Legal Question in Personal Injury in Pennsylvania

Should we sue the family of a teenager who injured us in an automobile accident

We have proceed to sue the insurance company however, we would like to sue the teenager also. He has a criminal record (not automobile related) and another minor accident on his record. What are the pros & cons of doing this? Why is the insurance money held if we decide to do this?


Asked on 6/09/00, 9:30 pm

1 Answer from Attorneys

Richard O'Neill The O'Neill Law Office

Re: Should we sue the family of a teenager who injured us in an automobile accid

If you were in an accident the person you normally sue is the person who is at fault. Then their insurance company (if they have insurance) basically defends the person. If you win the insurance company usually pays up to the amount of the insurance policy. Generally, anything over the amount of the insurance policy you win will be paid out by the person who was at fault.

So assume you won your lawsuit and were awarded 100,000 dollars. The person who was at fault had a policy of 75,000. The insurance company would pay 75,000 and the person would be responsible for 25,000.

If the teenager was at fault and you have filed a lawsuit already you are already suing the teenager. (Unless you are suing your insurance company for not paying benefits to you because the teenager was not insured.) The problem is that you are probably going to find that the teenager has no assets therefore you are probably only going to get the policy limits of his or her insurance if you win (assuming your damages are that much). Of course, this doesn't take into account if you are suing the teenager because he was working at the time he was driving or because someone negligently gave him permission to drive. Then you might have another lawsuit.

The fact that the teenager has a record and has had another accident is not relevant to your case unless it directly involves your case. Only what matters is what happened in the accident.

I don't know what you mean by the insurance company is holding money but if your insurance company pays for your medical bills and then you sue and recover money from the person who hit you, you have to reimburse your insurance company the money it paid to you.

It sounds like you are already filing suit, therefore you must have an attorney. Discuss these questions you have with your attorney and they should answer them for you. If your attorney does not want to answer them or does not explain them well enough to you find another attorney who will.

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Answered on 7/31/00, 10:15 am


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