Legal Question in Civil Litigation in Pennsylvania
My son was in an accident in his grandmothers car. she lives with us. we have full tort she has limited tort. Which insurance will he be able to use for pain and suffering?
2 Answers from Attorneys
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This is a pretty complicated question and requires more facts before a determination can be made. The tort election will depend on the specifics of the living arrangements and whether the son is a named insured on either policy. Generally, if there are conflicting tort options for an �insured,� the insured is covered by the one for the vehicle at the time of the accident. Of course, there are a number of unstated facts that could impact the tort election. (For example, did they sign the proper sign-down forms? Was the other vehicle registered out of state? Was the other driver under the influence? What are the injuries?).
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