Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Pennsylvania car accident attorney

The Worst Thing You Can Sign After a Pennsylvania Car Accident

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The worst thing you can sign after a Pennsylvania Car Accident is a Release.  If you are injured in a car accident and deal directly with the Insurance Adjuster for the driver responsible for causing the accident, the Adjuster will likely offer you money for your claim.  But, in exchange for the money, the Adjuster will require that you sign a Release.

What is a Release?

A Release is a legal contract between you and the responsible driver that provides that, in exchange for the money paid to you by the Insurance Company, you are giving up (or Releasing) any and all claims for compensation for injuries or damages from the accident.

Does the Release have to go through a lawyer?

No, the Release does not have to come from an Insurance lawyer and go through your lawyer.  In fact, I see it all of the time in my practice that the Injurance Adjuster for the responsible driver will contact the injured accident victim directly, or even show up at the person’s house, to ask about injuries, make a settlement offer and present a Release to be signed.

I once had a prospective client tell me that the adjuster showed up at his home just a few days after the Car Accident to offer less that $1,000 and present a Release.

Is a Release Binding and Enforceable?

Releases are almost always binding and legally enforceable.  With very few exceptions, it does not matter whether you read the Release or understood it, or whether you had a Car Accident Lawyer review it or not, Releases are enforceable.

You received the money and, in exchange, your claims are extinguished.

What if the Release terms are Unfair?

Even if the compensation is not even close to being fair, the Release is usually enforceable.

What’s Wrong with Dealing with the Insurance Adjuster Directly?

Injured victims of Car Accidents often wonder whether they should deal directly with the Car Insurance Adjuster directly or hire a Car Accident Lawyer.  They worry about how to find a lawyer,  the cost of a lawyer, whether they would be better off dealing with the claim directly or just don’t know what to do.

In my experience representing injured victims of Car Accidents, I have found that, with the exception of very minor accidents, it’s advisable for victims to get the advice of a Car Accident Lawyer rather than talk directly to the Adjuster or sign anything, most importantly a Release.

The goal of the Adjuster is to settle the claim as quickly and cheaply as possible.

The goal of the Car Accident victim is to understand his or her rights and to receive Fair Compensation, not just a token from the insurance company.

Those two goals do not match up.  In fact, they are opposites.

What Can a Car Accident Lawyer Do?

A Car Accident Lawyer can explain to the victim all compensation available (medical bills, out-of-pocket costs, lost income, money for Pain and Suffering and Disability etc.).

Car Accident Lawyer will remind the victim that injuries can get worse, not better over time, which is why signing a Release too early can be a big mistake.

A Car Accident Lawyer is experienced in calculating the fair value of the case and in negotiating the best settlement of the case or litigating the case to a fair resolution in Court.

A Car Accident Lawyer will explain that there is no great rush or short time limit for settling the claim.  In Pennsylvania, in almost all cases, the only time limit for filing the claim in court is the two year Statute of Limitations.

What Does it Cost to Hire a Car Accident Lawyer?

Car Accident Lawyers offer Free Consultations.  They also take Car Accident Cases on a Contigent Fee Basis, which means that the Fee is contingent on a successful settlement or verdict at trial.  If no money is paid by the Insurance Company, then there is no Fee.

The fee and expenses of the Lawyer are paid out of the money received from the Insurance Company so the victim has no up front cost or financial risk in hiring the lawyer.

Don’t Sign that Release, Get Free Legal Advice First!

So, if you or a family member are injured in a Car Accident and the Adjuster offers money and asks you to sign a Release, avoid the temptation to accept and sign.

Instead, take the time to find and consult with an expertienced Car Accident Lawyer so you don’t make a mistake that you can’t fix and may regret in the future.

Tim Rayne is a Pennsylvania Car Accident Lawyer with law offices in Kennett Square and West Chester.  For over 20 years, Tim has been helping injured victims of Car Accidents understand their legal rights and receive fair compensation from insurance companies.  Contact Tim at 6108400124 or trayne@macelree.com to discuss your legal rights after being injured in a Car Accident.

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No Underinsured Coverage? Check for Signed Waivers…

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For years, I’ve been preaching about the critical importance of purchasing Uninsured and Underinsured Motorist Coverage on your Pennsylvania Car Insurance to protect yourself and your family if you’ve been injured in a Pennsylvania Car Accident.  If you are one of my regular readers, you know why and can skip to the second section of this article to learn about Waiver forms. If you are not and don’t know what Uninsured/Underinsured Coverage is please keep reading.

What is Uninsured and Underinsured Motorist Coverage?

Uninsured/Underinsured Motorist Coverage is insurance you buy in your Pennsylvania car insurance policy that protects you from irresponsible drivers.  It makes sure that regardless of whether a driver who causes and accident and injures you or or family member has car insurance to cover all of the damages, you will be protected by your own car insurance policy.  If you buy Uninsured/Underinsured coverage, then after an accident you can seek compensation for your injuries and damages, like medical bills, lost wages and compensation for pain and suffering and disability.  Depending on what coverage you pay for, you can be covered from as low as $15,000 to as high as a Million Dollars or more.  Because there are many drivers in Pennsylvania with little or no liability coverage, it’s critical to protect yourself and your family with Uninsured and Underinsured Coverage.

What Happens if I Don’t have Uninsured/Underinsured Motorist Coverage?

If you don’t have Uninsured/Underinsured coverage on your Pennsylvania Car Insurance Policy and you or a family member is injured in an accident caused by another driver with little or no car insurance then you may be out of luck.  You can make a legal claim for compensation against the other driver, but will have a hard time collecting, unless the person is rich and has indivdual, not jointly held assets.

Improper Waiver Forms Can Save You….

Nevertheless, there’s still a glimmer of hope.  Even if you didn’t purchase Uninsured/Underinsured Coverage you may still be covered.  How, you ask?  There is a potential loop hole…. improper Waiver Forms.

Insurance companies are reequired to inform policy holders of their rights to buy Uninsured/Underinsured Coverage even though it’s optional coverage.  They are also required to have policy holders who reject the right to purchase the coverage to sign Waiver forms which prove they were offered the opportunity to buy it.  Pennsylvania Insurance law clearly provides that if these Waiver forms are not signed by the policy holder and kept on record by the insurance agent, then the policy holder his deemed to have improperly rejected the coverage and their insurance policy is automatically reformed to provide Uninsured/Underinsured Coverage equal to the Liability Coveage on the policy.  So, someone having Liability Limits of $100,000 would have $100,000 in Uninsured and Underinsured Coverage if the insurance company cannot produce proper Waiver forms.

I recently had this very thing happen to a client.  She was injured by someone with just $15,000 of Liability Coverage and the Declaration Page for her car insurance provided that she had $100,000 of Liability Coverage and no Uninsured and Underinsured Coverage was listed.  Because my client’s injuries were serious, I demanded that her insurance company provide the Waiver forms.  When their forms did not comply with Pennsylvania law, I demanded that they provide Underinsured coverage in the amount of $100,000.  At first, the insurance company refused, but after I threatened them with Bad Faith, they reconsidered and agreed that they were obligated to provide coverage because of the defective Waiver forms.

So, the lesson to be learned is to be sure that you buy Uninsured/Underinsured Coverage, and, even if it’s not listed on your Policy, be sure to have your Car Accident Lawyer ask for the Waiver forms because there’s still a chance that you may still  be entitled to coverage.

Tim Rayne is  Pennsylvania Car Accident Lawyer with the law firm of MacElree Harvey.  Tim has offices in Kennett Square and West Chester in Chester County, Pennsylvania.  Tim helps advise clients about Pennsylvania Car Insurance choices and represents 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 Pennsylvania Car Injurance Policy or for Free Advice after a car accident.  Click here to download a Free Book, A Lawyer’s Guide to Purchasing Car Insurance.

Three Things To Bring To Your First Appointment With a Pennsylvania Car Accident Lawyer

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Tim Rayne Pennsylvania Car Accident Lawyer
Tim Rayne – Pennsylvania Car Accident Lawyer

Based on my experience for over 20 years as a Pennsylvania Car Accident and Personal Injury Lawyer, there are three things that a car accident victim should bring to the first appointment with a Pennsylvania Car Accident Lawyer:  the Police Report, Car and Health Insurance Information and a List of Medical Providers.  These documents will assist a Car Accident Lawyer in advising you on your legal rights and how to proceed.

Police Report

The Police Report educates the attorney on the facts of the accident, identifies the drivers and also lists potential witnesses.  The Police Report helps a Car Accident Lawyer begin investigating the case and provides the insurance information for the other driver so that the insurance company can be contacted.

Car and Health Insurance Information

Having Car and Health Insurance Information allows a Car Accident Lawyer to advise the potential client on who will pay for medical bills and lost wages and whether or not there will be any issues recovering other compensation due to Limited Tort.  An experienced Pennsylvania Car Accident Lawyer will also want to know whether a potential client is covered by Uninsured or Underinsured coverage in case the other driver has insufficient car insurance to provide fair compensation.

List of Medical Providers

In order to evaluate the value of your Pennsylvania Car Accident Case, a Car Accident Lawyer needs to review your medical records and bills and needs to know if you had any prior injuries.  So, one of the things you should bring to your first appointment is a List of Medical Providers.

Tim Rayne is a Pennsylvania Car Accident Lawyer with offices in Chester County in Kennett Square and West Chester.  For 20 years, Tim has been helping Pennsylvania Car Accident victims understand their legal rights and receive fair treatment from car insurance companies.  Tim has extensive experience negotiating Pennsylvania Car Accident settlements with insurance companies and trying Car Accident cases in court in Pennsylvania.  Tim has been named a Top 100 Attorney in Philadelphia and Pennsylvania by Super Lawyers.  Tim has a Masters Degree and is Board Certified in Trial Advocacy.  Contact Tim at 610 840 0124 or trayne@macelree.com or check out Tim’s website at https://timraynelaw.com.

What is “Fair Compensation” in a Pennsylvania Insurance Claim or Lawsuit After a Pennsylvania Car Accident?

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Chester County Car Accident Lawyer
Chester County Pennsylvania Courthouse

As a Pennsylvania Personal Injury Lawyer representing Car Accident victims inside and outside of Chester County, one of the most common questions I hear is “How much compensation am I entitled to because of the injuries from my car accident?”  The answer is, it depends.

First, in order to have a valid legal claim for Negligence after a Pennsylvania Car Accident, we need to prove that the other party caused the accident and you sustained injuries and damages in the collision.  Assuming that both can be proven, then the amount of compensation you are entitled to depends on the severity of your injuries and damages and how they impact your life.

Under Pennsylvania law, a car accident victim is entitled to fair compensation to make up for every way in which the collision negatively impacted their life.  Elements of compensation include past and future medical bills, lost wages and other out-of-pocket expenses as well as non-economic damages which fall under several categories, including physical and emotional pain and suffering, embarrassment and humiliation, scarring and disfigurement and loss of life’s pleasures  (which is the negative impact that the accident has on your life and acitivities.)

In a car accident insurance claim, a Car Accident Attorney will attempt to negotiate a favorable settlement for the client, obtaining an offer of as much compensation as is possible given the injuries and damages sustained by the client.  If a fair and reasonable settlement cannot be negotiated, a Lawsuit will need to be filed.

A Lawsuit can also lead to a settlement or can result in a Trial at which a Jury will reach a Verdict deciding what is fair compensation.  An experienced Car Accident Attorney will use the testimony of the injured party, family, friends, medical providers and other witnesses to tell the story of the case to the Jury to maximize the Verdict.

For more information on how to value a Pennsylvania Car Accident Case or get fair treatment from the insurance companies after a Pennsylvania Car Crash, contact Chester County Car Accident Attorney Tim Rayne at 610 840 0124 or trayne@macelree.com or check out his website at https://timraynelaw.com.  Tim has Chester County Pennsylvania law offices in West Chester and Kennett Square.  Tim is Board Certified in Trial Advocacy and has been named a Top 100 Lawyer in Philadelphia and Pennsylvania by Super Lawyers Magazine.  

Pennsylvania Superior Court Decides Valet Has No Negligent Entrustment Liability to Preven Drunk Driving

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In the case of Moranko v. Downs Racing, LP, the Superior Court of Pennsylvania issued a decision on June 10, 2015 holding that a valet had no duty to prevent an intoxicated driver from driving his car.

The lawsuit alleged that Moranko had consumed copious amounts of alcohol at the Mohegan Sun Casino and retreived and drove his car from the casino valet services and was allowed to drive off despite being visibly intoxicated.  Moranko then crashed his car and died.

Moranko’s family sued the Casino, alleging in part that the valet services had a duty to prevent him from driving while intoxicated.

The Superior Court affirmed the Trial Court’s decision which dismissed the lawsuit.  The Superior Court reasoned that the valet had a duty to return the car to its owner and had no legal right let alone an obligation to prevent Moranko from driving.

The Court’s decision is similar to that of the Pennsylvania Supreme Court that held in 1983 in the case of Congini v. Portersville Valve Company that a social host who had no right of control over an intoxicated guest’s vehicle could not be held liable when the guest drove drunk.

Here is a link to the Moranko v. Downs Racing, LP opinion.

http://www.pacourts.us/assets/opinions/Superior/out/J-E04005-14o%20-%201022448774865855.pdf?cb=1%20

Although the Court found no liability on the part of the valet in this case, there can be liability under the theory of Negligent Entrustment when an owner of a vehicle allows someone to drive the vehicle who he or she knows or should know is incapable of safe driving.  Negligent Entrustment becomes a viable legal claim in a situation where the owner of a car lends the car to someone who is drunk.  If the driver crashes and causes injury or death, Pennsylvania law provides that both the driver and the owner of the car can be found legally liable.

Tim Rayne is a Pennsylvania Car Accident and Personal Injury attorney who has offices in Chester County in West Chester and Kennett Square Pennsylvania.  Contact Tim at 610 840 0124 or trayne@macleree.com or check out Tim’s website at http:/www.timraynelaw.com.

 

What to Do Next After Being Injured in a Pennsylvania Car Accident?

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Pennsylvania Car Accident Cases

There are 3 things you should do as soon as possible after being injured in a Pennsylvania car accident:  Seek Medical Attention, Contact Your Car Insurance Company and Consult with an Experienced Car Accident Lawyer.

Seek Medical Attention –  

Even if you think you only have minor injuries, it’s wise to get checked out at the Emergency Room, your Family Doctor or an Urgent Care Center as soon as possible after a car crash.  Your car insurance will pay for the visit with no co-pay or deductible.

Contact Your Car Insurance Company –

It’s important that you notify your Car Insurance Company immediately after the accident.  They will help get your car fixed, set up a claim for your medical bills and advise you as to whether you have lost wage coverage on your car insurance policy.

Consult with an Experienced Car Accident Attorney –

Finally, you should consult with an Experienced Pennsylvania Car Accident Lawyer as soon as possible after being injured in a car crash.  You should get advice on your legal rights and what you should and should not do.  You should learn about your rights to compensation before talking to or dealing with the insurance adjuster for the other driver.  An Experienced Pennsylvania Car Accident Attorney will provide you with valuable advice and guidance to protect you and your family.

Tim Rayne is a Pennsylvania Car Accident and Personal Injury Attorney with the Chester County law Firm MacElree Harvey, Ltd.  For over 20 years Tim has been helping Pennsylvania Car Accident Victims understand their legal rights and recieve fair compensation from insurance companies.  Tim has offices in Kennett Square and West Chester but also meets clients in their homes or other convenient locations and offers Free Consultations.  Contact Tim at 610 840 0124 or trayne@macelree.com or check out his website at https://timraynelaw.com.