Legal Question in Insurance Law in Pennsylvania

legal rights in a car accident

my car was rearended by a taxi. i had planned to move from pa. to colorado in five days . now my car will take at least 3 weeks to repair. i will have to pay another months rent on the apartment i have already arranged for and can not begin my job. what can i recover ? can i can i get the other party to pay for an airline ticket there and back so i can show up on time and fly back to get my car when it is fixed? what other rights do i have? i need all the help i can get. plus the longer i have to stay here the more of my saving for my move i have to use. pease help!


Asked on 5/06/98, 7:45 am

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Car accident, consequential damages

THere's really two questions:

1. What are you legally entitled to claim and prove as damages.

2. What is the taxicab's insurer going to be willing to pay to settle the claim.

Taxicab insurers are notoriously cheap, they go out of business regularly, and typically taxi operators set up a separate corporation for each taxi, with each having a minimum liability policy. So if you weren't injured, be thankful for that.

Clearly, you're entitle to the cost of repairing your car. And you're entitled to the cost of renting a replacement while your car is repaired. Insurers will generally recognize those costs.

The other type of consequential damages you're claiming are a little more remote.. Arguments can be made both ways as to whether those "consequential" damages can be recovered. This relates to questions of foreseeability and "proximate cause."

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.

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Answered on 5/27/98, 11:34 am


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