Pennsylvania Car Accident Legal Questions

Your girlfriend should definitely speak with a personal injury lawyer. it may not matter at all that she was not on your insurance. But if she has a herniated disc, she may have a good personal injury claim against the other driver. When she calls the lawyer, she can also ask whether she may be eligible to receive any other type of benefits such as short-term disability, long-term disability, Social Security disability, or any other type of disability benefit. If she wants a free consultation, all she needs to do is ask. Eric A. Shore ... Read More

It's possible.  Not only will she lose the money it costs to repair or replace her car, her insurance would be liable for your negligence in driving the car with her permissioni, which means that her insurance rates would go up.  If you are going to use the car on a regular basis, it is likely that her insurance would go up.  And, if she doesn't have insurance, or if it doesn't cover all of the damages caused by the accident, it is theoretically possible that she could be held liable for damages you cause if she was  negligent in entrusting you to drive her car (for example if you don't have a license, or habitually get into accidents).... Read More

From your description of the matter, it appears that the liability insurance company for the other driver wants to settle and thereby forever close out any claims which you may have arising from the accident.  So, probably they will want you to sign a document known as a release in exchange for the small payment of $100.00.  The release document will likely state that you are forever giving up any and all claims, which are both currently known and unknown, arising from the accident.  Your decision whether to accept the $100 in exchange for the release should include an evaluation of whether you suffered any injuries or have incurred any expenses in connection with the accident.  ... Read More

Assuming that you were paid by your insurance company for the damage to your car, and you were not paid by the insurance company for the drunk driver, you could assert a claim for lost wages if you missed work because you did not have available transportation.  If, however, you were paid by the driver's insurance company, you may have been asked to sign a release which potentially could preclude any additional claims.  Under the facts described, I do not think that you could recover for stress under Pa. law.... Read More

Do you have any paperwork related to your settlement?  If you were a minor the court would have likely entered an order and the order would have included instructions for your share to be placed in trust for you.   The attorney who handled the case should certainly help  you and you should go back to that attorney. Tell them if they do not help you, your next phone call will be to the local bar association to report him or her and make a claim as to a fee dispute.  If you have a basis, the employees of the bar association will help you from here.   Best of luck to you.... Read More

This police report is indicating that the car which struck you is at fault for striking you.  You were able to stop to avoid hitting the cars in front of you; the driver who hit you was "driving too fast for conditions."   That does not mean that there is no liability at all on the car in front for creating the situation.   It is all relative. If the car which struck you has coverage for rental vehicles, you can claim for that against his or her insurance company, since you have no collision coverage.  You should continue your treatment as needed. If you have any bruises you should take photos. You should also take photos of the damage to your vehicle.   Whether you have full or limited tort will also affect your ability to recover for your injuries.  You can learn more about this on my website at:    https://www.jjsassoc.net/blog/dont-get-fooled-get-full-tort/   All the best, Joyce          ... Read More

The extent to which you are able to make a recovery for personal injuries and lost wages may depend on a variety of factors, including whether or not you were covered by "full tort" or "limited tort" coverage at the time, the county where the accident took place, the county where the negligent party resides, the nature and extent of your injuries, your medical treatment, whether any health insurance subrogation lien will be asserted, and more. While they might seem fairly straightforward, even automobile accidents where one party is clearly at fault can be complicated. You should retain an attorney to investigate the details of your accident and negotiate with the insurance companies on your behalf.  I would be happy to speak with you about the specifics of your situation in more detail, if you would like. Please feel free to contact me directly.  Michael J. Davey, Esquire mdavey@eckellsparks.com 610-565-3700... Read More

Yes. It sounds as though the driver is not licensed--if he is licensed then his age is irrelevant. The insurance policy for the vehicle should cover the damage, up to the dollar amount of the coverage for property damage that was purchased by the policyholder.  The insurance company may contest coverage if the young driver obtained the car without his parents' knowledge or permission.  In that event, he and perhaps his parents would remain liable for the damage.  You should consult with a local attorney.... Read More

If the other driver was at fault, then that driver's auto insurance should pay for towing, repairs and rental vehicle (if you need one).  If you have collision coverage under your auto insurance policy, then you may want to consider letting your insurance company handle the matter.  However, if your insurance company pays, then you'll have to pay a deductible.... Read More

Both you and your employer could be held liable if the accident occurred when you performing your job duties.  Has your employer been sued--if not, the injured party may not be aware that you were acting within the course of your employment.  If your employer has been sued, then you may want to speak with your employer's lawyer to see if he/she intends to also represent you.  Alternatively, you may want to check with the local bar association to see if there a program that provides free legal aid to civil defendants who do not have money to hire an attorney.  If none of this works, you may want to talk to a lawyer about bankruptcy.... Read More

You would be entitled to the costs of repair.  If the costs of repair are greater than the market value, then you would be entitled to market value.  If the vehicle is repaired, but its market value has been diminished nevertheless, there is an argument that you should be paid for that loss of value.  It is very difficult to prove, but it may be worth making the argument when speaking with the insurance company.... Read More

Your own PA autmobile insurance coverage includeds PIP (Presonal Injury Protection) medical benefits which will pay for your accident-related medical bills. In addition, you may be able to recover compenstation through UM/UIM coverage, or a dram shop claim if the drunk driver was served at a bar/restaurant while visibly intoxicated.  ... Read More

You have not written enough detail regarding your daughter's injuries in order to provide you with a valuation as to your daughter's claim. One would need to know things such as her age, wage loss (if any), ongoing treatment, preexisting conditions, liens, outstanding bills, et cetera. Moreover, valuations are complex and based upon more than just a checklist that can be gone over in a web forum. I recommend that you contact a personal injury attorney in your area to ensure your daughter is able to recover as much as possible. If you do not know any, I would be happy to speak with you. My firm's number is (814) 452-6232.... Read More

There is no question but that your son has a legal claim, the issue is whether there is any insurance coverage for his injuries. IF, and this would require substantial investigation, the person who owned the car which struck your son permitted, or could be legally proven to have permitted ,the operator of the car (the drunk driver) which struck your son to drive the car, there may be automobile insurance coverage. It may also be possible to bring a claim against the establishments who served liquor to the drunk driver, although, again, the question would be whether there is insurance coverage. ... Read More

I know it isn't necessarily what you asked, but you need to be more concerned with the proactive approaches you can take to ensure your rights are protected rather than relying on the insurance company to take care of you. As such, the better question to ask is "How long do I have to file suit?" Typically, you have two years from the date of the accident to file suit. This isn't a very big window, so time is of the essence. You said you have limited tort, and I'm guessing the insurance company is telling you your claim isn't worth much because of it. That isn't necessarily true. You need to remember that the insurance company is not on your side--their job to is pay you as little as possible. An attorney can often find ways around this limitation depending on a number of factors. You said you were life-flighted and required many stitches. To me, this is extremely serious, and it sounds like the insurance company is trying to give you the run-around. With the limited tort and other issues you've described, I strongly advise that you contact a personal injury attorney immediately. My firm practices out of Erie, Pennsylvania, and handles auto accident cases all over Pennsylvania. If you do not have an attorney already, I would be more than happy to speak with you about your options. Whether or not you contact me, I strongly advise you speak with an attorney. I don't charge any fee unless I get you a recovery, and I'd be happy to answer any questions you might have without you having to commit to anything. If you're interested in speaking with me, I can be reached at 814-452-6232. Just ask for me by name when you call. If you call this afternoon, I might be in a hearing, but I'll certainly call you back by the end of the day.... Read More