Our client was out riding his motorcycle in Lancaster County and came to a stop at a red light. While he was sitting there, he was struck from behind by a horse and buggy. He was thrown from his bike and dragged across the road by the horse. The motorcycle then fell on him and the front wheel struck his head. The horse rider lost control of the horse leading to the injuries sustained by our client during this wild accident. Our client then went to the local hospital, but could not take painkillers to avoid what was hurting him because he was on a liver transplant waiting list and needed specific clearance to circumvent this setback.
In Pennsylvania, under the Motor Vehicle Financial Responsibility Law, the state only requires that each driver has a minimum $5,000 car Personal Injury Protection (PIP) policy and as a result, many drivers only have that much coverage. This is typically the money that injured parties aim for first. In our client’s case however, we discovered that our client’s insurance company rejected the claim for coverage in this accident because it only covers accidents stemming from motor vehicles, which meant that a horse and buggy did not qualify our client to receive any money from his insurance policy. The injured party’s insurance company will avoid paying their client the money they are owed through their insurance policy in many different ways. Tactics of insurance companies usually consist of accusations that the injury sustained was not severe enough, or that the injuries were not a result of the accident. Here, they creatively recognized they had no obligation to cover their insured motorcycle driver when he injured himself as a result of an accident with a horse and buggy.
Our attorneys, did everything possible to make sure our client was able to overcome both obstacles of his liver transplant complication and his insurance company denying his insurance policy payout. Doing so requires a high attention to detail and a reassessment of goals. Our client had racked up nearly $15,000 worth of hospital bills since the accident. Instead of looking at our client’s or the defendant’s automobile insurance policy, we began to look at the defendant’s health insurance policy, which had strong coverage. From there, we proved how the defendant was liable for our client’s pain and injuries, and the health insurance company agreed to settle the case. Soon enough, the attorney in charge of our client’s case, Tim Kraeer, was able to negotiate a $30,000 recovery settlement. This was a tremendous accomplishment for our client and he was understandably thrilled to hear the news.
Ciccarelli Law Offices have decades of legal experience in automobile accident cases and personal injury claims. You can trust Ciccarelli Law Offices to assist you as we have helped thousands before. Lee Ciccarelli created a team of experienced and dedicated attorneys with one goal: protecting and fighting for you and your family’s rights. Call us to discuss your case at 610-692-8700 or toll free at 877-529-2422.