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?


Asked on 4/26/01, 10:06 am

1 Answer from Attorneys

Richard Teitell Richard K. Teitell, Esquire, P.C.

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

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Answered on 6/18/01, 9:31 pm


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