Ask Anna: Pennsylvania Auto Accident and Injury Claim

by Anna Glendenning | More from this Blogger

31 Jan 2007 06:21 PM

Question: Left as a comment on the Ask Anna Blog.

Dear Anna,

Perhaps you my know, or can direct me to where I can find out, but.....,we live in Pennsylvania with no-fault auto/motorcycle insurance laws and were involved in a motorcycle/automobile accident where the other driver was at fault. Because we assumed that we could sue for pain and suffering and damages under the full tort option we paid for, we felt secure. As it turns out in Pennsylvania, per our attorney, we are being told that we "cannot" sue because:

1) It would cost us way more than we could get, e.g., the disclosure, should we file one would cost us $1,000 to $5,0000, depending on how much needs to be "disclosed" and that the defendant's attorney would keep asking questions making the cost of the court reporter to sky rocket - we have an honest attorney - a member of the family. 2) If she, the other driver that caused the accident and was cited, owns property in her name and in her husband's, we cannot get anything unless they sold their home (which is the only asset she has and we would not ask them to do that even if we could). 3) If we did sue and won, we're told, that we could put a lien on their home, but we are told that they could file for bankruptcy and we wouldn't get anything - this is what they said they would do since they are already in debt and they think this is what they should do. 3) I asked about retribution, but I was told by our attorney that the judge would just throw out our petition because it is "not feasible" for the dependent to pay !! 4) There is something in Pennsylvania called "extraordinary circumstances" per our state legislator (I sent a letter to him), but we are unable to find out more. 5) We have written to the Pennsylvania Insurance Commissioner and have not heard back other than they received our email.

Do you have any advice, or suggestions where we can find help? The costs have soared. The emergency room fee was $234,000 - not including all the X-rays and MRI's, etc. There was a three-week hospital stay and four surgeries. (We had wonderful doctors and nurses and staff, by the way!) We also needed many surgical supplies, home nursing, a second one-week hospital stay for Staph infection, tons of medication, a wheelchair, a commode, crutches and a cane - and physical therapy is still continuing for the healing process to walk again properly. There also may be another surgery required to shave bone that has not healed properly (injuries were to the ribs, side, wrist, leg and foot) and numerous, still continuing, doctor follow-up visits.

What has happened is that Pennsylvania lawmakers have successfully given the automobile/motorcycle insurance company a "get-out-of-jail free card" on this one as our private insurance company has had to foot most of the medical bills. This is wrong. Insurance for my home should not have to pay for my dental work. My automobile insurance should cover any and all that I need for my recovery since we have these "no-fault" laws. The $100,000 individual underinsured coverage we had was just a sniffle in this case of pneumonia! The other driver had $25,000 liability and paid the loan off on the demolished motorcycle she hit. This is utterly ridiculous. Can you help us?

Thank you so much - even for just listening!!

Dismayed in Pennsylvania

I have researched and checked into the issue for our Families.com member and written some basic information about The Basics of No Fault Auto Insurance and outlined the Pro's and Con's of No Fault Auto Insurance. It's all very interesting and varies from one state to another how "no fault" plays a role in auto insurance. It's important as a consumer to understand how your insurance coverage works and know exactly what you are paying for with your premium dollars.

Many people consider the Pennsylvania system to be a confusing mixture of both "liability" and "no fault" coverage. It has been reported that the auto insurance laws are so complicated some Pennsylvania auto accident attorney's may not even understand the full complexities of Pennsylvania's Motor Vehicle Financial Responsibility Act.

The Pennsylvania auto accident attorney's strongly advises people involved in an auto accident only contact an attorney who concentrates on automobile accidents. Especially if there was an event involving an injury from an automobile accident.

For issues including medical expenses and wage loss benefits, Pennsylvania is a "no fault," state and insured drivers use their own automobile policy for benefits. It doesn't matter which driver was the cause of the accident or whether the insured was actually the one responsible for his injuries.

In Pennsylvania issues involving pain, suffering, and other non-economic loss, insurance benefits are "fault" based. This means the driver who is found negligent and caused another person injury is responsible for payment of damages. These damages would be covered under the liability portion of the insurance policy.

In most cases, settlements can't be decided or arranged until the injured person is either better or the extent of need for the future is figured out. Most liability settlements aren't made until time has passed and the damages are close to being totaled up. Often, the settlements are based in some way to the total number of dollars spent on medical costs. It depends on the over all recovery an injured party can make.

Related Blogs:

• No-Fault Auto Insurance: The Basics
• No-Fault Auto Insurance: Pros and Cons
• The Contents of An Auto Insurance Policy.
• How to Get an Accurate Auto Insurance Quote
• When The Other Driver Is At Fault

Glossary of Insurance Terms:

A | B | C | D | E | F | G | H | I | J-K | L | M | N | O | P | Q-R | S | T | U-V | W-Z

Families.com Blogs are for informational purposes only. Families.com assumes no responsibility for consumer choices. Consumers are reminded that it is their responsibility to research their choices properly and speak to a certified insurance professional prior to making any decision as important as an insurance purchase.

auto insurance, No Fault, Pennsylvania