Legal Question in Personal Injury in Pennsylvania

My daughter was in a car accident her friends car he was driving. They have Erie insurance. My daughter was taken by ambulance to the ER, she suffered a fractured nose and small facial laceration that was glued. The hospital performed a CT scan on her and determined she could be released. Erie insurance called me and said I have to file a claim with my car insurance and if denied then send to them. Why would I add a claim to my insurance when my car was not involved and my daughter was not driving. She just turned 16 and is not even on a policy yet. How should I proceed? Any claim to my insurance fault or not is still a claim that would affect any rates I get if I were to change insurance companies, being that they ask have you filed any claims in the last 5 years.

Asked on 10/05/16, 3:04 pm

2 Answers from Attorneys

Drew Quinones Drew Quinones, P.C.

Erie insurance is correct. Your daughter is covered under your policy as a "resident relative" and the insurance coverages you selected would follow her as a passenger or driver of another vehicle. The personal injury protection or PIP coverage that you carry would cover your daughter's medical bills for treatment related to the accident.

The state of Pennsylvania is a no-fault state, meaning your insurance rates do not go up if a claim is made for the above noted PIP benefits. Your rates do go up if there is a claim made along with a finding of fault by an insured driver, for example, an accident that was an insured driver's fault. The insurance that you are paying for is for an instance like this, so use it.

It sounds like your daughter also has a claim for personal injuries resulting from this accident. I would like to speak with you about her case. Call my office and I will explain to you what your options are for your daughter. 215-240-7565

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Answered on 10/05/16, 5:11 pm

Thomas Kenny Thomas D. Kenny, Esquire

Your daughter has a claim and as such you would have to file for her as her parent/guardian.

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Answered on 10/05/16, 5:45 pm

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