Expert: Bennie719 - 2/11/2008

Question
Hello Bernie,  First off, thank you for being available to those of us who aren't so knowledgeable in the insurance industry.  I live in PA (a no-fault state) & was involved in an accident recently.  A woman failed to stop at a stop sign (I had no stop sign) and we collided, totalling my car.  Minutes later, she fled the scene & was apprehended approx. 30 minutes later.  She resisted arrest and was taken to the hospital for blood/alcohol testing.  She got charged with a DUI, as well as 6 other charges.  I've negotiated a reasonable settlement with her ins. co. on the property damage, but had a couple questions on the personal injury aspect.  I went to the ER after the accident, where the attending Dr. diagnosed a fractured vertebrae & fractured wrist.  It was on the weekend, and on Monday a radiologist re-read the x-rays & felt there were no fractures.  The wrist seems to be fine, but my back & neck are causing a great deal of pain, for which I'm receiving physical therapy.  My ins. co. is paying my medical bills.  I've read your answer regarding the "formula" used in negotiating personal injury settlements, but was wondering if it worked the same in a no-fault state, since 2 ins. companies are involved?  Also, if she has the state minimum of $15K coverage, would I be able to recover the remainder from my own under-insured coverage?  Does the amount of the property damage settlement get deducted from her $15K?  Will the amount my ins. co. is paying for medical bills be taken from the settlement (subrogation?)?  Finally, how do punitive damages (DUI/failure to check on the injured parties involved/hit & run) figure into the settlement "formula"?  If my potential settlement far outweighs her minimum coverage, can I sue her?  Sorry this is so long, but thank you again for helping us all out.

Answer
Hi Jeff,
I really wish that I could be of help.  Since Pennsylvania is one of the eleven states that have no-fault insurance and each state plan is
different, I find it impossible to keep up to date on no-fault insurance and it's various changes since my entire career was in tort liability states.
I suggest that you redirect your question to Richard in the category of INSURANCE LAW.  He is a no-fault administrator in New York City and in my opinion, the most knowledgeable person for no-fault questions on any of the personal insurance sites at allexperts.
I hope this has been of help.
Sincerely,
Bennie
San Francisco Bay Area