Rights under Pa. No-Fault Auto Laws

[bspack]

What is the name of your state? Pennsylvania.

My mother sustained head, neck, shoulders, upper back, arms & leg injuries while a passenger in a vehicle driven by my father. The other vehicle negligently hit my parents vehicle on the passenger side. The incurred expenses for these injuries to date are as follows:

State Farm Insurance - $10,000 Medical Bills
Medicare - $ 3,147 Excess Medical over State Farm
Blue Cross/Blue Shield $ 858 Other Medical
Mom's out-of-pocket $ 1,283 Prescriptions
Mom's out-of-pocket $ 293 Medical Deductibles

$15,660 Total

My mother continues to have pain & restricted motion because of her injuries. The Hartford offered $17,500 settlement. Under Pa. no-fault what right if any does the auto & health insurance carriers have for recovery in this settlement? Would pain & suffering be in addition to medical & property damage?

 

[Kevin O'Keefe]

My mother continues to have pain & restricted motion because of her injuries. The Hartford offered $17,500 settlement. Under Pa. no-fault what right if any does the auto & health insurance carriers have for recovery in this settlement? Would pain & suffering be in addition to medical & property damage?

II am sorry to hear of the accident and your mother's injuries. Thanks for helping her out.

I'll preface my comments by saying that no-fault laws differ by state and though you have identified PA as the relevant state, it may be that a PA lawyer will not be able to provide definitive answers here.

Generally on no fault, once certain thresholds are met such as the amount of medical bills and the length of the disability, the injury claim would be treated as a personal injury claim against the party who caused the accident and their insurer. Looks to be the case here.

In which case the insurer who pays out as a health insurance carrier or as the injured party's auto carrier may have subrogation rights against the wrong doers insurance company for the amount paid. The amount to reimbursed on subrogation is not always black and white and is often negotiated down so the injured party receives more of the amount recovered.

Three issues standout here. What is fair and reasonable compensation, how should the no fault issues be dealt with and how should the subrogation issue be handled. The only way to get good info on this is to consult with a good local plaintiff's trial lawyer. You can talk and meet with the best lawyers at no expense, get some good information and then make an informed choice as to how to proceed, including whether to employ the lawyer.

That way everyone sleeps better that they knew the law, what their options were and made informed decisions. Believe me the piece of mind alone is worth it.

Take a look at some of my other posts as to how to locate good local plaintiff's trial lawyers. If you do not see my prior posts on that, let me know and I will repost the info.

Take care.

- Kevin

 

[bspack]

Kevin

Thanks for your information & advice. Today I find out that Pa. had already switched from No-Fault to a tort state prior to my mother's accident. Since my mom purchased "full-tort" she is permitted to sue the at-fault party. In this scenario can State Farm subrogate against The Hartford to recover their $10,000 in Medical payments? I assume that any health care provider has the right to recover their payments?

 

[Kevin O'Keefe]

subrogation issue

KevinThanks for your information & advice. Today I find out that Pa. had already switched from No-Fault to a tort state prior to my mother's accident. Since my mom purchased "full-tort" she is permitted to sue the at-fault party. In this scenario can State Farm subrogate against The Hartford to recover their $10,000 in Medical payments? I assume that any health care provider has the right to recover their payments?

I'm not familiar with PA laws on this and the provsions of the State Farm policy may impact the issue as well. My guess though is that will have subrogation rights. Don't hesitate to call a lawyer on your mom's behalf. You'll get some good info.

One good PA plaintiff's lawyer I have met on line is Fred Hait. I am sure Fred would be happy to answer some questions if you dropped him an e mail or called.

His contact info is:
Fred Hait & Associates, P.C.
The Wellington
17 East High Street, Suite 101
Carlisle, PA 17013-3047
(717) 249-4500
[email protected]

Hope that helps.

- Kevin