I was injured as a passenger in an uber in Pennsylvania. The uber driver was rear ended, and the other party's insurance admitted fault. I am from out of state and was traveling for work. Workers comp is paying medical bills, and I have missed time from work. I have KS car insurance for my personal vehicle (which was very far away and not involved).
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What can I claim against the at-fault driver? (Medical, wages, pain and suffering, other economic damages?) PA law is really confusing me.
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If the final amount is above the drivers policy limits, does Uber cover the remaining? (Under-insured motorist?)
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I shouldn't have to claim anything on my own insurance since there is also workers comp and uber involved?
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Does workers comp have subrogation rights if medical isn't part of my settlement? (If I'm understanding PA law?)
Also any ideas on settlement amounts? I'm going on 4+ months of doctor visits, physical therapies, etc. I can calculate an economic value (wages, medical, other), but pain and suffering is more difficult.
Posted by bye2mifatpantz
2 Comments
You never said what your injuries were?
What legitimate economic damages do you have including lost wages? If your workman’s comp is covering it?
Since you have work comp covering your medical, then you don’t need to ‘claim’ that since you have no loss, but work comp will subro against your settlement so that is included in the bodily injury claim. If there is a gap with lost wages from work comp, yes, that can be claimed. You can get pain and suffering too.
PA does not mandate underinsured motorist coverage and according to the insurance certificates on Uber’s website they don’t provide it so while you should rule it out, it doesn’t appear to be there.
So then yes, if you needed a UIM claim that would be through your own auto policy. You may also be able to claim a gap in lost wages through your PIP coverage, but that should also be available through Uber’s policy since PA is also a no fault state. But in PA, if you have your own PIP, your PIP is primary, but since you’re from out of state, I’m not sure how that would apply.
It would be impossible to speculate about the potential value of your case. You’re in the middle of treatment and you’ve provide no real information to assess that