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Pennsylvania Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Pennsylvania on
Q: Do i need to sign release for other persons insurance to get medicare lien info?

I am trying to settle out an accident at 0% my fault. My car was totaled and I was in hospital overnight. I have medicare and am requesting lien be paid in addition to settlement. Must I sign a release to insurer to have access to my CMS medicare account or can I just supply them with the final... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 30, 2020

A Pennsylvania attorney could answer best, but your question remains open for four weeks. As a general matter, if you've gotten to the release stage, it seems unlikely that they want to see your entire medical history, hence blank authorization for your account. It seems more likely they want... Read more »

1 Answer | Asked in Car Accidents for Pennsylvania on
Q: Medicare Lien question for car accident settlement. Do i need to sign waiver for other persons insurance to get lien

I am trying to settle out an accident at 0% my fault. My car was totaled and I was in hospital overnight. I have medicare and am requesting lien be paid in addition to settlement. Must I sign a release to insurer to have access to my CMS medicare account or can I just supply them with the final... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 27, 2020

A Pennsylvania attorney should advise, as insurance practices can be governed by state law, but your question remains open for four weeks. As a GENERAL matter in my own experience in reconciling medical liens, I have found that it could depend on the carrier. I have worked with many carriers who... Read more »

1 Answer | Asked in Car Accidents for Pennsylvania on
Q: Hey I live in PA, I was wondering if I were able to get blinking brake lights

I see major benefits with this, mainly visibility of the vehicle

Tim Akpinar
Tim Akpinar answered on Sep 5, 2020

This is something a Pennsylvania attorney could advise best on, but your post remains open for three weeks. There wasn't a question in your post. If you want to install such lights on your vehicle, you should find out whether they would still enable your vehicle to pass annual safety... Read more »

1 Answer | Asked in Car Accidents for Pennsylvania on
Q: What if someone hit 3 parked cars with liability insurance and it only covers $5k. How does that get divided?

The lady's insurance company is saying they only cover up to $5000. I just want to know how that works with multiple cars being hit.

Mark Scoblionko
Mark Scoblionko answered on Jul 7, 2020

The proceeds of insurance get prorated among all the people with claims, based on the amounts of the damages to each car. In all likelihood, there would not be enough funds for you to fully cover your claim, and you would then have to resort to your own collision coverage, if available.

1 Answer | Asked in Car Accidents and Traffic Tickets for Pennsylvania on
Q: If an officer issues a citation for a crash but did not witness the violation himself and there were no witnesses

can the officer testify in traffic court to the violation he cited for?

Ellis B. Klein
Ellis B. Klein answered on Jul 7, 2020

Yes. He can testify to his opinion how the crash occurred at it is up to the judge to determine if he has proven the case against you beyond a reasonable doubt. You should get a lawyer because chances are you are looking at some points. Another option is to negotiate the ticket with the cop and try... Read more »

1 Answer | Asked in Car Accidents for Pennsylvania on
Q: Live in PA, got in a minor accident 05/03. Received a citation on 6/27. Shouldn’t I have gotten it at the accident?

The cop unfortunately only recorded the other persons part of the story, and seemed to only believe her so I was found at fault (he didn’t witness this crash.) I was given the report at the accident, so why not a citation? Was not told of a citation.

Mark Scoblionko
Mark Scoblionko answered on Jun 27, 2020

Not unusual for a summons to be served later.

2 Answers | Asked in Animal / Dog Law and Car Accidents for Pennsylvania on
Q: A dog ran out into the road and hit my car. I pulled over and attempted to find the dog but he was no where to be found

I was doing at most 35mph, I walked down the block and attempted to find the dog. I couldn’t find the dog so I left because there was no damage to my car and the dog appeared okay. I didn’t report it to anyone because there was no outside and because of the dog being gone. I’m located in PA... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

Hit and run is when you are involved in a collision and there is damage to property or person. Sounds like you have no duty to report it. If you wish you can call up the police for the area where it happened. Make note of when you call. If they say no problem, then just say "thank you."

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1 Answer | Asked in Car Accidents and Traffic Tickets for Pennsylvania on
Q: I was invol.in an accident no other parties besides me.I got a ticket in mail section 3309 sub sec 1.

I called the officer next day to responsible and never got a call back. I didn't want to keep calling. Im completely blind sighted by this. I thought I saw someone coming and to avoid other party I went into an abandoned house's yard. Which damaged my vehicle. Please give me guidance.

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

If you saw another driver IN YOUR LANE then you took appropriate action in an emergency situation. If you have collision, it should cover your car damage and any damage to the house's yard. You have a duty to avoid an iminent crash, and can plead not guilty if they were in your lane.

1 Answer | Asked in Car Accidents for Pennsylvania on
Q: I’m in Pa. Do I sue the person reliable for the accident or their insurance company?

My son was in a car accident on 3-26-20. It was not his fault. The money the insurance is giving him for his totaled truck isn’t anywhere to put him back in the position before he was in the accident. He is 18 and works as a residential carpenter. He needs a truck. He had an antique truck he... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 25, 2020

The insurance company is not generally sued. The defendant, upon being sued, presents papers to their insurance company. This is not an uncommon situation, where the total loss declaration could overrule the possibility of repair (this is governed by state law - a Pennsylvania attorney could advise... Read more »

1 Answer | Asked in Products Liability and Car Accidents for Pennsylvania on
Q: Someone hit my husband's parked car, that is overdue on its inspection. Will this affect us making an insurance claim?

We are waiting on a special order replacement windshield from the dealer, hence the expired inspection. Vehicle is insured and registered.

Tim Akpinar
Tim Akpinar answered on Mar 3, 2020

No, it should not. The issue of overdue inspection does not absolve the other driver of blame for hitting your husband's car. Good luck

Tim Akpinar

2 Answers | Asked in Car Accidents for Pennsylvania on
Q: I was severely injured in an auto accident. I had a surgery which helped some. My case was settled. However one of my

doctors was not paid in spite of a doctors lien being signed by myself and my attorney. I am disappointed with my attorney's response which was "I have to pay it." Is there anything I can do to get the attorney to pay the bill?

Mark Scoblionko
Mark Scoblionko answered on Feb 20, 2020

Your attorney is correct that you are responsible for the bill.

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1 Answer | Asked in Car Accidents for Pennsylvania on
Q: Please explain what it means to have a lawsuit filed and litigated. Does litigate mean go to court and have a hearing?
Peter N. Munsing
Peter N. Munsing answered on Feb 7, 2020

Litigation means just that. If you have been sued you need to turn it over to your insurance. If you have a suit, you have a lawyer --or should have--and should ask them.

1 Answer | Asked in Car Accidents for Pennsylvania on
Q: I live and PA and wanted to know if you are a witness is a accident do you have to stay on scene.

There were multiple witnesses

Peter N. Munsing
Peter N. Munsing answered on Feb 7, 2020

There is no law requiring that. However if you want to help you can notify the officer handling it see if they need your input. At least you cared to consider this and that's good.

1 Answer | Asked in Car Accidents for Pennsylvania on
Q: I was involved in an Auto accident on Friday, December 20, 2019 which was my fault. I didn't see a stop sign and went

through it. I was struck on the driver's side front bumper. I have a Property Damage Limit of only $5,000.00 and according to my Insurance Company and the pictures he saw of his vehicle it is going to exceed $5,000.00 which I know I will be responsible for. How will they get the rest of the... Read more »

Mark Scoblionko
Mark Scoblionko answered on Dec 23, 2019

There is no wage garnishment in Pennsylvania for this type of thing. Your insurance company should try to settle the entire case for the limits of your coverage in order to protect you. If they can't, they owe you a duty of defense and would have to hire a lawyer to defend you. The lawyer... Read more »

1 Answer | Asked in Car Accidents for Pennsylvania on
Q: If I were a passenger in a car and the driver hit and ran. Can I be held liable for not reporting?
Peter N. Munsing
Peter N. Munsing answered on Dec 18, 2019

No--the responsibility is on the driver. However, if you were injured in the crash you would want to report the incident, and would have a claim for your injuries and medical bills in excess of your other coverage. For medical bills resulting from the crash, you have to first initiate a claim with... Read more »

2 Answers | Asked in Car Accidents for Pennsylvania on
Q: Am i guilty of this violation if in fact i crossed the divided lane to avoid an oncoming car?

A car came in my lane and i swerved to avoid the collision. Now i got sited for the violation

Peter N. Munsing
Peter N. Munsing answered on Dec 4, 2019

Plead not guilty. You were faced with a sudden emergency, had no choice.

You wren't really choosing to drive over the divided--you were forced to.

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1 Answer | Asked in Car Accidents for Pennsylvania on
Q: Do I have a valid reason to sue the van drivers insurance?

I was involved in a car swipe accident. This is my first ever car accident involving a vehicle. The driver that hit my car works for Amazon as a delivery driver. They have tons of vans in my area.

So ever since the car accident, I am now having problems emotionally when I am driving near... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 4, 2019

If your doctor recommends PTS therapy, the doctor visit and therapy would be covered under 1st party benefits.

if you had any physical injuries--stiffness, pain, etc--tell your doctor so it's on the record.

You have a claim you can make but first get the medical rolling....
Read more »

3 Answers | Asked in Car Accidents and Personal Injury for Pennsylvania on
Q: Would it be considered negligent for a vehicle inspector to not catch worn break lines and nonfunctional emergency brake

I had my vehicle inspected and days later my brakes gave out and the emergency brakes did not work either. This resulted in my spouse crashing the vehicle and sustaining some serious injuries.

Mark Scoblionko
Mark Scoblionko answered on Nov 27, 2019

It very well could be. However, you would need an independent expert to offer an opinion that these conditions existed at the time of the inspection, were within the scope of work undertaken by the initial inspector, and ought to have been discovered.

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1 Answer | Asked in Car Accidents for Pennsylvania on
Q: My car was parked on a street with street parking 15 inches from the curb and a school bus hit it.

The kids on board and on the street said she backed up down the narrow street and they warned her and she still kept goin and side swiped the whole car totally it. Now I’m stuck paying the difference in the totaled worth and my loan. Shouldn’t their insurance pay something?

Peter N. Munsing
Peter N. Munsing answered on Nov 26, 2019

Any vehicle insurance--school bus or otherwise--has the obligation to pay for the market value of your car. If that is less than the loan balance, that is not their issue. So yes, through no fault of your own you can end up owning money on a set of wheels you no longer own!

You can check...
Read more »

1 Answer | Asked in Car Accidents, Criminal Law and Collections for Pennsylvania on
Q: My car was stolen and found by the police. The officer got the car impounded w/o notifying me. Recovery options w/o fee?

I was not notified when my car was towed away. The cop who found my stolen car got it towed and did not notify me. It has been a month i had to find the tow company myself 36 days later they are charging me 1100 dollars in fees.

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

This is a major problem. Contact your legislator, AAA, others --the law has to be changed. The question is what the towing company is charging. I don't have a clear, clean answer for this. However, if the person was found and is charged with the crime you may have access via the crime... Read more »

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