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

Posted on: July 10th, 2012       Attorney Thomas Newell

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)