Legal Question in Personal Injury in Pennsylvania

Pedestrian hit by motorist

I was hit by a motorist while walking through a parking lot. There was one witness and the driver was definitely at fault. Now the insurance company will not pay me saying I have limited tort on my car which affects my right to sue as a pedestrian. I still am in pain and the medical bills are growing. I also work seven days a week and have lost wages as a result of the pain. Initially after the accident I thought I was fine, but by the time I got home my thigh had swelled. I called the insurance company immediately from home and went to the emergency room the next day. They took my statement (recorded), contacted my witness (recorded)and the motorist has not called them back in 6 weeks. What recourse do I have as 1 attorney said I have none due to limited tort option. However, why should I be discriminated against as a pedestrian. If I did not have auto insurance, I would get paid right away. Help!!!


Asked on 7/30/99, 5:22 pm

1 Answer from Attorneys
William Marvin Cohen, Placitella & Roth, P.C.

Re: Ped hit by LIMITED TORT

Those of us in the business really hate the limited tort option. Sales agents are pressured to save premiums and most people don't realize what a bad tradeoff the limited tort is. To save a few bucks, they give up very valuable rights.

The Pennsylvania statute dictates that every insurance renewal give you an explanation of what limited tort means and the dollor difference. It also requires your signature on a separate sheet of paper when you purchase the policy or change your options.

Assuming that the paperwork on your policy is in order, you gave up the right to sue another motorist for pain and suffering, etc., unless your injuries are "serious and permanent."

You can claim lost wages under your own policy's PIP coverage, at least.

You're being discriminated against just as every other consumer and citizen is, when the forces of "tort reform" get their way.

There's a bill pending in the Pennsylvania Senate, Bill 5, which makes limited tort look like a day at the beach. Please contact your legislators and encourage them to leave the civil justice system and jury trials alone.

For more information on the dreadful limited tort option, please take a look at a brochure the Philadelphia Trial Lawyers produced, which is online at http://philatla.org/fulltort.htm.

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Answered on 8/02/99, 9:11 am


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