Legal Question in Personal Injury in Pennsylvania

Pedestrian/Auto Accident

My husband was hit by a car 1 year ago - intentionally. The person who did thought he was some one else. This person had been drinking, fighting at a bar and was thrown out. As my husband left the bar (he had nothing to do with this person, didn't know him), the kid was waiting in his vehicle. Long story short, he hit him. I am at my wits end and very angry. My husband broke his back, lost his job, pension, etc. The insurance company refuses to provide him with any monetary settlement because it was intentional. How is this possible? Is there anything we can do? This accident could have killed him, would it have mattered then? What about all of our unpaid medical bills, the physical pain he still has, the hell we went through for months barely making ends meet? This kid got a slap on the wrist. My husbands lawyer advised him to let the kid get a slap on the wrist (he got reckless driving, no jail time, etc.) so that the insurance company would settle the claim. Now the insurance company says no deal. This kid nearly destroyed our lives, almost left me a widow at age 28 with 3 kids, came close to losing our house because of this little jerk's temper, and mistaken identity and we get nothing for what we went through?


Asked on 4/22/04, 4:13 pm

2 Answers from Attorneys
William Marvin Cohen, Placitella & Roth, P.C.

Re: Pedestrian/Auto Accident

Normally people who already have attorneys should not be getting outside advice because it can breach confidentiality, and only your own attorney has the facts to make an informed decision. I would assume your attorney is looking into:

An uninsured motorist claim, which could be triggered by the other company's disclaimer. (this would be based on the UM coverage in your own auto policy; I hope you didn't waive this important coverage).

Arguing that the driver was negligent in going after the wrong victim (that's a stretch).

A "dram shop" claim against the bar for serving the drunk. THe proof of such cases is tough, but a bar's insurance should cover such claims.

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Answered on 4/22/04, 5:10 pm
Andrew Solomon Law Office of Andrew A. Solomon

Re: Pedestrian/Auto Accident

In addition to Mr. Marvin's suggestions, I would also file a claim with the Pa. Crime Victims Fund. Their phone number should be available in the blue pages of your phone book.

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Answered on 4/22/04, 6:47 pm


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