Re: Hit by a drunk driver, while driving a rental car...

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Dear Var,

This offering is for the purpose of general discussion
only, not to offer legal advice; as, one, you are already
represented by counsel, and you should listen to your
counsel's advice; and, two, I am not licensed to practice in
Pennsylvania, so I do not know Pennsylvania law. That
said, my guess is that since you were driving a rental car
and had taken insurance, you might very well have been
covered by liability insurance so that no such law as we
have in Louisiana called the "no pay, no play" insurance law
would apply to you preventing you from recovering say, the
first ten-thousand dollars of your personal injury damages.
For example, if a person in Louisiana is driving his car and
it is not covered by liability insurance, even if the other
driver is at fault, the uninsured driver who is not at fault
cannot recover for the first ten thousand dollars of his
personal injury damages. Also, in Louisiana, when a driver
is DWI (DUI, whatever you call it...driving drunk), then he
can be cast in judgment, not only for compensatory damgages,
but also for punitive damages; and in many cases punittive
damages may far exceed the actual compensatory damages
awarded by the court or jury. There is a chance that
Pennsylvania has some of the same types of insurance laws
that Louisiana has; for Louisiana is light years behind most
other states, and we ususally get our laws here after they
have been in effect for several years in other more advanced
and leading states. I would recommend that you discuss these
issues with your lawyer, and at the same time begin to
research the law on your own, and in particular such things
as I have referred to as the "no-pay, no-play" insurnace
law, as well as the "punitive damage" law of Pennsylvania.
Find out if a DWI driver is responsible for not only
compensatory damabes, but may also be held responsible and
cast in judgment for punitive damages, as well. Study what
punitive damages are. Do some Google searches, and go to
LAWGURU with your questions, so that you may become more
knowledgeable of the Pennsylvania insurance and personal
injury laws, so that you might more intelligently discuss
the issues pertaining to your case with your attorney or
attorneys. Good luck! If I may help in any way, feel free
to call me; but I must again point out that all I will be
able to do is just to just disuss law with you generally,
and from a Louisiana lawyer's point of view. Again, good
luck!

Sincerely,

Hardy Parkerson, Attorney - Lake Charles, LA

On 12/18/06, Var Young wrote:
> Just before xmas 05 I was hit by a drink driver. I had been
> driving a rental car, which I had also purchased the
> insurance. I live in PA, where its THE LAW to have auto
> insurance, I owned/lease a vehicle in PA, however I had
> allowed my insurance to lapse..(BOO!! 2 me...I know) In any
> case, I would like to know if anyone has been in a similiar
> situation. The driver had isurance, but I dont know what it
> will cover. My medical bills were covered by the rental
> company, since I had purchased it. Since I didnt have
> isurance on my vehicle I almost wasnt able to sue the guy,
> but since he had be drunk driving that changed. Please help
> with some advice. The guy actually owns a few local bars
> <--HOW BOUT THAT!! I did seek legal representation, but I
> honestly dont think that they doing all the things they
> should. I only think that because everyone is asking what
> the heck is going on, it should be an opened and closed
> case. The police reports shows it, the blood test shows it.
> Any advice will be helpful....
>
> Thx
> V.Y