Legal Question in Criminal Law in Pennsylvania
District Magestrate Juristiction
I was inviolved in an auto accident in North Huntingdon township. The second parties vehicle struck the third parties vehicle that was in front of him. I then struck the second parties vehicle.The second party had no auto insurance policy. I did not enter a claim to my insurance as there was no damage to my vehicle. I recieved a certified letter from the district magestrate from the neighboring township where the second party resides. I have several questions pertaining to my situation.
1. Do you have to file your case in the township the accident occured in or the township you live in ?
2. Is my insurance company obligated to pay out to an individual whom has no insurance policy even if it was determined to be my fault ?
3. If my insurance states i was not at fault can the second party still attemmpt to recoup damages to his vehicle by sueing me personally instead of my insurance company ?
1 Answer from Attorneys
Re: District Magestrate Juristiction
Your question is confusing to say the least. However, to answer your first query, you must file your action (before a District Justice) either in the DJ jurisdiction where the accident occurred or where the Defendant(s) reside. DJ boundaries are determined by population and County lines so the township might not have anything to do with where you file;
Second, your insurance company may be obligated to pay someone without insurance, however, this area of the law is tricky and I would need more facts to provide a proper answer;
Finally, in most cases your insurance company is obligate to honor your policy (contract.) This means that the carrier should either pay the limits of your policy (which could leave you personally liable for any additional amount) or provide you with a defense, including an attorney. As I am sure you realize, it is always better to purchase a policy that has a large liability coverage amount. I recommend at least $100,000.00, something that costs only a few dollars more a year.
Please contact me if I can be of any assistance.
David L. Bargeron, Esquire
610-972-6610
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