Legal Question in Insurance Law in Pennsylvania

Car Accident Question

My wife was involved in a car accidenty yesterday. She was rear-ended by a driver without car insurance. Our car is less than 1 year old. It has significant damage to the rear bumper, tailpipe/muffler, and quite possibly frame damage. The driver said he wasn't looking and never intended to stop, even admitting this to the police officer that was called to the scene. Our insurance will cover the damages, even any rental car fees that are needed. My question is if there is anything else that we can do. As I said, the car is less than one year old. The resale value is, obviously, significantly reduce because of this accident. Is it possible to receive more than the damage costs to be compensated for the lowered resale value? We have the full-tort on our insurance policy, although I am not quite familiar with what this exactly means. Any help or guidance would be greatly appreciated. Thank you.


Asked on 2/01/07, 6:24 am

2 Answers from Attorneys
Scott Diamond DIAMONDLAWYER

Re: Car Accident Question

there are two things that you can do. First, even thought he other driver is not insured, you can still sue him for damages. The problem will be collecting any judgment against the uninsured defendant. THe second thing that you can do, assumong you have uninsured motorist protection, is recover for an injuries that your wife has suffered as a result of the accident.

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Answered on 2/01/07, 8:26 am
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: Car Accident Question

1. If your ins co pays for your car damage, your ins co will probably sue the other driver to collect what it paid, plus for your deductible. So you should not sue the other driver yourself without the consent of your ins co.

2. The normal way to figure your loss for damage to your car is the amount to repair it. However, it is possible under some circumstances to get more than that amount. You can contact my office to discuss further.

3. Full tort & limited tort only apply to claims for injuries. It is good you selected full tort. If your wife was injured she can pursue an injury claim if you have uninsured motorist coverage under your ins policy. Please contact me if you would like to discuss such a claim. Good luck!!

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Answered on 2/01/07, 2:46 pm


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