A 2010 opinion of the Superior Court of Pennsylvania upheld a Philadelphia County Court of Common Pleas decision in favor of a PA car crash victim and against the owner of the hit & run car.  The Pennsylvania car accident victim was stopped and waiting to make a turn when he was rear-ended.  The driver of that car fled the scene but 2 eyewitnesses took down the license plate number and provided it to the police.

A Pennsylvania car crash lawyer filed a lawsuit versus the owner of the car that rear-ended his client.  At trial, the defendant claimed that someone else was driving his car at the time of the crash and, therefore, he wasn’t liable for the victim’s injuries.  He also claimed that the car crash victim’s claims should be denied due to his limited tort selection of insurance coverage.

The trial judge found the testimony of the owner and the alleged driver to be ‘conflicting’, ‘unreliable’ and ‘untruthful.’  The court found that the owner knew that the alleged driver did not possess a valid driver’s license in violation of Section 1574 of the Pennsylvania Vehicle Code.  The treating doctor testified that the victim sustained a nerve root injury, ulnar neuropathy and a possible brachial plexopathy which resulted in permanent nerve damage.  The restrictions on her lifestyle resulted in a finding that she exceeded the limited tort threshold.  Graham v. Campo, 990 A.2d 9 (Pa. Super. 2010)

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