Every year, thousands of people are killed or catastrophically injured by commercial trucks and tractor trailers in the United States. These are often heavily defended cases where a trucking company’s risk management team is at the crash scene before anyone else. For this reason, it is important to assemble your legal team as soon as possible to make sure that your legal claims are properly pursued and protected. Other vehicle accidents are caused by an improper roadway design. For example, Arthur successfully litigated a case for a large settlement for a man who crashed into an Automated Digital Roadway Sign that was installed in the wrong location; it was too close to the roadway. The man had initially lost control of his car when he was rear-ended by someone who had the state minimum amount of insurance, $15,000.00; but his injuries were much more significant than that. After extensive investigation, the man received a recovery of over $900,000.00.
Other motor vehicle accidents present facts that are often misunderstood. For example, in Pennsylvania, there are two general types of motor vehicle insurance coverages – full tort and limited tort coverage. Many people are sold a lot of “coverage” and believe they are “fully” insured but are later disappointed to learn that they only have “limited tort” coverage, an inferior insurance coverage that will often prevent recovery for “pain and suffering” damages. When consulted, Arthur will tell you the best coverages for your situation. And often, Arthur will be able to get a pain and suffering and full recovery for drivers who have been sold “limited tort” coverage.
Underinsured and Uninsured Motorist (“UIM/UM”) insurance coverage provides additional insurance where a motorist is injured by a minimally insured driver, referred to as an “underinsured motorist”. Uninsured Motorist coverage is insurance for situations where you are injured by someone driving without motor vehicle insurance, where you would be left attempting to collect damages from someone who is often judgment proof – they have no money to pay for your damages and no insurance.
Arthur has been able to collect for Underinsured motorist coverage where, for example, a woman was rear-ended by a motorist with only $25,000.00 in coverage. She had $100,000.00 in underinsured motorist coverage. Moreover, her UIM coverage was “stacked”; this means that her coverage was multiplied by the number of vehicles she had – which was four (4) in that case. Therefore, she had $400,000.00 in Underinsured Motorist Coverage, for a total of $425,000.00 available for her damages suffered in her motor vehicle accident.
She collected the $25,000.00 from the underinsured motorist’s insurance carrier. But her own insurance carrier offered too little to compensate her fairly for her injuries. They offered her only $50,000.00; they said they did not believe she was that seriously injured. Through her representation, in the insurance dispute she was awarded far more than her $400,000.00 UIM policy limits. When the insurance company offered to pay this amount, as her attorney, Arthur sued her insurance company again for Pennsylvania Insurance Bad Faith and ultimately resolved her case at trial for double her stacked policy limits. Pennsylvania’s Insurance Bad Faith Statute applies to all insurance sold in the Commonwealth of Pennsylvania. New Jersey also provides insurance protection for insurance sold in the State of New Jersey.
