David Mark Landay’s Answers

David Mark Landay

Pittsburgh Car / Auto Accident Lawyer.

Contributor Level 9
  1. Daughter in car accident ,i made settlement with their company . can i sue my company for personal injury under full tort

    Answered over 2 years ago.

    1. Christian K. Lassen II
    2. Robert Louis Gardana
    3. Linda M. Shick
    4. David Mark Landay
    5. Justin C. Gearty Jr.
    6. ···
    9 lawyer answers

    Whether you can sue or bring a claim for underinsured motorist benefits depends on several factors. You are supposed to get consent from your company before settling with the other driver's company, but your company may have to show it was prejudiced if you did not. The language release that was signed with the other driver's company may present a problem. Also, it may depend on whether you settled for all or most of the other driver's insurance limits. You also mention that you have bodily...

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  2. Is the driver required to call his insurance company if someone falls out of his vehicle and is injured?

    Answered almost 2 years ago.

    1. David Mark Landay
    2. Todd Adam Lasky
    3. Lars A. Lundeen
    4. Robert Don Fink
    5. David C. Barranco
    6. ···
    6 lawyer answers

    I see you live here in Pittsburgh. The driver is essentially correct. Under PA auto law, if you are covered by your own car insurance, then your own insurance company pays your bills up to your medical payment limits. This is true regardless of who is at fault. If you don't own a car or live with a relative that owns a car, then the driver's insurance company will pay your bills, again up to the limits of medical coverage. You may also have a separate bodily injury claim against the...

    12 lawyers agreed with this answer

  3. Was hit by an uninsured D.U.I. driver how to I go about suing?

    Answered over 2 years ago.

    1. David Mark Landay
    2. Michael Joseph Davey III
    3. Angel Mae T Webby Esq.
    4. Alfred M. Abel
    5. Joyce J. Sweinberg
    6. ···
    9 lawyer answers

    If you have applicable Uninsured Motorist coverage, you can make a claim for your pain and suffering and lost wages. If you have limited tort coverage, your claim may be limited to your lost wages unless the other driver is convicted of the DUI or enters the ARD program or you have a serious injury or permanent serious disfigurement. You may also have an alcohol related claim for your pain and suffering, lost wages and property damage. If the other driver is a minor you can sue any adult...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. How much to accept for a medical settlement for children in a car accident?

    Answered almost 2 years ago.

    1. David Mark Landay
    2. Colm William Kenny
    3. Jeffrey Mark Adams
    4. Lars A. Lundeen
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    It's impossible to say how much a case is worth based on a short description. From your posting it sound like this happened just a few weeks ago. You should wait for a while, several months or longer, to make sure all of the injuries are known. Assuming this happened in PA, minors have until their 20th birthday to sue, so there's no hurry. I suggest you contact an experienced personal injury attorney to handle this matter.

    8 lawyers agreed with this answer

  5. I was driving a company truck and was in a accident,i was found to be a fault.can i be sued personaly

    Answered almost 2 years ago.

    1. David Mark Landay
    2. Barry Lawrence Aaron
    3. Gregory M. Stokes
    4. S. David Rosenthal Esquire
    5. Charles Anthony Rick
    5 lawyer answers

    Yes, you can be sued personally. The insurance covering the company truck will cover you as long as you were using the truck with permission. Your company can also be sued if you were on company business or if they entrusted the truck to you knowing you were incapable of driving safely. If you get served with suit papers, turn them in right away to your company and/or the insurance company for the truck.

    7 lawyers agreed with this answer

  6. My mom was killed in a car wreck and there is three children how would t get split up

    Answered over 1 year ago.

    1. Colm William Kenny
    2. Jonathan Seth Corchnoy
    3. Christian K. Lassen II
    4. David Mark Landay
    5. David A. Miller
    6. ···
    8 lawyer answers

    An estate needs to be raised for your mom. A portion of any settlement is then allocated by the court between the estate (survival claim) and wrongful death claim. The estate's portion, after payment of debts and expenses, is subject to inheritance tax. You need to contact an attorney that handles this matters. Feel free to go to my website for more information about auto accidents.

    6 lawyers agreed with this answer

  7. Auto accident

    Answered over 2 years ago.

    1. David Mark Landay
    2. Jacob Adam Regar
    3. Christian K. Lassen II
    3 lawyer answers

    I assume you mean that your out-of-pocket medical bills were paid as part of a total settlement of your injury claim. If so, this is permissible. Most contingent fee agreements state that the fee is a percentage of the recovery. The terms of your fee agreement controls.

    6 lawyers agreed with this answer

  8. Legal advice after being struck by a car while walking?

    Answered over 1 year ago.

    1. Jeffrey Mark Adams
    2. Michael Herschel Monheit
    3. Harold Semanoff
    4. S. David Rosenthal Esquire
    5. Mark E. Milsop
    6. ···
    9 lawyer answers

    If you or a relative you live with have car insurance, your medical bills must first be submitted to your car insurance company. If not, then the driver's insurance company will be responsible for your bills. There are medical payment limits which will apply. My website has additional information which may be useful.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Do I need a renunciation before I can be administer?

    Answered almost 2 years ago.

    1. Yvette E. Taylor-Hachoose
    2. David Mark Landay
    3. Steven J. Fromm
    4. James P. Frederick
    4 lawyer answers

    Yes, you need a renunciation from your sister, as others have already said. Keep in mind that if you are appointed as the personal representative (administratrix) there are several deadlines to follow. For instance, if you prepay the inheritance tax within three months of death, there is a small discount.

    4 lawyers agreed with this answer

  10. Can I be compensated for loss of income due to my van being totalled by a drunk driver.

    Answered about 2 years ago.

    1. David Mark Landay
    2. Christian K. Lassen II
    3. Joel Jay Kofsky
    3 lawyer answers

    You can be compensated for all losses, including your lost income. The issue will be how long you should receive this income. I am not sure why your vehicle can not be replaced by the drunk driver's insurance, unless his coverage is not sufficient. If your vehicle is replaced, that should end your claim for income. If the insurance is not sufficient, then you should receive lost income for some period of time, but not indefinitely.

    4 lawyers agreed with this answer