Legal Question in Personal Injury in Pennsylvania

Out of state auto injury

I am a Pa resident with limited tort on my auto insurance. A drunk driver hit a car I was a passenger in. This happened in New Jersey.I was taken to the hospital and checked out. My family physician ordered additional testing and I was found to have a crack in my pelvic bone. Do I have any rights to be able to sue this driver for my injuries? If I have additional medical expenses, not covered by auto and personal health insurance, would I be able to sue this driver?

Asked on 11/16/07, 6:25 pm

4 Answers from Attorneys

Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: Out of state auto injury

PA residents injured in an auto crash in NJ are always subject to the NJ tort threshold (similar, but not exactly equal to, PA limited tort), unless the PA resident's auto insurer does not do business in NJ. If you suffered a fracture you should be able to pursue your claim under NJ law. Also, since you were a passenger in another person's car you are probably not subject to the NJ tort threshold. I have handled these types of cases for over 25 years. Please feel free to call my office if you want to discuss your claim. Good luck!!

Read more
Answered on 11/17/07, 3:37 pm
Kristofer Kaufmann Torchia & Kaufmann, L.L.C.

Re: Out of state auto injury

According to the pa motor vehicle insurance laws an insured who has elected the limited tort option becomes full tort eligible when the tortfeasor (the person who is at fault for the accident)is convicted of DUI or is accepted into ARD. Please call or email if you have any questions. Free consultations.

Read more
Answered on 11/16/07, 8:32 pm
Paul Stacom Law Office of Paul J. Stacom

Re: Out of state auto injury

Under the circumstances you describe, you would be able to overcome the limted tort thrshold requirement, and would get additional medical bill coverage. You should be commencing and continuing your treatment on an ongoing basis. Please contact me for a free consultation. I also work on a contingency basis, which depends on being successful in your case.

Read more
Answered on 11/16/07, 8:47 pm
Daniel Cevallos Cevallos & Wong, LLP

Re: Out of state auto injury

Absolutely! Your injury certainly gets you above the minimum tort threshold. Give me a call or e-mail me directly and I'll put you in touch with a firm that just does auto cases in PA and NJ. These cases are always contingency, so you don't pay unless you recover. Shoot me an e-mail, I'll give you their contact information and give them a call ahead of time to tell them you are getting in touch.

Read more
Answered on 11/16/07, 9:35 pm

Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Pennsylvania