TRUCK ACCIDENT UPDATE

In the past year alone we have handled to settlement two Truck accident cases in which the truck drivers fell asleep at the wheel.  Both of our clients were rear-ended by the truck while driving in the traveling lane at the speed limit.

Discovery and research showed the drivers exceeded their allowable driving hours.  Once this was established the insurance companies for the trucking companies settled the claim.

Common sense tells us that an 80,000 lbs vehicle striking a 3,000 lb car is going to cause damage and injury.  If this happens to you, a loved one or a friend make sure you are well represented.  We can provide that representation.  Call me, I am Amil Minora and I am here to help.

BAD FAITH UPDATE

Insurance companies continue their attacks on the Pennsylvania Bad Faith statute.  Whether your company has acted in Bad Faith toward you is a question of the facts of your particular case.  We have recently received a seven-figure verdict against an insurance company for bad faith- AFTER- they paid the policy limit to my client.  It is the act of the insurance company while they are handling you claim that matters.  If your insurance company is not treating you and your claim fairly, call me. I am Amil Minora and I am here to help.

UNDERINSURED MOTORIST INSURANCE UPDATE

 Your auto policy most likely contains coverage for Underinsured Motorist and uninsured motorists. This coverage provides you with an additional layer of insurance coverage if you are injured by another driver who has no insurance (uninsured) or leaves the scene of an accident and is not found (uninsured) or a person whose liability insurance is in adequate to pay for all your damages and injuries (underinsured).

For a few more premium dollar you can stack coverage of Underinsured or uninsured motorist coverage.  That means if you have 2 or more cars your underinsured or uninsured motorists coverage will be multiplied by the number of cars you insure.

It is usually a better idea to insure your cars in one policy rather than separate policies for each car.  You want stacking and you do not want any question about that if you are injured by an uninsured or underinsured motorist.

These are dozens and dozens of issues when you have such a claim.  The smartest thing to do when you have an accident and are injured is to call an attorney as soon as you are able so all these rights are be preserved for you.  If you have a questions about your accident or your coverage, Call me. I am Amil Minora and I am here to help.

AUTO LAW UPDATE

We recently concluded an auto accident case.  The defendant had rear-ended my client and was charged with a DUI.  The defendant was later granted an ARD (Pre-trial probation) on the DUI charge.

During the civil case against the defendant I tired to take the Defendant’s deposition.  Instead of answering the questions the defendant invoked the privilege against self- incrimination (Plead the 5th).  The 5th Amendments of the United States Constitution states, “ No person… shall be compelled in any criminal case to be a witness against himself.”  The Pennsylvania Constitution has a similar provision. 

In most instances a witness “taking the 5th” occurs in a criminal case setting.  However the United States Supreme Court ruled that the privilege is also applicable in civil cases and that has been read to include pre-trial proceedings such as a deposition.

The privilege however is not absolute and the person asserting their right to assert the privilege has the burden of establishing a reasonable ground for asserting the privilege.

The opposing party may file an Motion to Compel Answers to Deposition Questions in which case the party asserting the privilege must satisfy the court that their assertion of the privilege against self incrimination is reasonable or they will be compelled to sit for the deposition and answer questions.

The case eventually settled after lengthy pre-trial litigation when the defendant finally recognized that the privilege might be lost and that the jury would be allowed to make an adverse inference against the defendant. (In a criminal case juries are instructed that they may not make any adverse inference by the defendants refusal to testify or to have asserted the privilege against self-incrimination.)

We handle many cases with complicated issues successfully. Let us help you.  I am Amil Minora and I am here to help.

If you currently have a question about your situation please contact us today.