Legal Question in Insurance Law in Pennsylvania
My daughter was dragged
My daughter was offered a ride home after a
practice one night. The girl who offered
didn't tell her mother of the arrangements.
When the mother arrived, her daughter got in the
front while my daughter got in the back.
The mother didn't notice my daughter getting in.
So while my daughter was half in the car, the
woman took off. My daughter lost her balance,
dragging her leg on the tar. The mom dropped her
off at home, not telling us of the accident.
My daughter went to the ER. We got insurance info
from the woman, but medical is ''no fault'' in PA,
so her insurance didn't pay for anything.
My daughter�s had months of physical therapy and
tests before dr.s finally decided to operate. Now
we are over the amount our car insurance will
cover. My daughter's also lost time from work
(dr.'s orders) because she is a dietary aide and
couldn't stand or walk for long periods of time. I
don't think our health insurance should cover this,
since it was an accident that wasn�t our fault. Am I
right in thinking this?
What exactly can we ask for compensation on,
and how do we go about submitting a claim to
this woman's insurance? Is this something we
should pursue with a lawyer?
1 Answer from Attorneys
Re: My daughter was dragged
In Pa. your own auto insurance co. pays your own medical bills, no matter who is at fault. Therefore if your daughter is covered by an auto policy, that company will pay the medical bills. If the auto policy medical payment coverage becomes exhausted, then your daughter's health insuance company, if any, is obligated to pay the excess bills. The mother may have been negligent, in which case your daughter can sue for her pain and suffering, and any unpaid lost wages and excess medical bills. You should consult an attorney to review a possible claim. Please contact me if I can be of more assistance.
Richard Teitell, Esq.
610-668-6424