• BETHLEHEM, PA
    140 E. Broad Street
    Northampton County
    Bethlehem, Pennsylvania 18018
    610-866-0469
  • STROUDSBURG, PA
    45 North 7th Street
    Monroe County
    Stroudsburg, Pennsylvania 18360
    570-421-0893
  • PERKASIE, PA
    1282 Route 113
    P.O. Box 178
    Bucks County
    Perkasie, Pennsylvania 18944
    215-257-4842
  • ALLENTOWN, PA
    Lehigh County
    Allentown, Pennsylvania 18104
    610-432-4160
  • EASTON, PA
    Northampton County
    Easton, Pennsylvania 18042
    610-258-6470
  • LANSDALE, PA
    Montgomery County
    Lansdale, Pennsylvania 19446
    215-368-5545
  • LEHIGHTON, PA
    Carbon County
    Lehighton, Pennsylvania 18235
    610-377-2134
  • QUAKERTOWN, PA
    Bucks County
    Quakertown, Pennsylvania 18951
    215-538-5350

Speak with ME today!

1-800-980-4842

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UNDERINSURED MOTORIST SETTLEMENTS

Pike County PA                    $350,000.00

A Poconos PA underinsured motorist claim settlement of $350,000 was agreed to after a car accident on Rt. 209 near Bushkill, PA.  The Pocono Mts. resident was a passenger in a car when their motor vehicle was rear-ended and forced off the road into an embankment.  The reckless driver who caused this car crash fled the scene.  Fortunately, the PA State Police were able to track him down and charged him with drunk driving.

The car accident victim was taken by ambulance to Pocono Medical Center in East Stroudsburg, PA.  Due to the severity of her injuries, she was immediately transferred to the Lehigh Valley Trauma Unit in Allentown, PA.  The diagnosis was – a left knee torn meniscus, righthip fracture, rightfemur fracture, leftkneecap fracture and a leftfemur fracture.  Numerous surgeries were performed with pins, screws and plates used to stabilize the fractures.

The Pocono Mts. resident was an in-patient at Lehigh Valley Hospital for 10 days.  The UIM victim was then sent to a rehabilitation facility in the Lehigh Valley for an additional week of hospitalization.  She had to return to the Allentown area hospital to undergo an additional surgery because there was a non-union of the broken bone in her right leg.

Once her medical situation had stabilized, Attorney Newell negotiated with the insurance company representing the drunk driver.  After they paid the policy limit, a UIM claim was made.  The Stroudsburg Pennsylvania underinsured motorist claim lawyer secured a total settlement of $350,000.00 by also obtaining the UIM policy limit.

Please CONTACT ME to have a Pennsylvania underinsured motorist attorney with over 30 years of experience provide you with a free HOME consultation for your PA underinsured motorist claim.

Northampton County PA                    $280,000.00

A settlement of $280,000.00 resolved a Lehigh Valley PA underinsured motorist claim.  A woman from Northampton County was in an automobile driven by her husband near Bath, PA.  They were hit by a car that went thru a red light.  The Lehigh Valley resident was thrown against the dashboard and windshield.

The passenger was treated at St. Luke’s Hospital in Bethlehem, PA for multiple hip fractures and a dislocated hip.  A Bethlehem surgeon performed closed reduction surgery on her hip.  Another surgery was required to put a screw in place to hold a bone fragment.  Despite the best efforts of her surgeon, the hip remained unstable and a total hip replacement was required.

The Northampton County Pennsylvania underinsured motorist attorney obtained a $280,000.00 settlement for the Lehigh Valley resident.  The defendant’s insurance company paid its $250,000.00 policy limit and her insurance carrier made an additional $30,000.00 UIM payout.

**Past settlements/verdicts obtained by Attorney Thomas J. Newell in other Pennsylvania UIM cases were evaluated according to their specific facts.  They do not guarantee a specific result in your PA underinsured motorist claim.

Tioga County PA                    $230,000.00

Pennsylvania auto accident victims settled their PA underinsured motorist claims for $230,000.00.  They were heading home from a Christmas shopping trip in New York when a negligent driver came into their lane and hit their motor vehicle head-on.  The automobile driver sustained numerous fibula fractures which required open reduction surgery using a plate and screws to hold the broken leg in place.

One of the Pennsylvania car accident victims sustained a fracture to her lateral orbital area, a fracture to her orbital rim and fractures to her zygomatic arch.  The other passenger suffered multiple ankle fractures, a tibia fracture, a fibula fracture and many broken ribs.  She underwent operations to treat her broken ankle and broken leg.

After Attorney Newell obtained the Defendant’s liability policy limit, he made Pennsylvania underinsured motorist claims for all 3 victims.  The insurance company for the car they were in paid their PA underinsured motorist limit, as did the insurance carriers for the vehicles owned by the Plaintiffs which provided PA UIM coverage.  Altogether, the Pennsylvania underinsured motorist lawyer obtained $230,000.00 in settlements for his PA personal injury victims.

Please see UNDERINSURED MOTORIST FAQ’s for answers to your Pennsylvania UIM questions.

Lehigh County PA                    $225,000.00

An Allentown PA underinsured motorist claim was settled for $225,000.00 after an auto accident on Lehigh Street in Allentown.  A negligent driver from Whitehall PA rear-ended the Lehigh Valley resident.  An MRI performed at St. Luke’s Hospital in Bethlehem Pennsylvania showed that she had a herniated disc.  The Lehigh County car accident victim received facet joint injections, epidural steroid injections and nerve root injections for her disc herniation.

The Lehigh Valley underinsured motorist victim’s left shoulder was weak, numb and had tingling sensations.  A cortisone shot did not help her subacromial impingement and tendinitis.  Her Easton PA orthopaedic surgeon performed surgery, which included an arthroscopy, subacromial decompression with a coracoacromial ligament release, as well as an acromioplasty of the left shoulder.  An additional surgery was needed to have her scapula scraped to remove adhesions caused by the trauma of the PA car accident.

Once Attorney Newell filed a lawsuit, the Defendant’s insurance company paid its policy limit.  An underinsured motorist claim was then pursued against her carrier.  The Lehigh County Pennsylvania underinsured motorist attorney obtained a $225,000.00 settlement for the Allentown PA resident.

Bucks County PA                    $140,000.00

A Bucks County PA underinsured motorist claim resulted in in a $140,000.00 settlement after a car crash.  An automobile pulled out directly in front of the Quakertown, PA car accident victim.  She was knocked unconscious and her knee hit the dashboard.

A Bucks County orthopaedic surgeon had her undergo an MRI which showed that she suffered from a meniscus tear and an anteriorcruciate ligament tear.  Arthroscopic surgery was performed to repair the 2 tears.  The Quakertown Pennsylvania underinsured motorist lawyer obtained a $140,000.00 settlement for the Bucks County resident.  $90,000.00 was paid by the Defendant’s insurance company and $40,000.00 from her PA underinsured motorist coverage.

Please visit HOME for detailed information regarding Attorney Newell’s qualifications and experience to represent personal injury victims making a PA underinsured motorist claim.

Monroe County PA                    $137,000.00

A total settlement of $137,000.00 was agreed to by a Stroudsburg PA underinsured motorist claim victim after a car accident in Stroudsburg.  The Monroe County PA resident was walking across the road in front of his house when he was hit by a negligent driver.

Surgery on his hip and leg was performed at Lehigh Valley Hospital in Allentown, Pennsylvania.  The severe injuries and surgery caused the Poconos resident to miss many months of work.  His Monroe County PA underinsured motorist attorney negotiated a $137,000.00 total settlement package for him.  $100,000.00 was paid by the Defendant’s insurance company.  A $37,000.00 UIM payment was made by his insurance carrier.

Monroe County PA                    $135,000.00

A Monroe County Pennsylvania underinsured motorist claim was settled for $135,000.00.  A Poconos resident was hit by a drunk driver in New Jersey.  He broke his left arm and right hand.  Physicians at Pocono Medical Center in East Stroudsburg PA put both arms in a cast.  Medication was used to alleviate the headaches and other concussion symptoms caused by the car crash.

After his medical care concluded, the Monroe County PA underinsured motorist lawyer obtained a settlement of $135,000.00.  The Poconos resident’s insurance company made a $35,000.00 UIM payment after the drunk driver’s carrier paid its $100,000.00 policy limit.

Bucks County PA                    $130,000.00

Settlements for Quakertown PA underinsured motorist claims totalled $130,000.00 after a car-motorcycle crash in Monroe County Pennsylvania.  A couple were riding their motorcycle on Rt. 611 near Stroudsburg PA when they were hit by a car.  Treatment was provided at Lehigh Valley Hospital in Allentown Pennsylvania.

The passenger sustained 2 fractures to her low back, as well as a broken rib.  Her injuries healed without the need for surgery.  Unfortunately, the rider was not as fortunate.  An open reduction and internal fixation surgery was needed for his clavicle fracture.  He also suffered rib fractures and injured his wrist.

The Bucks County Pennsylvania underinsured motorist attorney obtained settlements totalling $130,000.00 for the UIM victims’ injuries.  This payout was the maximum insurance coverage limit from all available insurance policies.

Allegheny County PA                    $128,000.00

A Pennsylvania underinsured motorist claim settlement of $128,000.00 was agreed to by an Allegheny County PA resident.  The car accident victim was rear-ended on her way home from work and was initially treated for her left hip injuries by an orthopaedic specialist from Pittsburgh PA.  Medication and physical therapy were of little help.  An MRI showed that the car crash victim had an oblique tear of her mid-anterior labrum.

A steroid injection provided no relief.  A renowned hip surgery specialist from New York operated on the Pennsylvania UIM victim.  Surgery was a left hip arthroscopy, synovectomy, labrale debridement and a labrale repair.  The Pennsylvania underinsured motorist lawyer obtained a settlement of $128,000.00.  The Defendant’s insurance company paid its $100,000.00 policy limit.  An additional $28,000.00 payout was made by the personal injury victim’s underinsured motorist insurance company.

Monroe County PA                    $115,000.00

A Monroe County Pennsylvania underinsured motorist claim settlement of $115,000.00 was agreed to by a Poconos resident.  He was a front seat passenger in pick-up truck.  The driver was driving too fast in rainy conditions on I-80 when he lost control and crashed in the oncoming travel lane.  Upon impact, the passenger slammed into the dashboard.

The Poconos car accident victim received emergency room care.  A Cat Scan of his lumbar spine identified a compression fracture of the L-1 vertebrae.  A Scranton PA orthopaedic specialist and a Greentown family doctor regularly checked the healing process of the vertebrae fracture.  A back brace was required to be worn for 2 months.

In addition to the low back fracture, an MRI showed herniated/bulging discs in his lumbar spine.  These injuries kept him out of work for nearly 6 months.  In less than 65 days after his client’s return to his job, the Poconos PA underinsured motorist claim attorney had settled the UIM claim for $115,000.00.  The insurance company representing the negligent driver paid its policy limit of $100,000.00.  The passenger’s underinsured motorist claim with his own insurance company resulted in an additional $15,000.00 payout.

Monroe County PA                    $115,000.00

A settlement of a Monroe County PA underinsured motorist claim was reached with a $115,000.00 total payout.  The Poconos car accident victim was driving on Rt. 209 when an automobile crossed the double yellow line causing a head-on crash.  The Stroudsburg PA underinsured motorist was thrown into the windshield resulting in an instantaneous loss of consciousness.  Her right ear was almost severed from her head.

The ambulance rushed her from the scene of the collision to Pocono Medical Center in East Stroudsburg.  The surgeons re-attached her ear and also treated her broken toes and fractured nose.  The Stroudsburg PA underinsured motorist claim attorney obtained a $115,000.00 payout – the maximum insurance coverage available.  The negligent driver’s car insurance company paid its $15,000.00 policy limit.  The Monroe County resident’s underinsured motorist carrier paid its $100,000.00 UIM policy limit.

Northampton County PA                    $90,000.00

A Lehigh Valley PA underinsured motorist claim was settled with a total payout of $90,000.00 – the maximum insurance coverage available.  A young girl was seriously injured in a motor vehicle crash.  The ambulance crew took her to Lehigh Valley Hospital in Allentown Pennsylvania.  CT scans and x-rays established that she had a lacerated bladder, a closed head injury and 2 fractures to her pelvis.

Surgery was needed to suction out blood and urine and to install both a catheter and a drain.  The automobile accident victim was admitted for a 7 day hospitalization.  The Northampton County PA underinsured motorist lawyer obtained the $90,000.00 insurance policy limit payment – $15,000.00 from the Defendant’s insurance company and $75,000.00 from her father’s underinsured motorist carrier.

Please go to CLIENT REVIEWS to read about the experiences of over 50 of Attorney Newell’s former Pennsylvania personal injury clients.

Bucks County PA                                $ 82,684.00

In February of 2014, a Bucks County UIM claim was settled for a total payout of $82,684.00. A Quakertown PA resident was a passenger in her daughter’s car when the driver lost control of the vehicle on the Northeast Extension of the PA Turnpike. The car hit a construction sign and sustained significant damage to the passenger side.

The Bucks County resident ultimately underwent surgery on her left shoulder to repair a rotator cuff tear. Good results were obtained from the rotator cuff surgery and the 64 year old woman was able to resume her active lifestyle. The Bucks County underinsured motorist attorney obtained $77,684.00 from the driver’s insurance company and a $5,000.00 payment from the UIM carrier.

Berks County PA                    $77,500.00

A settlement of a Berks County PA underinsured motorist claim was agreed to with a $77,500.00 payment.  A negligent driver on Route 222 made a left turn immediately in front of a Berks County resident causing a motor vehicle accident.  She was thrown forward into the steering wheel and windshield.  Initial medical care was provided at the Reading Hospital and Medical Center.

Because of her jaw pain and headaches, the Berks County car accident victim was sent to a TMJ specialist.  Her jaw injury was diagnosed as bilateral disc displacements within the TMJ complex.  The use of an appliance did not eliminate the symptoms.  Multiple steroid injections were administered.  Her dental expert installed braces which were worn for 2 years.  Once the braces were removed, retainers were worn at night.

The Berks County PA underinsured motorist attorney obtained settlements from her Worker’s Compensation carrier, the Defendant’s car insurance company and his client’s underinsured motorist insurance carrier with a total payout of $77,500.00.

Wayne County PA                    $76,000.00

A Wayne County PA underinsured motorist claim resulted in a total payout of $76,000.00.  A Greentown Pennsylvania resident was injured in a motor vehicle crash and taken by ambulance to Easton Hospital.  Her Lehigh Valley orthopaedic surgeon interpreted x-rays to show 5 fractured ribs and 3 broken fingers.

The force of the car accident was so severe that she lost consciousness.  The Wayne County resident endured frequent headaches and severe pain in her chest from the broken ribs.  The Wayne County PA underinsured motorist attorney obtained a $73,500.00 settlement from the Defendant’s carrier, as well as a $2,500.00 payout from his client’s underinsured motorist coverage.

Northampton County PA                    $65,000.00

A $65,000.00 settlement resolved a Lehigh Valley PA underinsured motorist claim.  A driver of a car went thru a stop sign cutting off a Harley-Davidson rider.  The PA UIM victim laid his motorcycle down and tumbled on the highway.  He had 2 broken bones in his left leg.  Numerous staples and stitches were used to close the many lacerations.  The car crash victim was admitted to Lehigh Valley Hospital for 4 days.

Once the broken leg had healed, the Lehigh Valley underinsured motorist attorney secured a total payout of $65,000.00.  The negligent defendant’s automobile insurance company paid its policy limit.  The PA UIM lawyer also obtained the maximum amount possible from 2 underinsured motorist claim policies.

Lehigh County PA                    $65,000.00

A Lehigh County Pennsylvania underinsured motorist claim was resolved with a $65,000.00 settlement.  A car pulled out in front of a Harley-Davidson causing the crash.  The passenger was thrown from the Harley.  An MRI taken at the Lehigh Valley Hospital Trauma Center in Allentown PA revealed 2 bulging discs in her low back.  An x-ray showed she had sustained a broken big toe.

Physical therapy and numerous steroid injections were used to treat the UIM victim’s lumbar spine.  After her medical care ended, the Lehigh County PA underinsured motorist lawyer obtained a $65,000.00 payout.  The Defendant’s insurance company paid its policy limit and the UIM policy limits from 2 underinsured motorist coverages were also obtained.

Northampton County PA                    $65,000.00

A Northampton County PA underinsured motorist claim was settled with a $65,000.00 total payout.  An Easton PA resident pulled out from a stop sign directly in front of a motorcycle rider who was forced to lay his Harley-Davidson down.  Care included an MRI which showed he had a bulging disk in his lumbar spine.

Chiropractic care, physical therapy and steroid injections were used to treat the Northampton County motor vehicle crash victim.  The Lehigh Valley underinsured motorist lawyer obtained $65,000.00 via the defendant’s policy limit and the UIM policy limit from the motorcycle rider’s policy.

Monroe County PA                    $45,000.00

A Stroudsburg Pennsylvania underinsured motorist claim resulted in a $45,000.00 settlement for a Poconos resident.  She was stopped waiting to make a left turn onto Route 191 when she was rear-ended.  She was treated at a Mt. Pocono PA medical office for low back pain.

An MRI showed a lumbar spine disc herniation at L4-L5.  Her East Stroudsburg PA UIM attorney obtained the Defendant’s insurance policy lilmit, as well as an underinsured motorist claim payment for a total payout of $45,000.00.

Monroe County PA                    $40,000.00

A Monroe County PA underinsured motorist claim resulted in a policy limit settlement of $40,000.00.  An Effort PA automobile accident victim was hurt when a drunk driver crossed over into her lane striking her car head-on.  Her vehicle was totalled and the property damage was so severe that the jaws of life were used to get her out of the car.

A MedEvac helicopter flew her to Allentown PA where she was admitted to Lehigh Valley Hospital.  She was put under general anesthesia so a closed reduction procedure could be performed on her dislocated hip.  Her fractured hip and fractured fibula were monitored to ensure no surgeries were needed.  A head laceration was closed with 12 staples.

The Monroe County PA underinsured motorist claim attorney obtained the Defendant’s $25,000.00 policy limit and the victim’s $15,000.00 UIM policy limit for a total personal injury settlement of $40,000.00.

Montgomery County PA                    $40,000.00

A Bucks County PA underinsured motorist settlement of $40,000.00 was agreed to after a car accident on Route 309 in Montgomery County.  A Sellersville PA resident was driving his automobile on Route 309 when he was rear-ended.  He went to the emergency room at a hospital in Lansdale, Pennsylvania where he was treated for neck and back injuries.

His soft-tissue injuries were treated by a Telford PA chiropractor and physical therapist in Lansdale.  The Sellersville resident’s job required frequent overseas trips which increased his neck and back pain.  His Hatfield family doctor disabled him from work due to the long flights making his symptoms worse.

The Bucks County PA underinsured motorist claim lawyer obtained a settlement payment totalling $40,000.00 from the Defendant’s car insurance company and his UIM insurance coverage.

Please visit CAR ACCIDENT SETTLEMENTS for a review of over 50 summaries of other Pennsylvania car accident case results.

Monroe County PA                    $35,500.00

An East Stroudsburg PA underinsured motorist claim settlement of $35,500.00 was agreed to after a car crash on Rt. 611.  A drunk driver rear-ended the Poconos resident and then fled the scene.  The innocent victim was examined at Pocono Medical Center in East Stroudsburg for an injury to her left hand.  She was sent to an orthopaedic office in the Poconos.  An MRI showed a volar plate injury, as well as a swan-neck deformity.

The Monroe County car accident victim wore a splint and went thru several months of physical therapy for her hand.  An MRI of her neck confirmed a small central disc herniation.  Medication and physical therapy alleviated the pain she was experiencing in her cervical spine. The Defendant’s carrier paid its policy limit and the Monroe County underinsured motorist attorney obtained a UIM payout which provided a total settlement of $35,500.00.

Bucks County PA                    $29,000.00

A Perkasie PA underinsured motorist claim was resolved with a $29,000.00 settlement payout.  A reckless driver went thru a stop sign in Perkasie and struck a motor vehicle driven by a Perkasie resident whose van rolled over and crashed into a telephone pole.  His leg struck the dashboard during the car crash.  Am ambulance took him to Grand View Hospital in Sellersville PA.

The Bucks County PA car accident victim’s knee was very painful.  An MRI confirmed that he had a tear of the posterior horn of the medical meniscus.  Left knee arthroscopic surgery was performed and the negligent Defendant’s insurance carrier failed to make a fair settlement offer.  Attorney Newell filed a lawsuit in the Bucks County Court of Common Pleas.

Shortly after the lawsuit was filed, the Defendant’s insurance company paid its policy limit.  The Perkasie PA underinsured motorist attorney then obtained a UIM payout from his client’s underinsured motorist company.  The total settlement payment was $29,000.00.

DISCLAIMER

Each Pennsylvania underinsured motorist claim must be evaluated while considering these factors:  the circumstances of the car crash, violations of the Pennsylvania Vehicle Code, the injuries sustained and the available Pennsylvania underinsured motorist coverage limit(s).

Attorney Thomas Newell provides the content of this website for informational purposes only. Nothing provided in this website should be interpreted as being legal advice. The laws regarding Pennsylvania underinsured motorist claims are constantly evolving and changing. You are strongly advised to hire an underinsured motorist claim lawyer licensed to practice law in the Commonwealth of Pennsylvania.

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Pennsylvania UIM Claim
Legal Decisions

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PA Supreme Court Upholds Regular-Use UIM Exception

In October of 2011, the Pennsylvania Supreme Court upheld prior court rulings and affirmed the granting of a Motion for Summary Judgment for Geico against an UIM claim.  Geico had insured a Pennsylvania State Police Trooper for a personal automobile insurance policy.

The Lawrence County resident was driving a State Police car while on duty when he was seriously injured by a negligent driver.  The PA car crash victim did not have the ability to recover UIM benefits under the automobile policy for the State Police so he made an underinsured motorist claim against Geico – his own personal carrier.

Geico’s Motion for Summary Judgment was granted based upon the regular-use  exclusion set forth in the policy.  The PA Supreme Court ruled that the exclusion was not void as against public policy.  If they ruled to the contrary, insurance companies would have to compensate victims for risks they had not agreed to insure and for which premiums had not been collected.  Williams v. Geico, 32 A.3d 1195 (Pa. 2011)

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Change in Liability Coverage Does Not Alter UIM Insurance

On March 25, 2011, the Pennsylvania Superior Court ruled against PA car accident victims who were seeking additional underinsured motorist benefits.  A Bucks County resident insured 3 motor vehicles with Nationwide with liability limits of $100K/300K and UM/UIM limits of $15K/$30K.  He later amended his coverage to $25,000/$50,000 for both liability as well as UM/UIM.

The UIM claimant later obtained a new vehicle that required a bodily injury limit of $100K/$300K.   He sent Nationwide a form requesting that change and concluded with this language:  “leave other coverage the same and add lease holder as requested.”  When his wife and mother-in-law suffered serious injuries in a subsequent accident, they demanded UIM coverage equal to the liability limit of $100K/$300K.

Nationwide denied the underinsured motorist claim and filed a declaratory judgment action in the Court of Common Pleas in Bucks County.  The trial court ruled in favor of Nationwide as did the Appeals Court.  The Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) did not require Nationwide to give the policyholders another opportunity to raise their UIM limits when they increased their bodily injury liability benefits under an existing policy.  The Bucks County ruling of UIM payments of $25,000.00 to each UIM claimant was upheld.  PA Superior Court Grants Stacking to UIM Victim

Nationwide did not offer nor obtain a new stacking waiver to be signed by either of the plaintiffs. The husband was injured in a car wreck while a passenger in another car. He obtained the defendant’s policy limit and the UIM limits of the automobile he was in. He then made a UIM claim of stacking for all 3 vehicles insured under his Nationwide automobile insurance policy. The court ruled that once the new vehicle was added, Nationwide was required to obtain a new signed waiver form to prevent a stacking claim. Since they did not, the car crash victim was able to stack all three $100,000.00 UIM policy limits.

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PA Supreme Court Rules Against Accident Victims

The UIM victim received income loss benefits from his own private disability policies, a work disability policy, as well as SSA disability benefits.  A lawsuit was filed against the truck driver.  After the case was settled, an underinsured motorist claim was made against Nationwide.  The insurance company argued at a Bucks County UIM hearing that the UIM victim’s recovery should be reduced by all the disability benefits he had received from the non-automobile insurance sources.

The Pennsylvania Superior Court affirmed the Trial Judge’s decision.  However, on appeal, the PA Supreme Court interpreted the Pennsylvania Motor Vehicle Financial Responsibility Law as requiring a set-off for any benefits received by the injury victim even though the insurance company never paid for those supplemental benefits, nor reduced the UIM premiums to reflect a reduced risk on their part.  The only exception noted was in a situation when the private insurance provider is entitled to make a subrogation claim against the UIM benefits.  Tannenbaum v. Nationwide Ins. Co., 992 A.2d 859 (Pa. 2010)

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More Opportunities for PA UIM Victims

A November 2008 ruling by the PA Supreme Court provides even more opportunities for Pennsylvania underinsured motorist (UIM) claim victims to receive full compensation for their car accident injuries.  A police officer was rear-ended while on patrol.  The Defendant’s insurance company paid its policy limits.

Even though a credit of the full UIM policy limit for case number 1 was given, Nationwide denied this PA underinsured motorist claim.  A Delaware County Trial Judge agreed with Nationwide’s position that the failure to exhaust UIM policy #1 precluded a second Pennsylvania underinsured motorist claim.  The PA Superior Court overruled this decision by stating that the lack of exhaustion had no relevance since a 100% credit was given.

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Guest Passenger Can Make 2nd UIM Recovery vs. Her Carrier

An October 2008 PA Supreme Court Decision was a major victory for injury victims making a Pennsylvania underinsured motorist claim.  A woman was a passenger in a friend’s car when they were involved in a PA car crash.  The other driver’s insurance company paid its policy limit.

The Pennsylvania underinsured motorist attorney brought a UIM claim against the insurance company that insured the car in which she was a passenger.  After the carrier paid the policy limit, the PA underinsured motorist lawyer filed a UIM case against the woman’s own automobile insurance company.

Donegal denied the PA underinsured motorist claim and its lawyers filed a lawsuit in York County seeking court approval of its actions.  Both the Trial Court and the PA Superior Court ruled in favor of the decision to deny the Pennsylvania underinsured motorist claim.  This ruling was overturned by the Pennsylvania Supreme Court.  Since she was not a named insured on the other policy but merely a guest passenger, she was permitted to make a Pennsylvania underinsured motorist claim against her own auto insurance company.  Genrette v. Donegal, 957 A.2d 1180 (Pa. 2008)