SEPTA Accident FAQ

If you are not too seriously injured, try to obtain:

• The SEPTA vehicle number
• A SEPTA Incident Card
• The name of the driver
• The approximate time of the accident
• Contact details for witnesses and other victims
• Weather conditions
• Photographs of the scene of the accident
  
  

It is VERY Important to fill out a SEPTA Incident Card! If the driver does not offer one, please ask! If you don’t do this, it’s OK. It just makes it easier to confirm you were on the SEPTA vehicle.

Whether you file a claim against SEPTA or against another government bureau (for a school bus accident, for example), special conditions apply. In a negligence claim against SEPTA, for example, you must file a claim notice with SEPTA within six months of the accident. You must keep your SEPTA Incident Card. Other restrictions apply as well, so it is best to get the help of an experienced Philadelphia SEPTA Accident Lawyer.

Yes. The maximum compensation is $250,000 per person and $1,000,000 aggregate per accident, no matter how many victims there are. The aggregate limit could be problematic if your damages are high and there were dozens of people injured in the accident.

It is possible, although most cases do not qualify for punitive damages. To qualify, you must:

• qualify for compensatory damages by proving that the defendant is liable for your injuries; and
• prove that the at-fault party (usually the bus driver) acted in a malicious or grossly negligent manner (“ordinary negligence” is not enough).

Compensation is tax-free. Injury damages are not taxable. Nevertheless, punitive damages are taxable, and so is the interest on any judgment. Consequently, if you receive a verdict or settlement, it is best to clearly specify in writing how much of the total amount represents injury compensation.

The best strategy is usually to seek settlement first, but file a lawsuit if SEPTA is uncooperative or makes a low-ball offer. You can then return to the settlement table and seek an out-of-court resolution while you wait for trial. Most SEPTA claims are resolved before trial.

SEPTA, like other government entities, enjoys a limited immunity from lawsuits (since any award would ultimately be paid by taxpayers). However, it is still possible to sue SEPTA for a tort claim such as a vehicle accident. Certain special conditions apply to lawsuits against the government.

If a SEPTA accident is caused by an uninsured third party, SEPTA uninsured motorist insurance will pay up to $15,000 per victim and an aggregate of $30,000 per accident – no matter how many victims there are. $30,000 is very little if it has to be divided among multiple accident victims. This means you must act quickly if there are more than two victims, because not everyone can be fully compensated.

Whether you file a claim against SEPTA  or against another government bureau (for a school bus accident, for example), special conditions apply. In a negligence claim against SEPTA, for example, you must file a claim notice with SEPTA within six months of the accident. Other restrictions apply as well.

Mediation occurs when both parties agree to retain a third party (typically a retired judge) to help them reach a voluntary compromise. When terms are agreed upon, both parties sign a binding mediation agreement that works like a contract between the two parties – the victim agrees to abandon the claim in return for the settlement promised by the defendant.