Can I Sue My Own Insurance Company for my Injuries in a One-Car Accident in a No Fault State?
We wanted to share the answer to this question and answer on our blog as it may help our readers…
I was in accident caused by a deer hitting my vehicle which made me go off the road, striking a tree. I was alone in the vehicle and no one else was involved. I had several severe injuries and will be in pain for the rest of my life. I heard that Pennsylvania is a no-fault state so I would be able to sue my own insurance company. Is this true?
You cannot sue your own insurance company for pain and suffering in this situation. You are entitled to the coverage you purchased for the repairs or replacement of your vehicle; rental reimbursement; medical expenses; and wage loss.
If you were run off the road by another vehicle, rather than a deer, and you purchased such coverage, you could collect uninsured motorist benefits. Since a deer does not qualify as a motor vehicle, that coverage is not available to you for this accident.
Hopefully you purchased ample medical and wage coverage from your auto insurer so you will be covered for your losses.
In Pennsylvania, you collect first party benefits and collision loss benefits under your policy depending on what coverages you selected. Under Pennsylvania law, all policies must cover the first $5,000.00 of medical expenses (provided they are fair, reasonable and caused by the accident). Higher limits are of medical coverage is available and should be considered. Wage loss coverage is not required.
If you or a loved one has been hurt through no fault of your own, contact us for a free consultation at 215-348-5455. Or email us at [email protected].