Auto Accident FAQs

The lawyers at HKQ have decades of experience handling automobile accident claims. Automobile insurance – and how it applies when someone is injured in an accident – is governed by a complex scheme of statutes known as the Pennsylvania Motor Vehicle Financial Responsibility Law. The law is complicated and constantly changing through many different interpretive decisions by the Pennsylvania courts. Even the simplest of motor vehicle accidents can involve complex legal issues, which can only be answered by skilled and experienced attorneys like the ones at Hourigan, Kluger & Quinn.

First of all, do not leave the scene. Make sure that the police have been notified and wait for their arrival. If anyone is injured, make sure an ambulance has been summoned. If possible, and if your vehicle is still operable, it is typically advisable to move it out of the lane of travel so as not to obstruct traffic. Activate your hazard lights. Try to get the names, addresses and telephone numbers of any individuals involved, as well as any witnesses to the accident. If possible, try to obtain all parties’ insurance information. Generally speaking, you should not admit fault or responsibility for the accident. Judgment as to who is at fault for the accident should be reserved for a later time.

No. When you are in an accident, you have no obligation to speak to the other party’s insurance company. You may have a limited duty to speak to your own insurance carrier, but you certainly do not, and should not, speak with the other side’s insurance company. The best advice would be to consult with a competent lawyer prior to even speaking with your own insurance company.

This is always a very difficult question to answer because each case is unique and is dependent on many factors, not the least of which is your own physical recovery. Sometimes, it takes a significant amount of time for an attorney to evaluate the effects of an accident on you as you wind your way through the treatment course. There really is no easy answer as to when to expect a recovery for your personal injury case.

Under Pennsylvania law, your own auto insurance company will pay for your medical bills, regardless of who is at fault. This is because Pennsylvania has a so-called “no fault” system of auto insurance. To find out how much coverage you have in the event of an accident, check your auto insurance declarations page and look for the medical benefits portion. You are required by law to carry a minimum of $5,000. You can choose to carry much more than that depending on your budget. Of course, it is typically advisable to carry as much coverage as possible to cover your medical bills in the event you are severely injured. Generally speaking, if your medical bills exceed the amount covered by your auto insurance, you should check with your health insurer, which may pick up any remaining charges. However, your health insurer may later seek to be paid back out of any recovery you obtain through litigation from the responsible party. This is called “subrogation.”