Legal Question in Insurance Law in Pennsylvania
Auto Accident
I was involved in an accident on April 3, 2006 in which my car was totaled and I was ruled not at fault. I live in MD but the accident occured in PA. The other drivers insurance is trying to get me to settle with them. My wife who was in the car is still having medical problems of which we do not know the full scope of yet. I know the statute of limitations for PA is 2 years from the date of the accident. I know that if i settle I am no longer able to receive medical compensation from the other insurance company, but what if I do not settle and the statute of limitations expires? If my wife is still ailing will her medical bills be covered after the two years have passed? How can I ensure that her medical bills will be covered?
3 Answers from Attorneys
Re: Auto Accident
Most likely, you and your wife will have no claim after two years.
Here is the most critical part for you to know: no one here can tell you precisely what statute of limitations, or what tort / limited tort, or what insurance, or anything else, will apply to your accident. That requires a detailed, in-person review by an attorney.
Generally, the expiration of the statute of limitations forever bars the claim. While it's possible that a potential defendant would feel an obligation to compensate a victim even in the absence of potential legal action, that has not been my experience with insurance companies.
Unless you decide to settle it yourself, you should speak with an automobile accident attorney as soon as you can. Don't wait until just before you think the statute of limitations expires -- doing so can expose you and your attorney to a host of problems.
There are attorneys at my firm that handle auto accidents if you'd like to speak with them. If not, there are numerous resources for finding an attorney, including this website and the Pennsylvania Bar Association.
Re: Auto Accident
You should give our offices a call as soon as possible. If the statute of limitations is approaching, you should have an attorney deal with the insurance company as soon as possible. Feel free to call our offices. -Danny Cevallos
Re: Auto Accident
I am a Maryland attorney and who has worked settlements for many cases to include those involving jurisdiction in another state.
You are correct with the statute of limitations for tort actions being two years in Pennsylvania. You may also want to know that Pennsylvania defines an action of bad faith against an insurance company as a tort action, thus the two year limitation period applies. Once again, I am not a Pennsylvania attorney but, if such should be needed to pursue your case then suitable representation can be arranged.
I have years of experience with personal injury claims, which includes extensive knowledge of medical matters and insurance companies. Kindly contact me to discuss your case.
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