If you suffer an injury while riding SEPTA (Southeastern Pennsylvania Transportation Authority), you can sue the public transit authority for injury damages. Negotiating your settlement with SEPTA requires knowledge of your rights under Pennsylvania law and the strategies SEPTA lawyers may deploy to delay the settlement process and stall your injury payment.
To help prepare you for the road ahead in your SEPTA case, let’s explore common strategies SEPTA uses to delay settlement payments.
SEPTA Claim Denials
Before we explore potential delays to your settlement, let’s review the potential reasons you might first receive an outright claim denial from SEPTA.
SEPTA and their insurance teams may use the following reasons to deny your settlement claim:
“The Vehicle Wasn’t In Operation”
Pennsylvania law allows you to sue SEPTA for injuries that occur while the vehicle is in operation. SEPTA’s legal team will attempt to deny claims involving a stationary bus, even if the key was in the ignition and the motor was running. In past cases, they have argued that SEPTA was not responsible, for example, for injuries that occur when a driver has stopped to let passengers off a SEPTA bus.
“The Sudden Stop was Not an Extraordinary Event”
Under the “Jerk and Jolt” doctrine, a sudden stop must be “extraordinary” for you to hold SEPTA and their insurance firm responsible for an accident. The challenge for injury victims is that the definition of an extraordinary stop is at a judge’s discretion. As a SEPTA accident victim, you will require an experienced SEPTA injury lawyer to represent you and explain why your claim meets the extraordinary standard under the law.
“The Claim Was Not Made Under the Proper Procedure”
If you attempt to sue SEPTA for injuries without filing a Notice of Intent within six months of your accident, SEPTA has a legal right to deny your claim. There are specific rules for filing an injury claim against a public entity. Your personal injury lawyer can help you file your Notice of Intent, collect evidence, and ensure you follow all steps in the legal filing process to the letter.
Delay Tactics SEPTA May Use in Your Accident Case
Requesting More Evidence
The insurance company may delay your claim by requesting more evidence at the last minute when you expect a payment. This delay strategy is common in more complex injury cases involving multiple parties and insurance stakeholders. Your SEPTA accident lawyer will provide a comprehensive response to all requests for evidence and ensure all possible evidence is presented as early as possible in negotiations to mitigate this potential delay tactic.
Failing to Return Correspondence
In injury cases, insurance companies often delay payment by saying they cannot reach you or your lawyer. Because SEPTA cases involve strict timelines, a failure to return calls, emails, and letters can stall your settlement progress. Your lawyer will play a key role in following the filing procedures and following up with SEPTA and their insurance representatives to keep communications on track.
Delaying Sending Accident Data
SEPTA and their legal teams have access to the data regarding their vehicles, drivers, schedules, and vehicle maintenance teams. This data is crucial in settling SEPTA claims, and you will likely need relevant information from SEPTA to prove your case for a settlement. SEPTA may delay sending the data as you get closer to Pennsylvania’s two-year Statute of Limitations on your case, potentially costing you the entire settlement or influencing you to settle for a lower compensation amount.
Hire a Skilled Settlement Negotiator for Your SEPTA Injury Case
With family responsibilities and a working schedule to maintain, you don’t have time to deal with delays in your SEPTA injury settlement.
Put decades of experience to work in settling your claim with the public transit authorities and book a free SEPTA case review with Jeffrey Penneys. When you choose to hire Jeffrey Penneys for the case, you don’t pay unless you win a settlement from SEPTA. Call 215-771-0430 now or book your septa case review online to take the next step in your injury recovery process.