Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases
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Vehicle and Automobile Accidents

    12/19/2008
    James R. Carroll, Jr., Esquire
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    Federal Judge predicts Pennsylvania Supreme Court will lift ban on uninsured driver recovery

    The Legal Intelligencer (12/19, Duffy) reports, "In a significant victory for uninsured drivers who are victims of accidents through no fault of their own, a federal judge has predicted that the Pennsylvania Supreme Court is poised to lift a court-imposed ban on their seeking awards of economic damages."

    In the case, "Corbin v. Khosla, US District Judge Joel H. Slomsky found that although the Pennsylvania Motor Vehicle Financial Responsibility Law specifically prohibits an uninsured motorist from recovering first-party benefits in a suit against an insurer, the law includes no such bar for suits against alleged third-party tortfeasors." Slomsky wrote, "The bar on recovery in Section 1714 only addresses recovery from insurance companies."


    Labels: automobile accident first party benefits tortfeasors uninsured driver


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