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The Law & You

I Got Into a Car Accident With an Uninsured Motorist. Can I Sue?

The Law & You
March 6, 2018

The Law and You

I Got Into a Car Accident With an Uninsured Motorist. Can I Sue?

A viewer was told she is responsible for her medical bills after an auto accident with an uninsured motorist. How is this fair? Fellerman & Ciarimboli car accident attorneys Ed Ciarimboli and Harry McGrath clear up the situation.

Dave Kuharchik: An accident with a driver who does not have insurance. We’re going to find out about what happens in this edition of “The Law & You.” Attorneys Harry McGrath, who’s here for Greg, and Ed Ciarimboli are here.

Ed Ciarimboli: Dave, before you even say the question, what should this person have if the person has no insurance?

Dave: Well, they better have full torts.

Ed: And what else?

Dave: They better have uninsured and under insured motorist coverage.

Ed: Well done, Dave! Well done.

Dave: If you guys need the day off, let me know.

Ed: Well done, that’s it. That’s a wrap.

Dave: Here’s the formal question, we’ll let the expert’s handle it. Rachael in Dallas says, “I was t-boned last night by someone with no auto insurance. I was told I am still responsible for all my own medical bills. How is this fair? Can I still sue?” She’s not, right?

Ed: Well, yes and no. In Pennsylvania, there’s no fault for medical bills. Whatever you have on your first party medical benefits on your policy. The state minimum is 5,000. Most people have more than that. Your medical bills are first going to go to your own insurance. Then they’re going to be paid by your healthcare. Your healthcare’s going to have a right for what’s called subjugation to go after the person who caused you to incur these bills. If that person has no insurance, the only way your going to be able to make a recovery is, hopefully, you have listened to us over the years, and you have purchased under or uninsured motorist coverage for your policy. If you have, you’re going to be able to make a claim for that. There are some very specific things you need to do that Harry’s going to tell you about in order to protect your rights and pursue this claim.

Harry McGrath: Whenever you’re involved in an accident and you don’t know A: Who the third party driver is or if you find out if they don’t have insurance. you need to make sure you’ve contacted not only your insurance company but also a local police department to make sure there’s records that this occurred. You’re going to get in a situation where, especially if the person is unable to be located. They’re going to say, “Well, how do we know you didn’t crash on your own?” You have to document it, you have to get out there in front of it, and make sure it’s very clear that this was someone else’s fault and not your own.

Ed: It’s a must in order to pursue an uninsured motorist claim. If you do not provide notice to the insurance company by a way of direct notice and also to local authorities, you will be prevented from pursuing this claim.

Dave: If you want to talk to the accident experts, hit them up by giving them a call or checking them out online, Snapchat a question. Results matter with attorneys Harry McGrath and Ed Ciarimboli. We’ll see you next time, guys.

Ed and Harry: Thanks, Dave.

Dave: and ‘The Law & You” hotline are there for you.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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