Legal Question in Civil Litigation in Pennsylvania

I was involved in an accident. The other persons insurance company accepted 100% fault and he was charged with a violation. The insurance company totalled my car. They covered the cost of a rental vehicle for 14 days, but because I did not have full coverage on my vehicle, I had to purchase rental coverage at $18.00 per day. The insurance company will not cover this. It ended up costing me almost $400 for the rental. I don't believe that I should incur ANY cost as I was 100% NOT AT FAULT! If the insurance company refuses to pay the additional rental expense, can i take the vehicle owner that hit me to small claims court to recover my losses.


Asked on 8/12/09, 6:03 pm

2 Answers from Attorneys
Solomon Weinstein Solomon Weinstein, Esquire

You should be able to sue the other party for any damages that you had from the accident that were not reimbursed. Did you you suffer any physical or emotional injury from the accident. If so you may also be able to cover for pain and suffering. This involves review of any injuries and may involve the typre of insurance you have ie. full tort or limited tort. In any event I would suggest you speak with an attorney before resolving any issues with the opther driver's insurance company.

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Answered on 8/18/09, 10:17 am
Daniel Cevallos Cevallos & Wong, LLP

This is a very common problem, and the insurance companies are often resistant in just this way. Depending on the respective coverages and policies, you may be able to recover all of these costs, and not just for injuries sustained. Feel free to call our offices to discuss before you accept anything as final from the other side. My direct line is 267.639.3105.

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Answered on 8/18/09, 11:49 am


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