Legal Question in Personal Injury in Pennsylvania

Re: civil suit against driver in auto accident

Absolutely. Not only will you recover for personl items, but since it was a commercial vehicl, the limited tort will not stop her from recoveringfor inuries. If I can help let me know.

Scott Diamond

LL.M. TRIAL ADVOCACY

800-310-4800

Re: civil suit against driver in auto accident

Yes--With limited tort you are entitled to recover any unreimburded economic expenses from the negligent driver. If the tow truck was from out of state or if the driver was intoxicated, you might be entitled to full tort coverage.

Re: civil suit against driver in auto accident

OF COURSE!

You certainly can file an action to recover for the damages caused by the negligent driver. You state that the other vehicle involved was "a commercial tow truck." Based on that fact I would urge you to file your action against the driver, the vehicle's owner and the employer (if different then the vehicle's owner).

If you, or any passengers in your vehicle, suffered personal injury from the collision you should keep in mind that Pennsylvania law requires that you make all claims in one lawsuit. For example, if your wife suffered injury, and she files a lawsuit to recover damages for only the items in the vehicle, she may lose her right to bring and action for her injuries at a later date.

You have two years from the date of the accident to file an action. I recommend speaking with a local attorney to determine whether your limited tort election prevents you from seeking non-economic damages.