Dale G. Larrimore's Answers

I would like to know if i am entitled to recover money for car rental fees, pain and suffering and emotional distress?

If the accident was the other driver's fault, then you can recover for car rental fees (in a reasonable amount) in addition to your property damage. It sounds like the the other driver was negligent in backing her car up without making sure it was safe to do so. Section 3702 of the Vehicle Code of Pennsylvania provides that "no driver shall back a vehicle unless the movement can be made with safety and without interfering with other traffic and then only after yielding the right of way to...

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Son was severly injured in lawn mower accdient. Can we sue homeowners insurance?

You need to talk with an attorney experienced in handling personal injury claims against the manufacturers of products. I recommend making an appointment with an attorney who is a member of the Pennsylvania Association for Justice. There should not be a fee for the intitial consultation. If you decide to hire an attorney, you can negotiate the fee agreement so that the attorney does not take a fee on the money that has already been offered. Many homeowners' policies have only $100,000 in...

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When you sue someone for damages in a car accident, does their insurance foot the bill?

When a person who owns a car that is insured is involved in a motor vehicle crash, the insurance company has the obligation to defendant that person if they are insured and to pay the claim for damages up to the limit of the insurance policy. When you sue her, you have the right to discovery the limits of the other's insurance coverage for property damage she caused in this crash. (i.e. some policies provide $5000 in property damage coverage and if the cost to repair your car was $7,500,...

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My boyfriend was driving my car in PA and was hit by another at fault car? What now?

The initial source for payment medical bills for the occupant of a motor vehicle injured in an accident in Pennsylvania is that person's own motor vehicle insurance. If he does not own a car, then he would be covered under his parent's motor vehicle insurance policy IF he lives with his parents. If he does not live with his parents, and does not live with any relative who has motor vehicle insurance, then his next source for recovery of medical bills is the insurance policy on the car he...

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Who should pay if you get into an accident and it was totally the other persons fault?

If the other driver admitted fault to the police and if he/she is insured, then his/her insurance company should pay for any damages caused by the crash. Damages can include payment for your property damage and for your pain, suffering and loss of enjoyment of life caused by the crash. (Note, however, that if you selected "limited tort" coverage in your own insurance policy, then you have given up the right to collect from the other driver's insurance company for your pain and suffering and...

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How can I remove my name from a home purchased with my boyfriend.

The legal term for what you want to do is to file a Petition for Partition. You two own the house together and you need to partition that tenancy -- which has the effect of forcing a sale. If your boyfriend wants, he can buy our your interest. Or you can just have it placed on the market for sale. But this is only part 1. This removes your name from the deed. You also want to eliminate your obligations under the mortgage. When the home is sold, your boyfriend can get a new mortgage (...

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Settlement for daughter that died in a car accident

It is certainly possible that the insurance company make you an offer, but the insurance company does not have to do that. You may need an attorney to assist you in making such a claim. Even if the insurer makes you an offer, it may, or may not be fair. You may need an attorney to assist you in determining if you are receiving a fair offer. There may also be other claims, against other vehicles, or PennDOT, or the vehicle manufacturer, or property owners. Any such claims will be...

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A tree fell onto our car causing about $8,000 in damage is the owner of the property liable for the damages

You may have a claim against the owner of the property where the tree was located. Your claim could be covered by the homeowner's insurance coverage on that property. It is important to find out if the tree fell because of unusual weather (strong winds, etc) or if it fell because it was old, rotted or decayed.

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Can I get my down payment money back from another driver who hit and totalled my car?

When a driver damages your car you are entitled to recover for your loss. This is calculated in two ways. First, you can receive the cost of repair to your vehicle. Second, however, if the cost of repair exceeds the fair market value of your vehicle, then you are only entitled to the fair market vehicle. The fair market value for your car is not necessarily the amount you paid. It is based on the value of similar cars in similar condition with similar miles (etc) would sell for in your...

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I was in a car accident through no fault of my own.I sustained a concussion and broken ribs. Am I entailed to pain and suffering

Your question is a little unclear. You indicate that your accident was through no fault of your own, and yet you lost control of your car and hit a guard rail. Was there another car involved? If the negligence of another driver caused you to lose control and hit a guard rail then, yes, you can make a recovery for your pain and suffering. You can sue the other driver for your damages, including pain and suffering. If the other car had no insurance or did not stop at the scene, and if you...

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