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Scott Cooper
Scott Cooper
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Uninsured Motorist Can Now Recover All Economic Loss From Tortfeasor In Pennsylvania

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Attached is a link to an important Pennsylvania Supreme Court Opinion from February 21, 2012 in Corbin v. Khosla dealing with the injured victim’s ability to recover medical bills from the third party tortfeasor under the third party tortfeasor’s liability coverage, if the injured person is the owner of an uninsured vehicle. The Pennsylvania Supreme Court holds that “Section 1714 of the MVFRL does not preclude an uninsured motorist from recovering tort damages for economic loss from an alleged third party tortfeasor under the tortfeasor’s liability coverage.”

Importantly, the Court also expressly abrogates any lower Superior Court cases such as Bryant v. Reddy and McClung v. Breneman which have ruled to the contrary.

This now means that even though the owner of an uninsured veihlce will be deemed to have limited tort in Pennsylvania for a car accident or car wreck that they still will be able to recover reimbursement for medical bills and wage loss from a negligent or reckless third party. The person will still not be eligible for first party benefits from any carrier.

http://www.pacourts.us/OpPosting/Supreme/out/J-99-2010mo.pdf

The Pennsylvania car accident attorneys with Schmidt Kramer Injury Lawyers can answer any questions you may have if you are injured in a car accident or car wreck in Harrisburg, Central Pennsylvania and around the Commonwealth, especially if you have been seriously injured by another driver’s negligent or reckless conduct