Pedestrian Hit By Car Has 4 Years to Sue for Medical Bill Coverage

Posted on: June 29th, 2012       Attorney Thomas Newell

Pennsylvania pedestrian accident victims received a victory in a 2008 ruling by the PA Superior Court.  A car hit a pedestrian who did not own a car nor was covered under any auto insurance policy.  State Farm insured the negligent driver.  They denied the request of the Pennsylvania pedestrian that they pay his medical bills.

His Pennsylvania pedestrian accident lawyer filed a lawsuit versus the insurance company in Philadelphia County.  The Trial Judge dismissed the pedestrian’s case and agreed with the legal theory of State Farm’s attorneys that the PA pedestrian accident attorney had failed to file a lawsuit versus the driver within the 2 year Statute of Limitations for negligence actions.

The Appeals Court overruled the Trial Judge and reinstate the pedestrian accident claim.  The proper defendant to sue was State Farm – not the driver.  Since it was a contract dispute, the Pennsylvania pedestrian correctly filed the lawsuit vs. State Farm with the applicable 4 year Statute of Limitations.  Grover v. State Farm, 950 A.2d 235 (Pa. Super. 2008)