Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Tim Rayne

2016 Brandywine Polar Plunge a Great Success

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On February 20, 2016, Tim Rayne carried on a Longwood Rotary Club tradition by participating in the Brandywine Polar Plunge.

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Tim Rayne and Rotary President Bob Listerman

With air temperature a comforatable 50 degress but water temp a chilly 30, Tim waded and then dove into the Brandywine River with a few hundred arguably crazy people.

It was all for a great cause with the proceeds benefiting the Brandywine Red Clay Alliance, a non-profit committing to protecting and preserving Pennsylvania land and waterways. The Longwood Rotary Club alone raised over $1,000 to support the Alliance leading to the Club winning a Golden Plunger Award.

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Tim was supported at the plunge by family and fellow Longwood Rotarians.

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Tim Rayne with son Mac
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Longwood Rotarians – Ron Fenstermacher, Tim Rayne, Andy Jenkins and Bob Kane

Tim Rayne is a Car Accident and Personal Injury Lawyer with the law firm of MacElree Harvey.  For over 20 years, Tim has been helping injured victims of accidents receive fair treatment from insurance companies.  Tim has offices in Kennett Square and West Chester, Pennsylvania and can be reached at 610 840 0124 or trayne@macelree.com.  Tim is a long time member and President Elect of the Longwood Rotary Club.

 

 

What Should I Do if My Spouse Causes a Car Accident and Injures Me?

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If you’ve been injured in a car accident in Pennsylvania caused by your spouse, I can predict that bringing an insurance claim or lawsuit against your spouse will not be the first thought running through your head.  In fact, the thought might never cross your mind.  Nevertheless, the car insurance policy your spouse purchased and paid for is designed to protect him or her from all legal claims, even claims from a spouse or other family member.

In Pennsylvania, there is no such thing as Spousal Immunity in car accident cases or a special law or insurance exclusion prohibiting car accident injury claims between spouses.  In reality, you’d be surprised to learn how often in my car accident and personal injury practice that I’ve had to advise one spouse about her or her legal claims against the other after a car crash.

The scenario is all too common.  Spouses are riding in the car, with one as driver and the other as passenger when something goes wrong.  The driving spouse causes a rear end accident, or runs a red light or stop sign, or is distracted while texting and causes a collision.  The passenger spouse is injured and needs medical treatment.  The injured passenger loses wages, incurs out-of-pocket expenses, suffers from pain and a restriction of activities.

Although it may seem a bit awkward, the passenger spouse has a legal claim against the driver spouse and really should consult with a car accident lawyer to learn his or her legal rights.  In Pennsylvania, an insurance claim can be brought for fair compensation to make up for medical bills, lost wages, out-of-pocket expenses, pain and suffering and disability.  The insurance company for the driver spouse has an obligation to fairly evaluate and pay the claim up to the amount of liability coverage.

In the spouse versus spouse cases I’ve handled, it takes a while for each spouse to understand that this is by no means improper, unethical or illegal.  I’m not one of those kinds of lawyers.  Instead, it’s a valid and legitimate legal claim that should be handled properly and professionally.

In my experience, these spouse versus spouse claims can usually be settled fairly and reasonably without litigation or trial.

Of course, it’s always the injured spouse’s right to decline to make a claim against the driver spouse.  However, isn’t that why you bought insurance in the first place, namely to make sure that if you or your spouse made a mistake and hurt someone the insurance company would make it right and protect you regardless of who you hurt???

Tim Rayne is a Pennsylvania Car Accident Lawyer with offices in Kennett Square and West Chester, Pennsylvania.  For over 20 years, Tim has been helping injured victims of car accidents receive fair treatment from insurance companies.  Contact Tim at 610 840 0124 or trayne@macelree.com for a free review of your case.  

 

Deadly 60 Plus Pile Up Accident on Pennsylvania Highway

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On Saturday February 13, 2016 a deadly 60 plus vehicle accident occurred on Pennsylvania Highway 78.  White out snow squall conditions led to near zero visibility and a pile up crash involving dozens of cars, trucks and tractor trailers.

According to officials, over 70 people were injured and there are also multiple fatalities caused by the traffic accident. The injured were transorted to multiple local hospitals.

These pile ups are all too common in harsh winter weather.  They underscore the importance of cautious driving especially during winter storms.  Snow and ice reduce visibility and stopping distances making winter highway travel treacherous in states like Pennsylvania.

Brandywine Polar Plunge on February 20, 2016

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As incoming President of the Longwood Rotary Club, Tim Rayne will be continuing the club’s tradition of taking the Polar Plunge into the Brandywine River as a participant in the Brandywine Red Clay Alliance 2016 Polar Plunge.

The event will be held at the Brandywine Picnic Partk on February 20, 2016 with registration 10 to 11, costume awards at 11:15 and the Plunge into the Brandywine River at 11:30.

Registration fees are $35 and $25 for students.  Participants are encouraged to form teams and raise money.

Proceeds benefit the Brandywine Red Clay Alliance which protects and conserves the natural resources of the Brandywine and Red Clay Valleys.  Since 2008, nearly 1,200 people have taken the Plunge and raised over $100,000.

It’s looks like it’ll be about 50 degrees at plunge time.  See you there!!!!

Can a Pennsylvania Car Accident Lawyer Represent Both a Driver and Passenger?

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Pennsylvania car accidents often involve multiple injured people, both drivers and passengers in a car.  In such cases, the issue can arise as to whether a single lawyer can represent both a driver and a passenger.  The answer is that sometimes it’s possible but other times there can be a conflict of interest that probibits dual representation.

Conflict of interest is a big no no for lawyers.  We have a duty of loyalty to our clients and can’t be involved in representing clients that have interests which are divergent.  In a car accident case, representing a driver and passenger for personal injuries can be problematic for two reasons.  First, the driver may have been partially responsible for causing the accident.  If so, then the passenger has a legal claim against the driver which creates a conflict of interest.  Second, even if the driver was not at fault and the other driver was completely responsible, if the other driver has limited insurance to compensate the injured parties, then a conflict of interest can arise because there will be a fight over limited funds in the case.

Representing a driver and passenger can be done when the driver was clearly not at fault (like with a rear end collision) and when there is plenty of insurance coverage.  In such a case, the driver and passenger need to be informed of the conflict of interest issue and can agree to waive the conflict and let the lawyer represent both of them.

In my Pennsylvania Car Accident practice, there have been many times that I have had to turn down representing both a driver and passenger, but there have also been cases in which I have represented whole families who have been injured in a car accident.

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For more information on Pennsylvania Car Accident or Conflict of Interest issues, contact Tim Rayne at trayne@macelree.com or 610 840 0124.  For over 20 years, Tim has been helping victims of car accidents in Pennsylvania receive fair treatment from insurance companies either through settlement or trial.  Tim has offices in Kennett Square and West Chester, Pennsylvania.  

What are the Pennsylvania Limited Tort Exceptions?

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When you purchase car insurance in Pennsylvania you have to choose Full Tort or Limited Tort. Full Tort costs more, but your full legal rights are protected if you are injured in a car accident caused by someone else. You can recover Economic Damages for Medical Bills, Lost Wages and Out-of-Pocket Expenses and Non-Economic Damages for Pain and Suffering and the negative impact on your life and activities. If you select Limited Tort, you save money on your premiums, but in exchange, you give up your right to make a claim for Non-Economic Damages if you are injured in a car accident unless a Limited Tort Exception applies.

Pennsylvania Limited Tort Exceptions

Even if you select Limited Tort, there is a chance that you can still recover Non-Economic Damages if an Exception applies.

The following are the Pennsylvania Limited Tort Exceptions:

1- Serious Injury – If you suffer a “Serious Injury” which is defined as Death, Permanent Serious Disfigurement, or Serious Impairment of a Bodily Function, then Full Tort applies and you can recover Non-Economic Damages.

2- Pedestrians, Motorcyle or Bicycle Riders – Limited Tort doesn’t apply to pedestrians, motorcycle or bicycle riders.

3- Occupant of a non-private passenger motor vehicle – Limited Tort doesn’t apply if you are injured in a commercial vehicle, like a bus, taxi or commercial truck.

4-  Drunk Drivers – Limited Tort does not apply if the driver who injured you pleads guilty or is convicted of drunk driving.

5- Intentional Acts – If a driver intended to cause the crash, then Limited Tort does not apply.

6- Uninsured Driver – If the person who caused the car accident has no insurance, then Limited Tort does not apply.

7- Out-of-State Registered Car  – If the other driver was driving a car registered outside of Pennsylvania, then Limited Tort does not apply.

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Pennsylvania Car Accident Lawyer Tim Rayne

For more information on Pennsylvania car insurance choices or for advice after a Pennsylvania car accident contact Pennsylvania Car Accident Lawyer  Tim Rayne at trayne@macelree.com or 610 840 0124.  For over 20 years, Tim has been helping injured car accident victims receive fair treatment from insurance companies.