Uninsured/ Underinsured Motor Vehicle Coverage

Posted by admin on May 20, 2010  |  5 Comments

What happens if you get into an accident with a driver who is uninsured or underinsured, will you be able to recover?

If you have uninsured/underinsured motorist coverage, chances are good that the answer is “yes.”   

What is UM or UIM?

Uninsured or underinsured motorist coverage can pay for injuries to you and your passengers, and in some states, for damage to your property, when there is an accident and the other driver is both legally responsible for the accident and considered “uninsured” or “underinsured.”

An uninsured driver is someone who did not have any insurance, had insurance that did not meet state-mandated minimum liability requirements, or whose insurance company denied their claim or was not financially able to pay it.

An underinsured driver is someone who had insurance that met minimum legal requirements, but did not have payment limits high enough to pay for the damage caused by the accident. In these situations, UM or UIM can pay you for your damages. It is important to note that uninsured and underinsured motorist coverages are separate, although in many states they can or must be purchased together.

Why Would You Want It?

It’s usually relatively inexpensive to add this coverage to your car insurance, but the protection it offers can be well worth it.  The coverage could pay your medical bills, lost wages, and pain and suffering. If someone hits you or your car and is legally responsible for the damages, you won’t get any money from them if they don’t have money to give you. During these tough economic times, many drivers either do not have insurance or do not have enough insurance. UM/UIM coverage is one way to protect yourself.

Full Tort vs. Limited Tort:

Posted by admin on April 12, 2010  |  11 Comments

Tort law addresses and provides remedies for civil wrongs other than those arising out of contractual obligations. A person who suffers legal damages may be able to use tort law to receive compensation from someone who is legally responsible, or liable, for those injuries.

In purchasing automobile insurance, a driver is given two options, one of which significantly limits your ability to make a recovery in the event that you are injured in an accident that wasn’t your fault.  In Pennsylvania, this is known as the “Limited Tort” option.  In Pennsylvania, purchasers of the “Limited Tort” option must suffer from a significant loss of bodily function in order to bring a lawsuit for their pain and suffering, leaving themselves exposed in the event that they are badly injured but do not meet the legal definition of a significant loss of bodily function.

In New Jersey, this is known as the “Verbal Threshold” option. It can also be referred to as the “Tort Limitation” option.  In New Jersey, purchasers of standard automobile insurance policies who limit their right to sue a negligent driver by electing the “Verbal Threshold” or “Tort Limitation” option can only sue if they sustain a bodily injury that results in death, dismemberment, significant disfigurement, significant scarring, displaced fractures, loss of a fetus, or a permanent injury.

With a Full Tort /Zero Threshold selection, you retain unrestricted rights to bring suit against the negligent party for non economic damages such as pain and suffering, emotional distress and loss of life’s pleasures.  With a Limited Tort /Verbal Threshold option, you are not able to recover certain damages, most importantly payments for your pain and suffering.

Regardless of your tort option selection, you always retain the right to sue for economic losses such as unpaid medical bills and loss of wages.

Toyota Vehicle Recalls

Posted by admin on April 12, 2010  |  1 Comment

As you have no doubt seen on the news and read in the paper, Toyota has issued massive recalls regarding the unsafe nature of several of their vehicle models.  There have been many injuries and even deaths that have resulted from the defective accelerator pedal on these models.

 In total, Toyota has issued recalls for 8.5 million vehicles. Motorists experiencing accelerator pedal sticking were advised to take the following steps: If the accelerator pedal sticks in a partially open throttle position or returns slowly to idle position, the vehicle can be controlled with firm and steady application of the breaks. Do not pump the brakes because it could deplete the vacuum assist. The brakes will stop the vehicle regardless of the throttle position. Once under control, the vehicle should be driven to the nearest safe location and the engine should be turned off. Contact a Toyota dealer as soon as possible for assistance. 

Toyota’s recall for accelerator problems involved eight models: 2007-2010 Camry, 209-2010 RAV4, 2009-2010 Corolla, 2009-2010 Matrix, 2005-2010 Avalon, 2010 Highlander, 2007-2010 Tundra, 2008-2010 Sequoia.

If you or a loved one suffered serious injury or death in an accident involving sudden acceleration of a Toyota or Lexus vehicle, you should contact a personal injury attorney.