If you have ever been involved in a collision, you likely had a claims adjuster assigned to your case within a day or two. The claims adjuster would have attempted to contact you before investigating your claim. After the investigation is complete, the claims adjuster will make an initial offer, which is likely worth far less than your accident-related expenses. Only through repeated insurance negotiations did you (hopefully) settle on the amount you deserved. The process was probably mentally draining, but it was necessary to get compensated for your injuries.
Unfortunately, given the congestion of Harrisburg’s roads, vehicle collisions are on the rise. At Shollenberger Januzzi & Wolfe, LLP, we have devoted our professional lives to fighting for individuals who have been harmed by personal injuries. If you or a loved one has recently been involved in an accident in or near the Capital City, our Harrisburg car accident lawyers are available to evaluate your claim.
Determining Liability
A claims adjuster will review the police report, photographs, video surveillance, witness statements, and your medical records to determine if the other driver was negligent. A successful claim will be based on demonstrating the following elements of negligence:
- Duty of care: Every road user has a duty to adhere to traffic rules and regulations.
- Breach of duty: The other driver’s conduct violated the duty of care. In a car accident claim, this may involve running a red light, failing to stop at a crosswalk, or speeding.
- Causation: The driver’s conduct is directly responsible for the harm you sustained.
- Damages: As a result of the crash, you suffered physical, emotional, and financial losses. Common damages in a car accident claim include medical expenses, lost wages, and pain and suffering.
Given the various factors and the speed at which each motorist must make decisions, in many cases, fault can be attributed to more than one driver. If you are found partly liable in a Pennsylvania car accident, your damages can be reduced based on your degree of fault.
Assessing Damages
Accident-related losses, known as damages, may entail out-of-pocket expenses and intangible losses. Out-of-pocket expenses, or economic damages, often include medical costs such as hospitalizations, surgeries, prescriptions, physical therapy, and mobility aids. A claims adjuster will request your medical records, hospital invoices, and receipts to determine your treatment costs.
If your injuries prevent you from working, you may claim lost wages. If your vehicle sustained damage, then the adjuster will evaluate the vehicle damage and determine the cost for repairs. Typically, a claims adjuster will ask for quotes from certified auto mechanics to determine repair costs or total loss value (if your vehicle is totaled).
A personal injury lawsuit will allow you to obtain damages above the other driver’s policy limits, but it is unavailable to drivers with limited tort insurance coverage. Full tort coverage allows you to sue the other driver in court, but the premiums are costly. However, individuals with limited tort coverage who meet the serious injury threshold or have another qualifying circumstance will be able to exit the no-fault system.
Requesting Additional Documentation
The insurance company may request additional medical records or information to further assess your case. In some cases, this may be used as a delay tactic, while in others, the adjuster may be searching for evidence to weaken your claim. If the adjuster does argue that a test or procedure was unnecessary or that a charge was unreasonable, our experienced legal team is prepared to handle the dispute.
Consult with Our Harrisburg Car Accident Attorneys Today
A crash can force you to forgo your plans in exchange for hospitalizations, doctor’s visits, and mobility aids. When another party’s oversight or carelessness causes you harm, Shollenberger Januzzi & Wolfe, LLP, is ready to advocate for you. With over 30 years of helping injured individuals secure maximum compensation, our Harrisburg car accident lawyers are looking forward to many more. To arrange your free consultation with a member of our legal team, we can be reached online or by calling (717) 229-6580.