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    Fault, Medical Expenses-PA & Hit Run Philadelphia, PA Car Accident-Injury Lawyer

    by | Mar 12, 2024 | Philadelphia PA Car Truck Accidents

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    Car and truck cases accepted across Pennsylvania, including Philadelphia County, Montgomery County, Delaware County, Chester County and Bucks County. Our offices are located in Conshohocken, PA (Montgomery County) and Philadelphia, PA. (610) 825-0500

    No Pennsylvania driver wants to be in a car accident; unfortunately, they do happen.  One type of car accident drivers do not want to be involved in is a hit and run accident.  If motorists are seriously injured in a hit and run accident, they often worry about the following:

    • Who is going to pay for their medical expenses?
    • Who do they sue if the driver cannot be found?

    This article will answer these questions.

    Medical Expenses After A Philadelphia, PA Hit & Run Accident

    Pennsylvania car accident law provides that injured drivers’ own insurance companies pay for their medical expenses related to any type of car accident, including a hit and run accident. This is known as PIP or medical benefits coverage. It does not matter if the injured drivers did not cause the accidents; their auto insurance companies must pay for the medical expenses up to the limit of the purchased PIP coverage.  Pennsylvania drivers are required by law to carry $5,000 of minimum PIP coverage.

    If an injured driver’s PIP is exhausted, then their private health insurance comes into play.  Injured drivers may think after their PIP is exhausted, they may submit their medical expenses to the other driver’s auto insurance company.  That is not the case.  The next level of coverage is from the injured driver’s own health insurance policy.

    Often, before a private health insurance company will cover the medical expenses, it will need an exhaustion letter from the insured’s auto insurance company.  In essence, the exhaustion letter tells the health insurance company that all PIP benefits have been used.

    Therefore, a driver injured in a hit and run accident does not have to worry about their medical expenses because the hit and run driver’s insurance has nothing to do with payment of medical expenses.

    Legal Rights

    In terms of liability, drivers injured in hit and run accidents may think they have no legal options and cannot financially recover for their injuries and damages.  Again, this is not the case.  Drivers in Pennsylvania have the option to purchase underinsured/uninsured motorist (UIM/UM) coverage on their auto insurance policies.

    Drivers injured in hit and run accidents may file UM claims with their own insurance companies and recover up to the limit they purchased.  However, unlike PIP coverage, UM coverage is not mandatory.  If drivers declined to purchase this option, then they will have no legal options.

    Consider the following scenario.  Driver A is seriously injured in a car accident in Philadelphia.  The driver who caused the accident fled the scene and cannot be located.  Driver A has $100,000 in UM coverage.  He can file a UM claim with his own auto insurance company to recover for his injuries and damages.  If his injuries and damages are $90,000, then he may be able to recover the full $90,000.  However, if his injuries and damages are beyond $100,000, the maximum he will receive is $100,000.

    If Driver A does not have UM coverage, then he unfortunately will not be able to financially recover for his damages and injuries until the driver is located.  Driver A may then file a car accident injury lawsuit against the at-fault driver, assuming the lawsuit is filed within Pennsylvania’s two year statute of limitations for tort cases.  Driver A may recover up to the limit of the at-fault driver’s liability coverage.  If the at-fault driver has $100,000 in liability coverage, the maximum recovery Driver A may recover is $100,000.

    Help After A PA Car  & Truck Accident

    If you were injured in a car accident and want to explore your legal rights, call the Pennsylvania car accident lawyers at Morris Wilson Knepp Jacquette. Our personal injury lawyers have been handling car accident cases for decades.  Contact our law firm for a free consultation. (610) 827-5191

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