Legal Question in Personal Injury in Pennsylvania

1. You can sue both the driver & the owner of the other car. The owner may be liable if the driver was acting on her behalf in some way, like running an errand. Also, if the driver had his own insurance policy he will be covered, even though he was driving another person's car. You can sue in small claims court if you are seeking less than $10K for the value of your car.

2. I'm sorry your daughter was injured. I hope she makes a full & quick recovery! Your daughter is covered for medical, even if you have limited tort. All auto ins policies in PA have at least $5K med bill coverage under "no fault", & your policy may have more coverage. This means your auto ins co pays your own med bills no matter who is at fault, & your ins co can't do anything bad to you- can't raise rates or kick you out. The full tort (full right to sue) enables you & your family to sue the other driver for money lost which is not paid by your own ins co (like excess medical bills), & for pain & suffering (P&S). If you have limited tort (limited right to sue) you can only sue for P&S if your injuries are deemed to be "serious injuries". It's good you have full tort. If you have uninsured motorist coverage on your auto ins policy, your daughter may be able to have a claim for her injuries. If she seems to continue with symptoms, please contact me & I will glad to help her with that claim. I have handled these types of claims for over 25 years. There is no attorney fee unless a money recovery is made. Please do not try to do it yourself- you need an experienced injury attorney. In the meantime, I suggest not agreeing to any recorded statements with any ins co (even your own) or signing an written statement. Good luck!!

I would concur in the comments by Mr. Teitell. I would add that unfortunately, you will only receive the fair market value for the Jepp, not the replacement cost. Hopefully, you have Uninsured Motorist coverage. That will allow you to pursue the pain and suffering that your daughter endures. If not, you can sue the owner directly but you are not likely to get much more than a paper judgment. Please feel free to contact my office should you have any questions.

The fact that the man was driving an uninsured car does not mean there isn't insurance to cover him. There may have been other cars in the household, or he may own an insured car. If so, that insurance coverage would apply. If the man was truly uninsured, your daughter should make a claim for her pain and suffering under the uninsured motorist coverage that I hope you bought (assuming your daughter doesn't own her own car a d assuming your daughter lives with you).

There is also the issue as to which car hit which car first. Are you sure the rear car didn't hit the middle car first, forcing that middle car into your daughter's car. That must be explored.

You can always sue anybody for pain and suffering. The challenge is to collect! Most people accept an insurance settlement b/c it's usually very difficult to collect money from a human being.

Lastly, your full tort coverage will not have any bearing on the medical benefits available to your daughter. She's entitled to medical coverage regardless of your full tort selection.

There are about 100 different variables here, and the answers I've given are superficial. In order to get the absolutely correct answers, I'd have to spend about 15 minutes on the phone with you, asking you lots of questions. Please call to discuss (no fee to talk!).

Richard Senker 1 866 AUTOCRASH (toll free)