Legal Question in Civil Litigation in Pennsylvania

Compensation

I was in an auto accident.

The driver is an employee of a car sales dealership and was driving a dealership vehicle. I was driving 2-5 mph as I was prepairing to make a left hand turn into my parkinglot of my residence when struck from behind at 30-40 mph.

I do not have any tort only the basic to keep me legal.

The adjuster totaled my vehicle a 1992 Chrysler NY 5th ave.

The year should not matter. TRhey do not make these autops any more and nothing compairs to them.

I was offered 2k plus I get to keep the car with a the title converting to salvage.

Can I ask the insurance company for pain and suiffering the loss from work and the trama that was inflicted on me. I was assaulted.

What can I ask for.


Asked on 7/30/06, 12:48 pm

3 Answers from Attorneys

Terrence Valko ERISA Disability Lawyer

Re: Compensation

Your recovery will not include a penny for pain and suffering as you sold your right to sue to the insurance company in exchange for a "reduced" premium. In actuality, the Republicans in Harrisburg sold you out.

Only exception will be if you have Serious Bodily Injury. Sounds like you have not been medically treated so a personal injury recovery will be unavailable.

Turning to property loss, i.e. recovering the value of your auto: About the best you can do is get the NADA Blue Book top value +10%. List your observations about how immaculate the Chrysler was - i.e, no scratches, moonroof, non-smoking car, all the accoutrements, recent repair monies extended, etc. You get the idea.

Glad u r ok despite the clear negligence of the other driver. Count your blessings as you can't count on a sizable recovery.

Good Luck

TV

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Answered on 7/30/06, 7:01 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Compensation

Given the facts of the case, you are not entitled to any "non-economic" damages, in that you gave up your right to collect them in exchange for a slightly lower premium by choosing limited tort. My advice? Change your insurance policy and buy full tort coverage for the future. You can't give up your right to collect for pain and suffering and then complain about it.

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Answered on 7/31/06, 9:53 am
CHARLES WEINER Law Office of Charles Weiner

Re: Compensation

You are entitled to seek recovery of economic (wage loss etc) and pain and suffering damages from the other driver (and his insurer). However, if you chose limited tort, you can only recover pain and suffering for permanent injuries.

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Answered on 7/30/06, 3:05 pm


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