Legal Question in Personal Injury in Pennsylvania
my son is 14 and was hit by a car .He was in the crosswalk when he was struck . There were 7 witness and they said all said she blew the light except 1 .Accident investigation did invesigate and gave the driver a ticket for disgarding the red light.We had gone to traffic court they they threw the ticket out .Now this girl has no tickets .Meanwhile my son has substained multiple damages besides perminant damages. Now on top of this we where told that you can not sue her and her insurance is that correct @ the same time .It must be one or the other .Plus my son has missed 50 days of school.and has had 3 surgerys due to this. Also ACCIDENT INVESTIGATION did not come right out to investigate .The only reason they did was because I had made a number of calls. Me and my husband had missed alot of work and I had to withdrawl from college to care for my son. This girl her liablity is 15,000. I thought when u take such a little policy you are reliable for the rest when you do not have enough on your policy. I do not understand pa laws .
5 Answers from Attorneys
First and foremost, you have my deepest symphathy. I have two young children as well, so I can only begin to imagine how frustrating this whole experience must be.
You did a great job explaining your situation, but I would prefer to ask a few more questions to make sure I give you a fair assessment. If you have a few minutes, please call my office at (877) 699-7800 so that we can get some critical details--so that you can get some straight answers.
Again, my thoughts are with you and your family.
Generally, you can go after the person for amounts beyond the insurance coverage, however, this is often times hard to do because the person may not have sufficient assets to cover damages beyond the liability insurance that they carry.
Feel free to give me a call for a free consultation if you would like to discuss this further.
Justin C Gearty Jr
717-490-6325
http://www.geartylawoffices.com
DISCLAIMER: This post is for educational purposes only and does not create an attorney-client relationship.
Yes, you can sue the driver of the car. The fact that her tickets were thrown out does not mean that you cannot sue.
You can pursue an "excess verdict" that is over the amount of the insurance coverage and try to collect the difference from the other driver. However, collecting the difference can be difficult if the other driver does not have any assets.
Feel free to call me at 610-584-9400 if you hav any further questions that I can address for you.
It's difficult to tell you all you need to know in a short note. You should speak w/ an experienced personal injury atty in your area--I can't determine what part of the State you live in. If you want names of experienced attys in your area, call me--I will give you several names (maybe me!) or try Google. Feel free to call me (no charge) to discuss. I will ask you some questions and point you in the right direction.
Richard Senker (610) 279-1600 or 1 (866) AUTOCRASH (toll free)
www.autocrash.biz
I'm very sorry your son was injured!! I hope he is doing better. You received bad advice. You can certainly sue for the injuries suffered by your son. I've been handling these types of cases for over 25 years. It would be too long to type a long note to you. Please feel free to contact me office to discuss this matter. There is no attorney fee for speaking with me. In fact there is no attorney fee unless we make a monetary recovery. In any case, good luck!!
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