Legal Question in Traffic Law in Pennsylvania

Hit by a drunk driver, while driving a rental car...

Just before xmas 05 I was hit by a drink driver. I had been

driving a rental car, which I had also purchased the

insurance. I live in PA, where its THE LAW to have auto

insurance, I owned/lease a vehicle in PA, however I had

allowed my insurance to lapse..(BOO!! 2 me...I know) In any

case, I would like to know if anyone has been in a similiar

situation. The driver had isurance, but I dont know what it

will cover. My medical bills were covered by the rental

company, since I had purchased it. Since I didnt have

isurance on my vehicle I almost wasnt able to sue the guy,

but since he had be drunk driving that changed. Please help

with some advice. The guy actually owns a few local bars

--HOW BOUT THAT!! I did seek legal representation, but I

honestly dont think that they doing all the things they

should. I only think that because everyone is asking what

the heck is going on, it should be an opened and closed

case. The police reports shows it, the blood test shows it.

Any advice will be helpful....


Asked on 12/26/06, 11:56 am

2 Answers from Attorneys
Solomon Weinstein Solomon Weinstein, Esquire

Re: Hit by a drunk driver, while driving a rental car...

You should ask your attorney for an update on your case. You should be able to ask them questions you have presented here. If you are unhappy with your representation you also have the option of finding new counsel.

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Answered on 12/26/06, 1:43 pm
Jay Hochberg

Re: Hit by a drunk driver, while driving a rental car...

I agree with Mr. Weinstein.

Additionally, let me explain how the law works in your case. Because you do not have insurance, you are not allowed to recover first party benefits (i.e. - your medical bills). This doesn't matter to you, since those bills were already paid.

The good news is that you ARE allowed to recover money for pain and suffering if the individual who hit you is either convicted of DUI or pleads no contest and receives a diversion program. (Under the law, someone without insurance is deemed to be 'limited tort' and a DUI conviction is an exception to the bar on pain and suffering lawsuits for those with limited tort.)

Good luck.

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Answered on 12/26/06, 1:50 pm


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