Legal Question in Traffic Law in Pennsylvania

Vehicle Accident , Insurance CO. Reponsibility

My 15 year old was a passenger in a car (in-which she was a passenger) The accident included 1 fatality. The only injury my daughter received was redness of the eye. She was seen in the ER. The insurance company for the individual (who was responsable)for the accident began calling w/in-weeks. The agent with that Insurance Co stated the laws in Pa state that it is my insurance that must cover it. Then she went on to ask repeatidily if there was any intention on my part to sue. As she stated.. they wanted to know this for all parties because ''there is only a small pot of money, and if anybody is going to sue ...nobody is getting very much. This was a horriffic accident that involved 3 vehicles and 1 fatality. Are these facts indeed true that I must pay for my daughters hospital, bill not them? I find several issues with the things she stated. However, if she is indeed correct I want to get on with getting that bill paid at the ER. Do you feel as though I obtain an attorney and sue, as well?


Asked on 10/13/08, 7:38 pm

2 Answers from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Vehicle Accident , Insurance CO. Reponsibility

You asked about whether you should sue the responsible party in connection with an accident.

Attorneys believe everyone should sue for any injury. During the pendency of a suit the adverse parties are much more likely to consider a reasonable settlement.

You should consult with an attorney. Generally a party injured in a motor vehicle accident must first look to their own insurance coverage. If the injured party does not have insurance coverage or the injuries exceed the coverage then the injured party can look to the proximate insurer and then up the line to the insurer of the responsible party. In your case if you are underinsured then you would look to the insurance of the vehicle in which you were an occupant. If that was insufficient you would look to the insurance of the responsible party (assuming that the proximate and responsible parties are not the same).

In any case, any settlement received should consider legal fees. It is immaterial as to how much any party has to cover the damages as that is only a matter after all claims have been made. Remember, the insurer is out to keep costs as low as possible. They count an parties settling for low amounts before an attorney gets involved. The insurer is not concerned that the injured parties are property compensated, rather they seek to obtain a low and final sum to settle a matter.

Get an attorney and plan on settling the matter. Hopefully you daughter has come through this matter well. But be cautious that she may need to be examined by a specialist and should also consider speaking with a therapist to make certain that she has emotionally processed the events properly. These would also be covered in any settelement or judgment.

Regards,

Roger

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Answered on 10/13/08, 8:09 pm
Daniel Cevallos Cevallos & Wong, LLP

Re: Vehicle Accident , Insurance CO. Reponsibility

You should speak to an attorney immediately to preserve your rights. Feel free to call our offices. There is no formal determination of fault until a jury says so...don't let them tell you what to do.

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Answered on 10/13/08, 8:45 pm


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