Legal Question in Insurance Law in Pennsylvania

injured while a passenger in someones elses car

yes i was a passenger in my mothers car we were struck from behind by another car. my mothers insurance is paying for my medical bills but they told me the other guys insurance will pay me for my time off work and for pain and suffering. i have a car but do not have insurance on the car due to the fact it needs to be fixed so i have not been driving it. i am 5 mnths pregnant and have minor injuries the other guys insurance states that i can not sue for pain and suffering since i own a car and don't have insurance on it is this true. his client took full responsibility


Asked on 3/31/03, 3:58 pm

2 Answers from Attorneys
Scott Diamond DIAMONDLAWYER

Re: injured while a passenger in someones elses car

if the car is not driveable you may be entitled to a recovery. You need to establish that your car was uninsured for a valid reason. Generaly, the vehicle must be unregistered. But if is truly not driveable at the time you were hurt you may have a claim. OTherwise, you are ou of luck.

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Answered on 3/31/03, 4:12 pm
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: injured while a passenger in someones elses car

The other ins co is referring to something called "limited tort." Without getting into a big explanation at this time, that restricts your ability to make a claim against the other driver. However this will not apply in your case. You should not speak with the other ins co any more. As nice as the adjuster may seem, his/her job is to limit the amount of money you receive, zero if he/she can do it. You need to speak with an attorney who is experienced in personal injury claims. Please cll me if you would like to discuss your claim in more detail. Richard Teitell, Esq.,610-668-6424

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Answered on 3/31/03, 5:23 pm


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