Coatesville, PA asked in Car Accidents and Civil Litigation for Pennsylvania

Q: How should I handle Pennsylvania Financial Responsibility Assigned Claims Plan(PFRACP)?

A few years ago I was driving and hit a jay walking pedestrian. A few weeks later I received a letter in the mail for a court date, I called the court later that day and was told there was no case. So now I've received a letter in the mail from PFRACP saying that by law they are obligated and entitled to recover any benefits paid on behalf of the eligible claimant from the person responsible for the motor vehicle accident. They are making a "formal demand" that I reimburse them or provide them information of who was driving so they can pursue them. They also sent me an extra copy to send to my insurance company and they say if I do not call them within 30 days, then I "may" be subject to legal proceedings. How can they pursue this when it never went to trial and it was never found who was responsible? What's my next move?

3 Lawyer Answers
Mark Scoblionko
Mark Scoblionko
Answered
  • Personal Injury Lawyer
  • Allentown, PA
  • Licensed in Pennsylvania

A: You should turn this over to your insurance company. If you did not have insurance, you need to consult a lawyer.

It is impossible to know for certain without seeing the correspondence, but it sounds like the original letter that you received was for a court date on a traffic citation. That would have nothing to do with the recent notice.

1 user found this answer helpful

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: To answer your last question because if a pedestrian has no car insurance the medical bills are paid by the insurance of the car that hit them. Doesn't matter if they were jaywalking. So if they end up at assigned claims, then assigned claims wants your insurance because your car insruance (as of the time of the hit) is what is up first for the person with no insurance who is on foot or a bike.If you still have the letter what is important now isn't the "court date" but the docket number.

So you want to 1) send what they sent to your insurance company; 2) go to the courthouse and check that docket. You should do #1 first, then do the docket check.

1 user found this answer helpful

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: PS--you said "a few years ago." The person can't sue you now (if they never did) if it's over two years. However the Assigned claims has up to 4 years to go after your insurance, so give the Assigned claims information to your insurance company.

1 user found this answer helpful

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