Legal Question in Personal Injury in Pennsylvania

auto accident

We were in an car accident,we had ins. but not uninsured. The man who hit us had no ins. We can sue for damages, he says he has no money or assets, bad credit. How can we be assured we receive this? The police report listed him at fault. We are fairly sure of the judgement,butyou can't get blood from a stone. What good is a judgement? He will lose his licence ,but we are still out the damages,towing and storage fees and court and filing fees. How can we recover?


Asked on 9/03/99, 11:24 pm

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Re: auto accident

1. I hope everyone reading your note will take the cautionary tale and, if they've tried to save a few premium dollars by waiving or reducing the UM/UIM coverage, will IMMEDIATELY call their insurance company or agent to get the full coverage. Why provide more protection to everyone else in the world (with liability insurance) but nothing for your own loved ones?

2. Sorry about the soapbox, but as a plaintiff's lawyer in PA, one of my least-favorite duties is explaining to people why they must suffer such uncompensated losses because they chose lower limits.

3. Often, a waiver of UM coverage may not be valid: the insurance company must meet very exacting technical requirements. So there's no reason not to consult a lawyer to see if they can proceed on a contingent basis.

4. It's for sure that if you don't sue, you won't get anything. It is strange how people who claim to have no money can find the scratch when they really need to, and getting the guy's license suspended for an unsatisfied jugdment is an excellent incentive.

Nothing ventured, nothing gained. I'd be happy to talk with you, no charge or obligation, if you're in the Philly area.

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Answered on 9/08/99, 2:59 pm


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