Legal Question in Personal Injury in Pennsylvania
Auto Accident
I was in a auto accident and was injured and missed 3mts of work. The accident was the fault of the other driver. I was rear ended at a red light.
I had to take my earned sick time to be able to pay my bills at home. About 15k.
I did get about 2500 from my policy, but that no where near of the money I lost because of the accident.
These sick days were built up from 18 years on the job. Now I have 0 sick days and will not get paid if I get sick or need them for something else.
I would of got these sick days paid to me when I retire in a few years.
Do I have the right to be rembursed for all these days from the at fault Ins. Company.
4 Answers from Attorneys
Re: Auto Accident
Dear Sir/Madam:
The short answer to your question, in my opinion, is "yes".
However, I need to know more facts about your case to give you a more full answer to your question. You are entitled to be compensated for any/all reasonable and forseeable work related damages (including vacation days used).
I am an attorney who handles cases such as yours in PA, NJ and FL.
Please email me at the address below.
Perhaps I can help you out a bit.
Len Haberman, Esq.
Re: Auto Accident
The answer is yes, you do need an attorney to represent you, to get actual legal advice based on all the facts. But that wasn't your question, I know.
The basic rule is that a defendant is not entitled to any credit for insurance or other benefits that a victim may have. The victim paid for them, not the defendant.
However, in auto accident cases, PA insurance law has changed a lot of the traditional rules, and it depends on the nature of the benefits you received, and possibly the options on your own insurance policy.
You may also be entitled to income loss benefits from your own auto insurance, under PIP coverage.
If the other driver didn't have enough insurance, then you may have a claim under your own Underinsured Motorist coverage. But all those issues depend on various things so you really need an attorney. Unless the at fault driver's insurance company's already offered the policy limits and you don't want to pursue any other angles.
Re: Auto Accident
Yes. You should be making a claim against the at-fault driver's insurance company for lost wages, unpaid medical bills, and, most importantly, pain and suffering. I'm biased, but I'm convinced you'll get far more money if you're represented by an experienced personal injury atty who knows how to manage cases like yours, knows how to "package" your case, and knows how to "sell" it to the at-fault insurance company. Please call (toll free) if you want to discuss.
Richard Senker 1 866 AUTOCRASH
Re: Auto Accident
The short answer is yes. It sounds like a serious motor vehicle accident that requires the assistance of an attorney experienced in this area. Do not settle any portion of the case until you are sure that all available coverages have been exhausted. There may be layers of insurance from both the at fault party, and within your household. Please contact me to discuss further.
Jim
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