Legal Question in Personal Injury in Pennsylvania

Re: Personal Injury Lawsuit - limited to insurance coverage??

In theory, you can sue someone to collect damages for any and all injuries that you sustained as a result of their negligence. As a practical matter it is more complicated.

Most people who have substantial assets that could be subject to a significant claim also have significant insurance to protect those assets if they are smart. Most people who have limited insurance usually have limited assets that could be attached as a result of a lawsuit. In addition, peoples most significant asset is a home which married couples own as tenants-by-the-entireties. This type of asset is impossible to collect from unless the spouse not at fault dies and the asset passes to the negligent spouse. However, long before that happens the negligent spouse may be able to file a bankruptcy and wipe out the debt, assuming it was not a DUI.

That being said there are other possible sources of funds. If you have underinsured motorist coverage on your policy, you can collect from your own policy. If there was a defect in your vehicle or the vehicle that hit you there may be a product liability case. Finally, if there was a defect in the roadway you may be able to collect from the municipality or state.