Legal Question in DUI Law in Pennsylvania

Who Pays

On July 22,2000 Myself and husband were rear-ended by a DUI driver with no license. Our car was completely total. My injuries are neck,back, and leg. My husband's injuries are his back and leg. The owner of the car that rear-ended us, is responsible to replace our car, but she is also responible for bodily injuries,and can we sue the driver. We have limited tort, but is this not malenvoid because it was a DUI drive.


Asked on 8/05/00, 9:06 am

1 Answer from Attorneys
Patrick Henigan Eckell Sparks

Re: Who Pays

The insurance coverage for the owner of the vehicle should be available for pain and suffering claims provided the driver was not specifically excluded under the policy. If the driver is convicted, pleads guilty or enters into some type of ARD program you will be considered to have full tort. You need a lawyer as soon as possible so he/she can monitor and have input into the criminal proceedings against the driver and begin to investigate the insurance status. If you are in the Phila area feel free to contact me.

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Answered on 9/14/00, 9:18 am


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