Legal Question in Civil Litigation in Pennsylvania
Insurance claimed must be made before civil action
I am being sued in a class action suit by the neighbor of the mother of a boy whom we had in our care gratis due to the illness of his former guardian, the care was to be for a long weekend and we did not at the time know the location of the mother. Not until we were pressed to change schools, which was already 5 mos. later,for the boy because of residency did we need or seek to have a notarized guardianship, I finally located the mother. seen his family It was our desire to reestablish relationship and continue to discern what might be in everyone's best interest. I took him for two visits, one in March and one in April, and then in May ask if she would take him for a day, Sat. 2:00 P.M. thru Sun. 6:00, Mem. Day weekend. While visiting the mother, she let him unsupervised and he rode a sister's bike crashing it into a parked van. The vehicle was damaged and she tried to get me to accept responsibility for the liability. I said no. So the neighbors are filing suit against both of us. I understand through a friend that in PA. It is unlawful to file a suit for damages until a claim has first been made through insurance. Is this so? Where could I find this law written?
2 Answers from Attorneys
Re: Insurance claimed must be made before civil action
no a demand does not need to be made
Re: Insurance claimed must be made before civil action
I suggest you notify your homeowner insurance carrier if you have any of the law suit. Otherwise you must retain private legal counsel. You may have a valid defense but unless you file an anwer to the lawsuit a judgment will be entered against you. DO NOT LET THIS HAPPEN. SEEK LEGAL COUNSEL IMMEDIATELY OR YOU WILL FORFEIT SOME OF YOUR LEGAL RIGHTS. DO NOT WAIT. Gerald M. Hershenson 215-579-9390