Settlement Money From Car Accident – The following information details some of the key factors surrounding how much a car accident settlement is and what the average payout for a car accident is. If you’ve been in a collision, you probably have a lot of questions – especially if you’ve been injured or have damage. A common question we are asked by potential clients who have been injured in car accidents is, “How much can the typical car accident payout be?” The answer to this question depends on many different factors. Read on to learn more. The At-Fault Driver’s Insurance Before you assess how much compensation for a car accident, there are things to know. You have a legal right to sue the driver for the personal injuries caused by the crash, including the aggravation of pre-existing injuries. Most states do not allow you to sue the insurance company directly. If the at-fault driver or the owner of the car has auto insurance, that auto insurance coverage should pay for personal injury claims and property damage caused by the accident. However, every car insurance policy has limits, which is the maximum amount that an insurance company will pay for certain damages from an accident. Drivers pay for this limit with their premiums. Liability insurance How much compensation for car accidents depends on the insurance policy of the affected parties. If you were involved in a car accident and the other driver was at fault, the driver’s liability insurance would cover your damages. However, as mentioned above, there are often limits on a driver’s liability policy. For example, Pennsylvania only requires liability insurance minimums as follows: source $15,000 for injury or death of one person in an accident $30,000 for injury or death of more than one person in an accident $5,000 for damage to property of another person Using the car accident compensation examples above, even if you are a car accident victim and are seriously injured, the at-fault driver’s insurance company may only be required to pay you $15,000 for your injuries. Remember, these are only the minimum limits and many drivers carry more coverage. But insurance limits are an important concept when evaluating a car accident. Tort Full tort and limited tort refer to the ability to sue for pain and suffering damages after a car accident in Pennsylvania. Limited tort coverage provides less ability to sue for damages sustained in a collision. Limited tort is often more affordable than full tort insurance. Let’s explore the pros and cons of full tort and limited tort coverage in detail. Full Fault: This is a traditional liability option that gives a driver the ability to sue for both economic and non-economic damages, regardless of the severity of the injuries. This means that you can always come back for pain and suffering damages if you are injured. Limited tort: This policy allows drivers to save money on their premiums. However, in exchange, they waive their rights to recover certain damages, such as pain and suffering, unless their injuries are considered serious. Injured individuals can still sue the other driver or file a third-party claim against his or her insurance policy for economic damages, such as medical expenses and property damage. Pennsylvania law considers a serious injury one that results in death, serious impairment of a physical function, or permanent, serious disfigurement. There are also other exceptions to the limitations on non-economic damages, even if the accident was caused by a driver who was driving while impaired. Limited tort settlements can result in lower insurance premiums because insurers agree to waive their right to sue for damages. However, they can also limit the ability of car accident victims to receive full compensation for their injuries and losses. If you have a limited tort policy and have been injured in a car accident, it is important to speak with an experienced personal injury attorney to understand your rights and options for pursuing a car accident injury. Your own insurance policy What if the at-fault driver cut you off and left the accident scene and was never found? What if a car or driver is not insured? What if the at-fault driver only had $15,000 in available insurance coverage? You may also be able to seek damages through your own insurance policy. UM/UIM Insurance Coverage Uninsured motorist insurance (UM) pays for injuries, such as medical bills, that result from an accident caused by an uninsured driver. UM insurance protects you and your passengers even if you are hit by a hit-and-run driver. Underinsured motorist insurance (UIM) pays for injuries resulting from an accident caused by a driver who has too little insurance to cover all injuries. In the example above, if you were seriously injured by a hit-and-run driver or a driver with only $15,000 in liability coverage, you can then seek damages through your own policy under the UM/UIM coverage. Note that these are add-on coverages that have higher premiums. To calculate an average uninsured motorist settlement, the following factors may be considered: The extent of property damage: The amount of property damage caused by the accident, including damage to the vehicle, personal property, and any other property involved in the accident Accident. . Severity of Injuries: The extent of injuries sustained by the victim, including medical expenses, lost wages, and pain and suffering. Insurance Coverage: The amount of uninsured motorist coverage available under the victim’s insurance policy. Contributory negligence: If the victim is found partially at fault for the accident, the settlement amount may be reduced accordingly. Jurisdiction: Laws and regulations vary by state and may affect the calculation of an uninsured motorist settlement. Accidents involving multiple drivers A multi-car accident is any accident involving three or more vehicles. The simple definition belies the truth about accidents with different vehicles: the results can be devastating in terms of the severity of the injuries that the owners of the vehicles suffer. When multiple vehicles are involved in an accident, figuring out who is liable for your injuries can be complicated, unlike in a single car accident where it is clear. If a driver is liable for injuries to several people, there may not be enough insurance money to go around. Using the $50,000/$100,000 example, the at-fault driver only has $100,000 of coverage to go around. The most a person can receive is $50,000. What if three or four people are seriously injured, and each of the injured people has more than $50,000 in damages? There is not enough to go around, and the insurance company will not take on the responsibility of deciding how much of the available funds to allocate to each claim. It is up to you and your lawyer to convince the court that your costs were reasonable and necessary, and why you deserve a larger share of the insurance money than anyone else. Shared Responsibility Like most states, Pennsylvania’s comparative negligence laws allow individuals who have been injured in an accident to recover compensation for damages – even if they are partially at fault for the accident. of debt. This percentage reflects how much their action (or inaction) contributed to the accident and injuries. Note, Pennsylvania follows a 51 percent comparative negligence rule, which means you can recover damages if you are less than 51 percent at fault. If you are found to bear more than 50 percent of the fault for the accident, you cannot seek compensation for damages. Using this example, if you are considered 20 percent of the debt, you are entitled to only 80 percent of the settlement price. If you are hit by a driver with a $50,000 liability limit and you have $50,000 in damages, you can get $40,000. What in a car accident claim Economic costs Medical costs Seeking medical care to properly diagnose and treat your injuries can yourself be challenging. As you look at the bills from the ambulance, emergency room, primary care doctors and co-payments, you may struggle to afford the treatment you need. Medical care costs are another expense that is paid by the driver’s insurance company if you are involved in an accident. Lost wages If your injuries prevent you from working, or working in the capacity you once did before the incident, you may be entitled to lost wages. In addition, if you have suffered a permanent injury that prevents you from returning to your profession, or earning as much as you did before the accident, you may be entitled to compensation for loss of earning capacity. This is another element of damages that are paid by the insurance company of the at-fault driver. Property Damage As you face the sometimes daunting thought of a long recovery, your
