Legal Question in Insurance Law in Pennsylvania
Accident with a person who does not have insurance
I had an accident with lady who does not have insurance policy, my policy just has liability coverage. The lady has not paid her insurance premium so her policy is cancelled. My car is totalled. She is in PA and I reside in NJ. Can I sue her?
2 Answers from Attorneys
Re: Accident with a person who does not have insurance
you can sue her, you just may not be able to collect. If you were injured, you may have an uninsured motorist claim against your own company.
Re: Accident with a person who does not have insurance
You most assuredly can file a suit for your damages and injuries. If the accident occurred in Pa. you automatically have full tort rights. (this means you can recover non-economic damages such as pain and suffering without regard to the severity of your injuries).
I have represent individuals in your situation and would very much be interested in discussing this matter with you. Please contact me directly.
David L. Bargeron
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