This legal question was provided by Avvo.com. You can view the original question here.
Question:
I was in an accident, my car was hit and flipped onto its side by a speeding motorcycle. I don’t have car insurance; can I sue the insurance company for auto damages?
Answer:
As an experienced Delaware County Personal Injury Attorney, I often handle these types of matters. As you were uninsured at the time of the accident, you are deemed to have selected the “limited tort” option, pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law and subsequent case law. As such you will be unable to sue for “non-economic” damages, i.e. pain and suffering.
As you have indicated you do not have physical injuries. Should you choose to do so, you may be able to recover for the damage to your truck. However, you should carefully weigh the pros and cons of bringing such an action. You may spur a counterclaim for the death of the motorcyclist, the potential detriment of which will far outweigh any benefit which might be gained.
Were you in an accident but you don’t have car insurance? If so, contact the experienced Delaware County Personal Injury Attorney Patrick Gibson.
This legal question was answered by Patrick Gibson, an experienced Delaware County Personal Injury Attorney. This does not consent an attorney client relationship.