Legal Question in Personal Injury in Pennsylvania
DUI / Hit & run in PA
I was struck by a drunk driver who fled the scene, but was arrested 30 min. later, thanks to myself & a witness' description /plate #. She resisted arrest, was maced & taken to the hospital for blood/alcohol testing, and was charged. My vehicle was totalled, went to ER where I was told I had a fractured vertebrae & thumb. Later, a radiologist read my x-rays & determined there were no fractures, but I am experiencing alot of back & neck pain, the thumb seems to be healing well. My Dr. has me going to physical therapy for the neck/back issues. I have full-tort insurance. My questions are: 1) What amount of punitive damages would be fair & reasonable? 2) How do I determine what her policy limits are? 3) If she has the state minimum ($15K), what issues will I run into filing against my own under-insured coverage? 4) Will my medical expenses (being paid by my own ins. co.) be deducted from any settlement? Sorry this is so long - thank you very much for taking the time to assist me!
5 Answers from Attorneys
Re: DUI / Hit & run in PA
You may also want to determine where this person was drinking & who sold the alcohol to them? Were they served alcohol while visibly intoxicated. It is possible that you could also have a Dram Shop claim against the establishment that served the drunk driver. Feel free to contact me if you would like to learn more about this.
Re: DUI / Hit & run in PA
It is difficult to put a value on punative damages.in addition you may not find out the policy limits until you file suit or try to settle you need to lopkm at your own policy for your coverages. You math end up in some complicated situations dealing with these issues
Re: DUI / Hit & run in PA
1. Most Courts would not award "Punitive Damages," just general damages, which is better for you as her insurance company would not pay "Punitive Damages"
2. Post Complaint filing, Discovery is used to obtain coverage information.
3. underinsured coverage may be "stacked" and depends on your damages.
4. Medical bills paid by your PIP carrier are not refundable. You may be obligated to pay copays and deductibles, as well as reimbursement of any lienable items such as Medicare.
Re: DUI / Hit & run in PA
Answering your questions in reverse:
- medical expenses paid by your car insurance will not be deducted from your settlement nor, in most instances, will any payments made by a health insurer. Generally in PA there is no right of subrogation against an auto accident recovery.
-There are numerous issues regarding an underinsured claim. The first you need to be concerned about, after you have notified your company of a potential claim and received confirmation of your limits, is that you make a full recovery against the other driver's insurance.
-You can ask her insurance company about her limits but they do not have to tell you.
-There are too may factors to really answer your question about punitive damages. Keep in mind that the insurance company likely has no obligation to pay punitive damages which would then have to be collected from the person.
Re: DUI / Hit & run in PA
It would be a mistake for you to try to handle this yourself. You should consult with an experienced injury lawyer. Please feel free to contact my office to discuss further. Good luck!!
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