If you have collision coverage, you look to your own insurance company to pay for your property damage. But what about reimbursement for the deductible? What about compensation for the injuries you suffered, or lost wages, or excess medical bills, or scarring that is permanent? You file a claim against the negligent party for those losses.
Typically, you seek recovery from the negligent party. But if the negligent party does not have insurance, you may be able to gain compensation from your own insurance; that is, if you have what is known as “uninsured motorist coverage.”
In Pennsylvania, there is something called comparative fault. The court can apportion each of the parties a percentage of negligence. As long as your own negligence is not over 50%, you may still be able to recover compensation.
JERRY LYONS, ESQUIRE
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