Legal Question in Personal Injury in Pennsylvania

Insured motorist involved in accident with tractor trailer who is at fault.

Driver of auto has no license or auto insurance and is struck by a tractor trailer. Police report states that truck is at fault. Trucking company's insurance carrier states that driver of car should turn medical bills, etc. into their own insurance carrier, but she doesn't have any insurance. Trucking company's insurance carrier did make payment for vehicle loss and had previously made an offer for personal injury, but has since withdrawn offer. Is the trucking company's insurance carrier resonsible for medical bills and lost wages?


Asked on 9/03/03, 8:59 pm

1 Answer from Attorneys
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: Insured motorist involved in accident with tractor trailer who is at fault.

1. If truck driver at fault (negligent), trucking co obligated for non-economic (pain & suffering) damages, even though no ins or license by injured driver.

2. Was the injured driver also the owner of the uninsured vehicle? There was a recent case, within the past several weeks, which addressed whether or not the trucking co would be responsible for some economic loss where injured driver was owner of uninsured vehicle. I believe Court held no, but I would lkie to re-read the case if I was giving you a definite opinion.

3. If injured driver not the owner than a state plan, called the Pa. Assigned Claims Plan, is obligated to pay med bills & lost wages, up to a maximum of $15,000, & injured driver can still sue truck co.

4. Contact me if you would like to discuss/proceed on this claim. Richard Teitell, Esq- 610-668-6424. Hope the above helps!!

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Answered on 9/03/03, 10:07 pm


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