Pennsylvania Law Monitor : Pennsylvania Lawyer & Attorney : Stark & Stark Law Firm : Yardley, Philadelphia, New York, New Jersey

Uninsured Motorist (“UM”) claims are subject to the four-year Statute of Limitations for contract claims. The claim accrues when an insured is: 

1. involved in a motor vehicle accident;
2. injured in the accident; and
3. knows or reasonably should have known of the uninsured status of the owner or operator of the other vehicle involved in the incident.  

In a recent decision by Judge Schiller in the matter styled Liberty Mutual Fire Insurance Company v. Weisbaum, October 5, 2011, the issue arose as to whether Weisbaum timely prosecuted his claim for UM benefits before the Statute of Limitations expired. The accident occurred on June 25, 2004. Correspondence in early July, 2004 from Mr. Weisbaum’s counsel notified Liberty Mutual of the accident and said there may be a basis for UM or Underinsured Motorist (UIM) coverage. On June 23, 2006, Weisbaum actually sued the operator of the other vehicle involved in the accident and the vehicle’s owner for damages, that case being terminated as inactive on July 7, 2009. In fact, in September, 2006 Weisbaum submitted to an Examination Under Oath taken by Liberty Mutual for purposes of the UM claim.  

Liberty Mutual asserted that the Statute of Limitations ran on Weisbaum’s UM claims given that it accrued on July 1, 2004 when Weisbaum knew or should have known that the owner/operator of the other vehicle was uninsured, the very date when his attorney sent notice of a possible UM claim and gave a recorded statement. Liberty argued that the four-year Statute of Limitations expired on July 1, 2008.  Weisbaum claimed that he could not confirm the owner or operator of the other vehicle was uninsured until he filed the lawsuit on June 23, 2006 so he had until June 23, 2010 to assert UM claims. The parties agreed that the Statute of Limitations as of 2011 had run on Weisbaum’s claim. Weisbaum argued however that the Statute of Limitations was tolled (stopped) when the parties took steps to have the matter arbitrated, i.e. there was a new implied contract to arbitrate the case. 

Judge Schiller said Weisbaum’s arguments failed because he never filed a Petition to Compel Appointment of Arbitrators other legal proceedings against Liberty Mutual. Weisbaum further asserted that the parties’ appointment of Arbitrators gave rise to an inference that there was a demand for Arbitration. The Court found that even if he had made such a demand that is not enough to toll the Statute of Limitations. Hence, the Court also relied on a precedent that appointment of an arbitrator does not toll the Statute of Limitations on an UIM claim and correspondence with the insurance company does not toll the Statute of Limitations on UM claims under Pennsylvania law. The Court found that Liberty Mutual had actively sought to obtain information necessary to assess Weisbaum’s claims and there was no cooperation from Weisbaum’s side.   The Court also was not aware of any precedent to give credence to Weisbaum’s argument that tolling the Statute of Limitations occurred because of an implied contract to arbitrate.   Hence...the four-year Statute of Limitations implies that there must be an Arbitration set and held within that time frame in order to prevent any argument by an insurer that the applicable Statute of Limitations is expired hence barring such claims.     

Jeff Krawitz is a Shareholder in Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Krawitz.   

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Federal safety investigators declared this week that texting, emailing or chatting on a cell phone while driving is simply too dangerous to be allowed. Additionally, they are urging all states to impose total bans of cell phone use while driving, except in the case of emergencies.

Based upon recent deadly crashes, including one in which a teenager sent or received 11 text messages in 11 minutes before an accident, the recommendation would apply even to hands-free devices, a much stricter rule than any current state law.

A group representing state highway safety offices called the recommendation “a game-changer”.

Currently, 35 states ban texting while driving, while nine states ban handheld cell phone use.  Thirty states ban all cell phone use for beginning drivers, but enforcement is generally not a high priority, and no states ban the use of hands-free devices for all drivers.

Tyler Tomlinson is a Shareholder in Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Tomlinson.

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On Tuesday, December 13, 2011, the National Traffic Safety Board called for a nationwide ban on all cell phone use while driving.  The proposed ban is the most wide sweeping recommendation made by the NTSB to date and would prohibit all non-emergency phone calls and texting. The proposed ban would even extend to the use of hands-free devices unless the device was installed by the vehicle manufacturer. Currently, cell-phone use by drivers is governed by state law with some 35 states banning text messaging while driving and another 10 banning all cell phone use.  None of these state imposed bans apply to the use of hands-free devices.

According to the NTSB, their proposed ban is necessary to combat the danger posed by distracted drivers on the road. A recent study released by the National Highway Traffic Safety Association states that as many as 13.5 millions drivers are using cell phones at any given moment. The NHTSA study also states that over 3,000 fatalities have been linked to accidents involving distracted drivers in the last year.

Although the NTSB believes that their recommended ban will significantly decrease the number of distracted drivers on the road, it is difficult to comprehend how such a ban would be enforced.  It is one thing to ask law enforcement officers to ticket drivers who are blatantly holding a cell phone to their ear, but it seems almost unreasonable to expect police officers to enforce a ban on the use of hands-free devices.  How will an officer know whether a driver is on the phone as opposed to conversing with a passenger or singing along to their favorite song on the radio?  These are issues that must be taken into consideration before the such a wide-sweeping ban is enacted.

Ian Abvoitz is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Abovitz.

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This Saturday, December 24th, 16 and 17-year-old drivers will face new restrictions in Pennsylvania.  They will need more training, they will be able to transport fewer passengers, and not wearing a seat belt will be enough for a teen driver to get pulled over.

For older drivers, failure to wear a seat belt remains a secondary offense - subject to a fine if stopped for another reason.

Permit holders under the age of 18 will need 65 hours of hands-on training, an increase of 15 hours. "Ten of the additional hours must include driving at night and five hours must occur during poor weather conditions," according to a news release from the state.

The number of non-family passengers under age 18 is also restricted for drivers under 18, if no parent or guardian is present. It's just one such passenger for the first six months after getting a junior license, which is possible at age 16-1/2. Then, until the driver turns 18, it's three passengers - if the driver has a record free of committing violations and even partly causing crashes.
 

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The earliest age at which you can receive Social Security Retirement Benfits is 62. You can start receiving Medicare Benefits at age 65. Within 4 months of the date you wish to start receiving benefits you should contact Social Security. The application process will require you to answer certain questions and provide some documents. If you have difficulty obtaining all the documents, Social Security will assist you in getting them.

The documents required to prove your eligibility for retirement benefits include:

• Birth certificate or other proof of birth;
• Naturalization papers;
• U.S. military discharge paper(s);
• W-2 forms(s) and/or self-employment tax returns for last year

When you apply for retirement benefits, you will be asked the following questions:

• Your name, gender and social security number;
• Your name at birth (if different);
• Your date of birth and place of birth (State or foreign country);
• Whether a public or religious record was made of your birth before age 5;
• Your citizenship status;
• Whether you or anyone else has ever filed for Social Security benefits, Medicare or Supplemental Security Income on your behalf * Whether you have used any other Social Security number;
• Whether you became unable to work because of illnesses, injuries or conditions at any time within the past 14
• Whether you were ever in the active military service before 1968 and, if so, the dates of service and whether you have ever been eligible to receive a monthly benefit from a military or Federal civilian agency;
• Whether you or your spouse have ever worked for the railroad industry;
• Whether you have earned social security credits under another country's social security system;
• Whether you qualified for or expect to receive a pension or annuity based on your employment with the Federal government of the United States or one of its States or local subdivisions;
• Whether you are currently married and, if so, your spouse's name, date of birth (or age) and social security number (if known).
• The names, dates of birth (or age) and social security numbers (if known) of any former spouses;
• The dates and places of each of your marriages and, for marriages that have ended, how and when they ended;
• The names of any unmarried children under 18, 18 -19 and in secondary school or disabled before age 22;
• The name(s) of your employer(s) and/or information about your self-employment and the amount of your earnings for this year, last year and next year;
• Whether you had earnings in all years since 1978;
• Whether Social Security may contact your employers for wage information;
• Whether you have any unsatisfied felony warrants for your arrest or unsatisfied Federal or State warrants for your arrest for any violations of the conditions of your parole or probation;
• The month you want your benefits to begin; and
• If you are within 3 months of age 65, whether you want to enroll in Supplemental Medical Insurance (Part B of Medicare)

You will also be asked to provide your account number at a bank, credit union or other financial institution so you can sign up for Direct Deposit of your monthly retirement benefit.

Direct Deposit is the preferred method for getting your monthly benefit to you. Retirement benefits are automatically deposited to your account of the 3rd of every month and you will not have to worry about your check being stolen or lost in the mail.

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Recent scandals such as the allegations of child sexual abuse against former Penn State football coach Jerry Sandusky and similar allegations against Syracuse University coach Bernie Fine have been in the news a lot lately.  As many people are aware, it is alleged that these acts of the sexual abuse began many years ago and occurred over a long period of time.  For a variety of reasons, many of these allegations are only coming to light very recently.

As many people may know from watching television shows, the statute of limitations may act to prevent a person from bringing a lawsuit if too much time has passed since the person was harmed.  In Pennsylvania, the statute of limitations for most lawsuits where one person has caused harm to another is 2 years.  Unfortunately, we too often receive calls from people who have been injured, but who have not called us until after the general two year statute of limitations has already passed.

However, a different statute of limitations exists in Pennsylvania in cases of childhood sexual abuse.  Under the current Pennsylvania law, in many recent cases people who were sexually abused as a minor have until their thirtieth birthday to bring a claim against the person or persons responsible for the abuse.  That means that even if the childhood sexual abuse happened many years ago, as allegedly happened in many cases in the Penn State scandal, a person who has not yet turned thirty years old may still have a right to bring a claim against the person or persons responsible for the abuse. 

If you or someone you know was sexually abused as a child, it is important to be aware that your legal rights may extend beyond the general two year statute of limitations for most personal injury cases.  However, it is critical to realize that this extension to the statute of limitations may depend on when the sexual abuse occurred, so you should contact an attorney to determine your legal rights as soon as possible.  Stark & Stark has many lawyers experienced in all aspects of personal injury law and other areas of civil litigation, and we are available to discreetly answer any questions you may have regarding your legal rights.

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The snow will begin to fall soon and our kids will want to ski or snow board. It is important to keep in mind when doing these activities that your kids should ALWAYS wear a helmet. As many of you already know, a helmet reduces the risk of serious head injury.

By way of suggestion, before selecting a helmet for your child you should look at a few things:

1. Select a helmet designed for the sport. A helmet used for skiing and snowboarding , for example, provides more protection against impact then a bike helmet does.
2. You should check that the helmet meets appropriate safety standards. A helmet used for these sports should have one or more of these labels.: ASTM, CEN or Snell Memorial Foundation. 
3. You should get a helmet that is brightly colored. It will be more visible on the slopes and at night, helping you to spot your child.
4. Buy a helmet that fits correctly.  So many of us buy a bigger size thinking we will get more use out of it because our child can grow into it. To adequately protect your child, you shouldn’t be able to move the helmet back and forth or side to side.
5. You should also get goggles and take them with you when getting a helmet to make sure the goggles fit with the helmet so that your child’s field of vision does not become blocked.

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