Legal Question in Insurance Law in Pennsylvania

Uninsured driver in accident

Due to financial problems I have no car insurance. Two weeks ago my car was hit as i was making a legal turn by the girl behind me. She admitted fault, said she wasn't watching. The accident and her words were witnessed by 4 onlokers. But i didn't call police. Her ins. co. won't look at my car now. They say it was partly my fault for not using my signal (i did). Can i sue them without ins? is there any other way? the ins. co is basically ignoring me.


Asked on 11/25/98, 4:02 am

1 Answer from Attorneys
William Marvin Cohen, Placitella & Roth, P.C.

Re: Uninsured driver in accident

Good thing you weren't hurt (I assume) because driving without insurance does forfeit your right to certain types of medical insurance. And while I'm on the soapbox, I should say that if you can't afford insurance, you can't afford to drive.

But legally, under Pennsylvania law, your violation of the mandatory insurance law doesn't affect your right to recover the cost of damages to your car. It's not surprising that the insurance rep would come up with a flimsy excuse to disclaim responsibility.

You are perfectly within your rights to sue the girl (the insurance company will defend her) for the costs of repairs and a rental while the repairs are done.

The judge will have to decide where the fault lay, but generally drivers are to maintain an assured clear distance so they don't run into other vehicles, whether or not they have turn signals on.

William Marvin

Law Offices of William D. Marvin

947 Old York Road


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Answered on 1/07/99, 2:18 pm


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