Q: Rear ended in car accident.
I was a passenger in car accident with my daughter driving to go take her road test for her drivers licence. We used my fathers fully insured car that we were permitted to drive. My car was at my former residence limited tort insured due to bad alternator hoping to get it repaired. My question is why was my limited tort insurance billed and not my fathers insurance. He don't understand. I was in a fully insured car I get my head smashed threw windshield and am told by her attorney I cannot sue due to my insurance??? She didn't hit my car, she hit my fathers. I'm a mess. I live in Pennsylvania what am I missing here??? My daughter did not cause accident, we reside at his home and we had permission to drive his vehicle. My other car that was registered to me and my ex was not worth repairing due to bad alternator. The only reason our vechicle was at old address it was not safe. I am so mad. And yes I have an attorney.
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A: You asked some excellent questions. It sounds like there are No-Faul laws in Pennsylvania applicable to your medical bills. While it does not seem fair at all, the situation sounds pretty typical. I do not think that you are getting the run around or bad information. You need to meet with a local personal injury attorney to find out your legal rights, the insurance regulations, and recommended courses of action.
A: The fact that you were driving your father's car is unimportant. Your tort status (limited or full tort) and your first party medical coverage are based on your insurance and thus follow you. Therefore, your insurance will be billed for the medical treatment for your injuries and you may sue for your pain and suffering if your injuries caused a "serious impairment of bodily function."
A:
As Mr. Scolobionko notes the car's insurance is what is primary as to medical and for tort (sometimes--there are exceptions).
No mention of another car so I'm assuming your daughter at fault.Unless you are a named insured on your dad's policy your insurance would govern your tort status.(I'm assuming you've checked to make sure you in fact selected it).Your insurance governs medical but if you run through that regardless of full tort, limited tort, blackforrest torte, (sorry)--YOUR MEDICAL BILLS CAN BE RECOVERED REGARDLESS OF TORT IF ABOVE YOUR FIRST PARTY BENEFITS. So being limited tort doesn't mean nada--with all due respect to "her" attorney. Further, you may have a claim for your injuries--just too early to tell. The Limited tort issue can be complicated, which is why it's always good to consult with a member of the Pennsylvania Association for Justice--we give free consultations so that people with even complicated legal questions get to know their rights.
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