist in successfully resolving your case.

 

We are a very progressive office, and most of our paralegals work from home, though rests assure, each of our staff have years of legal
experience.

 

In today's day and age, it is not necessary for qualified employees to travel to the office to sit at their assigned desk or office.

 

All of our paralegals are available to our clients via direct dial numbers and/or email.

 

Additionally, though your case is always a team effort, you will be assigned one of our qualified paralegals as your personal contact
regarding your case.

 

OVERVIEW

 

As you can see from this quick overview, navigating through the various layers of insurance after an auto accident can be complicated and not an easy process if you do not have the knowledge of your rights and responsibilities.

 

In closing, it is very important, in any auto accident claim, or in anything else in life, DO NOT sign any document that you do not
fully and completely understand.

 

Likewise

 

1.     You should ALWAYS verify everything told to you by an insurance adjuster with a qualified, experienced auto accident attorney.

 

2.     You should ALWAYS have any/all auto accident documents reviewed by a qualified, experienced auto accident attorney.

 

CONTACT OUR OFFICE FOR A FREE CONSULTATION

 

EVENING, WEEKEND AND HOME APPOINTMENT ARE AVAILABLE

AT THE DISCRETION OF THE ATTORNEY

 

IF YOU DON'T KNOW YOUR RIGHTS

YOU CAN'T FIGHT FOR THEM

and

KNOWLEDGE IS POWER