wbault's comments

Ask Anna - Blog Entry

12 Jan 2007 08:34 PM

Dear Anna,

Perhaps you my know, or can direct me to where I can find out, but.....,we live in Pennsylvania with no-fault auto/motorcylce insurance laws and were involved in a motorcycle/automobile accident where the other driver was at fault. Because we assumed that we could sue for pain and suffering and damages under the full tort option we paid for, we felt secure. As it turns out in Pennsylvania, per our attorney, we are being told that we "cannot" sue because:

1) It would cost us way more than we could get, e.g., the disclosure, should we file one would cost us $1,000 to $5,0000, depending on how much needs to be "disclosed" and that the defendant's attorney would keep asking questions making the cost of the court reporter to sky rocket - we have an honest attorney - a member of the family. 2) If she, the other driver that caused the accident and was cited, owns property in her name and in her husband's, we cannot get anything unless they sold their home (which is the only asset she has and we would not ask them to do that even if we could). 3) If we did sue and won, we're told, that we could put a lien on their home, but we are told that they could file for bankruptcy and we wouldn't get anything - this is what they said they would do since they are already in debt and they think this is what they should do. 3) I asked about retribution, but I was told by our attorney that the judge would just throw out our petition because it is "not feasible" for the defendent to pay !! 4) There is something in Pennsylvania called "extraordinary circumstances" per our state legislator (I sent a letter to him), but we are unable to find out more. 5) We have written to the Pennsylvania Insurance Commissioner and have not heard back other than they received our email.

Do you have any advice, or suggestions where we can find help? The costs have soared. The emergency room fee was $234,000 - not including all the X-rays and MRI's, etc. There was a three-week hospital stay and four surgeries. (We had wonderful doctors and nurses and staff, by the way!) We also needed many surgical supplies, home nursing, a second one-week hospital stay for Staph infection, tons of medication, a wheelchair, a commode, crutches and a cane - and physical therapy is still continuing for the healing process to walk again properly. There also may be another surgery required to shave bone that has not healed properly (injuries were to the ribs, side, wrist, leg and foot) and numerous, still continuing, doctor follow-up visits.

What has happened is that Pennsylvania lawmakers have successfully given the automobile/motorcycle insurance company a "get-out-of-jail free card" on this one as our private insurance company has had to foot most of the medical bills. This is wrong. Insurance for my home should not have to pay for my dental work. My automobile insurance should cover any and all that I need for my recovery since we have these "no-fault" laws. The $100,000 individual underinsured coverage we had was just a sniffle in this case of pneumonia! The other driver had $25,000 liability and paid the loan off on the demolished motorcyle she hit. This is utterly ridiculous. Can you help us?

Thank you so much - even for just listening!!

Dismayed in Pennsylvania