Legal Question in Personal Injury in Pennsylvania
damage to auto
My car was backed into by snow removal equipment. My insurance company tried to collect for 4 months, then told me that there was nothing they could do because the equipment is ''self insured''. If I wanted to collect I would have to take them to court. Is this correct? I'm concerned because this company also does the yearly landscaping. If they damage my house, can they say no, we aren't paying? I live in a townhouse and this company is hired by the homeowners association.
1 Answer from Attorneys
"self insured" damage to auto
"Self insured" generally means that the company doesn't have any insurance at all, and all claims are paid straight out of their pocket. It is illegal for individuals to do this, but companies can do it.
Self insured does not change anyone's liability for the damage that they cause -- you break it, you bought it, the insurance / self-insured just determines who pays for it. Regardless whether they're insured or self-insured, the only way to force anyone pay anything is to take them to Court.
If your insurance company is unable to collect, that is their problem, not your's. The insurance company should still pay for your damages, the question is whether they will "subrogate" (that is, buy from you) your potential lawsuit against the snow equipment company, or if the insurance company wants to write it off as an uninsured motorist.
Either way, the insurance company should be doing the heavy lifting for you on that claim, and you should push them to do it if they're dragging their feet and refusing to fix your car. Regarding the damage to your house, if the company did in fact damage your house you would still have complete rights to sue them for the damage they caused.
* Please note this post is not "legal advice," it is a general public discussion. For a professional analysis of your situation, you should formally retain a licensed attorney.