Legal Question in Personal Injury in Pennsylvania

I am a cyclist who was involved in an accident where a driver traveling westbound made a left turn and hit me as I was traveling eastbound across an intersection in a bike lane. I proceeded through the intersection because I had a green light. The police report places me at fault because the driver claims to have had a green left turn arrow. However, had that been the case, I should have had a red light. I believe that the driver had a permissive green, not a protected arrow.

No tickets were issued. I was taken to an emergency room in an ambulance and my bicycle was damaged. The driver is insured in New Jersey and the accident occurred in Pennsylvania, both of which are choice no-fault states. I do not have auto insurance. What sort of recourse do I have? Will the driver's insurance pay for my medical bills if I am unable to contest this police report?


Asked on 3/28/11, 9:29 pm

4 Answers from Attorneys

Richard Senker Senker Law Office

Lots of issues: If you're a Pennsylvania resident and do not own a car and do not live w/ a relative or spouse who owns a car, the other car's insurance company should pay for your medical bills. If they refuse, use your private health insurance, who will pursue a claim against the other guy's insurance. Getting your medical bills has nothing to do w/ fault.

More importantly, if you have any kind of injury that puts you out of work or requires ongoing medical treatment, you should consider making a personal injury claim for pain and suffering against the other guy's insurance company. The law says that if you make a left turn, you must be certain it is safe to do so, and if a collision occurs, it is considered the left-turning car's fault unless the left-turning car can prove otherwise. Your description of the collision makes me believe the collision was not your fault.

Because of many confusing issues here (New Jersey's auto insurance law is significantly different than Pennsylvania's auto insurance law.), you should absolutely hire an experienced personal injury lawyer on a contingent fee basis to represent you. Feel free to call and discuss.

Richard Senker 610 279-1600 www.senker.com

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Answered on 3/29/11, 3:22 am
Joel Kofsky The Law Offices of Joel J. Kofsky

Good Morning,

The major issues in your email have been addressed above for brief informational purposes.

I am curious of you noticed if it was an intersection which had a camera. Several major intersections in Philadelphia have them for issuing tickets. If this accident occurred in the city, I would welcome an opportunity to discuss this matter with you.

Regards,

Joel Kofsky

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Answered on 3/29/11, 4:57 am
Daniel Cevallos Cevallos & Wong, LLP

There are a lot of issues here. First, you are entitled to have your medical bills covered, especially if you don't live with a relative who has a motor vehicle. Feel free to call my direct line to discuss your options and recovery. 267.639.3105.

-Danny Cevallos

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Answered on 3/29/11, 7:31 am
Richard Teitell Richard K. Teitell, Esquire, P.C.

Normally, if you're a ped or cyclist, & do not own a car or reside with a relative who owns a car & has auto ins, the other driver's auto ins is obligated to pay your med bills on a "no fault" basis. The problem you have is that under NJ Law, auto ins does not have to pay med bills for peds. Thus, if you have health ins you will need to use that ins, at least temporarily, to pay your med bills. Despite the NJ Law, sometimes I have been successful in getting a NJ ins co to pay the med bills for a ped, depending on the policy terms. If you (we) can establish fault on the other driver then you have a claim & can try to obtain payment of the med bills, lost wages, & pain & suffering money. I have over 25 years experience with these claims. Please feel free to contact me. There is no attorney fee unless we make a recovery. In any case, good luck!!

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Answered on 3/29/11, 9:28 am


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