HIT AND RUN DEATHS IN PHILADELPHIA ARE MOUNTING AT AN EVER INCREASING PACE - HOW TO PROTECT YOURSELF
According to the Philadelphia Daily News article posted on Wednesday, August 27, 2008, it is quoted “In Philadelphia there is a death count that never makes it to the City’s homicide tally”. (Philadelphia Daily News article) Although the City’s homicide count is down dramatically this year, the hit-and-run deaths so far in 2008 already equal the total number for 2007, according to statistics from the Pennsylvania Department of Transportation and Philadelphia’s Police Department Accident Investigation Division.
In this article, the Philadelphia personal injury and Pennsylvania vehicle accident law firm of Reiff and Bily was quoted and partner Raymond Bily noted that “a person who does not have a criminal record and is charged with a hit and run involving death or serious bodily injury faces a mandatory minimum of just one year in prison.” Mr. Bily was also quoted as saying that “if a driver isn’t found until days after a crash, substance-abuse testing becomes more difficult.” I can state honestly that there is almost not a week that goes by where we are not contacted by at least one person who has been a victim or had a loved one who was a victim of a hit and run driver resulting in serious injuries and often time fatalities. Too often our clients are faced with situations where they have no avenue for financial recourse, aside from seeking minimal state benefits.
According to the Philadelphia Daily News (August 27, 2008), Theresa Sautter’s 15 year old daughter, Marylee Otto, was run down in March allegedly by Michelle Johnson, 40, a registered nurse who was tracked down when she left her damaged vehicle at her place of employment - The Curren-Frumhold Correctional Facility. Sautter will hold a rally at Rhawn Street and Lexington Avenue in Philadelphia to promote awareness of these crimes and Pennsylvania’s current laws.
Philadelphia is where one third of all Pennsylvania hit and run fatalities occurred in 2007 and this year records indicate deaths are already on a par with last year’s record and it is only August.
Even though not carrying automobile insurance is against the law in most states, including the Commonwealth of Pennsylvania, it happens more often than people realize and with growing frequency in Philadelphia. According to the insurance research counsel, chances are greater than one in seven that an at-fault driver in a collision with another vehicle would be uninsured. Although this is a national statistic, our research reveals that the chances are even greater in Philadelphia that a vehicle involved in a collision will not be insured.
Uninsured motorist insurance coverage pays for injury and damages caused by an uninsured or hit-and-run driver but even if you have this coverage, it still may not meet all of your expenses according to Carolyn Gorman, Vice President of The Insurance Information Institute, a not-for-profit consumer education organization. Uninsured motorist coverage is not obligatory in Pennsylvania and therefore, many people are not covered, even parties that are insured for third party negligence. It is very important for all drivers in the Commonwealth of Pennsylvania to make sure they have sufficient coverage including some options worth considering for additional financial protection, including the following:
1. Collision coverage - this coverage pays for damage to your car resulting from the collision with another car, flipping over and other situations, including being hit by an uninsured driver. Collision coverage is generally sold with a deductible of $250 to $1,000 and the higher the deductible, the lower your premium will be.
2. Uninsured and uninsured motorist coverage - this coverage will reimburse you, members of your family or designated driver who was hit by an uninsured or hit-and-run driver. Underinsured motorist coverage applies when an at fault driver has insufficient insurance to pay for your total loss. This coverage also applies if you are hit as a pedestrian.
3. Replacement rental coverage - based on the average daily rate for a rental car, it can end up costing more in most cities to rent a car for one day then for the full year of replacement rental car coverage. Available for a few dollars a month, this coverage provides a replacement rental car while your car is being repaired after an accident. Since the average car is in the repair shop for up to two weeks after an accident, these savings can be substantial.
As the economy continues to worsen, we are seeing increased frequency of underinsured and uninsured drivers in the Commonwealth of Pennsylvania. These are drivers who only have the minimal state requirements of liability on their automobile insurance, which may not necessarily provide enough coverage to adequately compensate others involved in the accident. Underinsured motorist coverage pays the difference between the at-fault driver’s liability limits of coverage and the actual costs of the injury and damage, as well as lost wages, but only up to the limits that the policyholder purchases when added to their auto insurance. It also provides additional protection if you are hit as a pedestrian.
We strongly recommend that all drivers in Philadelphia and Pennsylvania purchase full tort and underinsured and uninsured motorist coverage. This way, you can be sure if you are involved in any accident as an operator, passenger or pedestrian, your own insurance that you have purchased will include the type of coverage that will provide financial safeguards. We see many people coming into our offices claiming that they have full coverage and that they are well prepared to deal with an accident but many of them have never read their insurance policy and sometimes listen to fast talking insurance salesmen and they purchase anything but the full and necessary insurance policy. Simply money thrown out of the window. Taking a few minutes every year to read your policy or talk to your agent or even an attorney from our office for a free consultation can help you avoid unnecessary hassles, as well as significant out-of-pocket expenditures.
As stated in the Philadelphia Daily News Article (August 27, 2008), among the City of Philadelphia’s deaths from hit and run accidents this year are the following:
Terrell Elliott, 5 years old, allegedly struck by a cab driver, Yves Aristilde, as he tried to cross Windrim Avenue near Lindley in Logan with his mother Dana Reynolds 23, who was also critically injured in the crash;
Hannah Cintron, 20 years old, who was struck by Edward Dunphy, 28, as she left the Roxy/Bamboo Bar on North Delaware Avenue near Poplar Street on June 7;
Theodore Thomas Jr. ,22, who was unconscious for 13 days before he died from injuries he suffered when he was run down crossing Market Street at 9th Street on February 22nd, the offending driver has yet to be found;
Theresa Sautter whose 15 year old daughter, Marylee Otto, was run down in March by a hit and run driver.
Please take precaution and protect yourself appropriately. We welcome you to call the Pennsylvania motor vehicle accident law firm of Reiff and Bily for a free consultation regarding your insurance coverage or if you or a loved one has been injured by a hit and run or uninsured driver, please contact us for a free consultation. We have 30 years experience representing injured plaintiffs for a small percentage of the recovery. There is no cost if there is no recovery and our track record speaks for itself.
For more information, contact the lawyers at Reiff and Bily at 1-800-421-9595 or on the web at www.reiffandbily.com
