can you sue under bodily injury , i am told that once you settle with their company you can not sue your company i have $50.000 under bodily injury on my insurance .is this true ,thanks rob
That will depend on several issues. You should immediately obtain an appointment with a local PA. attorney to discuss whether you have effectively released your daughter’s claim. Pennsylvania law does distinguish between limited and full tort and an individual who chooses “full” tort pays a higher premium (anywhere from 12% — 20% more) for coverage than if the “limited” tort option had been selected. The Pennsylvania Bar Aassociation Lawyer Referral Service (LRS) refers callers to lawyers in the counties that do not have a referral service of their own. This service covers 45 of the 67 counties in the commonwealth of Pennsylvania. There is no charge for contacting the LRS. The participating attorney agrees to grant Referral Service clients an initial consultation of up to one half-hour for a fee of $30; $15 of that fee shall be returned to the PBA Lawyer Referral Service with the client referral form. If it is the policy of the attorney to waive initial consultation fees, he/she is required to collect the $15 referral fee to be returned to the PBA.
The PBA LRS operates Monday through Friday, from 8:00 a.m. to 4:30 p.m., and can be reached by calling (800) 692-7375 or (717) 238-6807.
The question is whether you have Underinsured Motorist Benefits on your policy of insurance; what rights did you give away in any release you may have signed; and the seriousness of your daughter's injuries.
You should contact a personal injury attorney to review these issues with you.
If you call my office, I will be happy to discuss this with you.
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 injury, but don't mention underinsured motorist benefits.
All of this need to sorted out by a PA attorney who handles these claims like me.
The terms of the "settlement" that you made with the other company will largely determine whether you can sue your company to pursue a claim against the UIM provision of your own policy. Unfortunately, if you signed a release and settlement agreement, you probably released your right to pursue any further claims, unless you bargained for and explicitly discussed your right to pursue UIM coverage. I would speak with a local accident and injury attorney, who can review the release language for you and advise you of your legal rights. Did you not have legal counsel in the first place? It is usually a good idea to obtain counsel in negotiating a settlement to their injury and accident insurance claims.
As the previous answers indicate, the right to make a claim against your own coverage, after exhausting the defendant's coverage is generally created by uninsured/supplemental under insured i.e. UM/SUM coverage. The terms of each policy differ but all are governed by the applicable state law, and generally include a requirement that you request your carrier's permission before compromising the underlying claim. If they grant it, or fail to respond within thirty days to written request, you can go ahead and settle.
New York doesn't recognize "full tort" coverage so i refer you to the first answer which is spot on. As the previous answers also indicated, you should consult directly with a Pennsylvania personal injury attorney. Good luck.
Your question raises several issues. I recommend you contact an attorney. First, determine whether you have full tort or limited tort on your insurance policy(s). If you have limited tort, you may still recover under full tort if you meet certain exceptions. Your daughter`s settlement might need to be reviewed. Typically, a minor`s settlement requires court approval to be valid (this ensures the child`s needs are being looked after).
Also, just because your daughter settled her claim does not mean you have settled your own claim. As a parent, you may have a claim even though you were not in the crash. If you were in the crash, you still have your own claim. As other attorneys pointed out in this forum, there may be other areas of coverage with your own insurance company that should be looked into.
Again, I recommend you contact an attorney to review your case. I am confident you will find one that will not charge you for the review and then you have the piece of mind of knowing your rights are protected for you and your daughter. The compromise and release can have unintended consequences for your daughter.
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