Helpful Pennsylvania Injury Cases

• Under the Limited Tort Election the insurance company must provide a valid limited tort election form.
  
  Figueroa V. Evans, Lancaster County, No. CI-98-11237 (6/16/2000) Ashworht, J.
  
  In this case the insured Figueroa signed both the limited tort option ands the full tort option. The court said it was the duty of the insurance company to obtain a valid tort option and that therefore in this case Figueroa was full tort.
  
  
• Father can be held liable if he could have foreseen that his child would drive intoxicated.
  
  Cashion v. Schlanger, 5099 Civil 2000 (C.P. Monroe November 3, 2000).
  
  Court reasoned that the father could have foreseen that on the eve his son was to enter alcohol rehab program his son would get intoxicated and therefore the father should not have allowed his son to drive.
  
  
• In order to perfect an uninsured (hit and run) claim involving an unidentified motor vehicle, the accident must be reported to the police within 30 days.
  
  Garret v. Nationwide Insurance Company, 52 Northampton Cty. Reporter 39 (Jan. 3, 2000).
  
  Ms Garret reported her claim to her agent but this was not enough. Not until 4 months later did she report the accident to the police. Nationwide denied the claim because it was not reported within 30 days as per 75 Pa.C.S.A. section 1702.
  
  
• Occupant of an unregistered vehicle is entitled to Assigned Claims Plan Benefits:
  
  Ortiz v. Gamble 759 A.2d 408 (Pa. Super. 2000).
  
  Ortiz was a passenger in a car operated and owned by Gamble when they were involved in an accident. Gamble had not registered the car and did not have auto insurance coverage. In the accident, Ortiz was injured. Ortiz was entitled to get benefits from the assigned claims plan to pay for his medical bills.