Expert: Richard Hixenbaugh - 2/24/2010

Question
Hi. I am a Penn resident and am trying to figure out how much I can settle an auto accident in which I was the pedestrian victim, and therefore have rights to full tort recovery.  I am currently negotiating with the ins company, that has offered to settle for two grand, including lost wages and pain and suffering.  I believe Pennsylvania required PIP--that said, can I sue for medical expenses or only for wages and pain and suffering?

Also, most importantly, I have private insurance.  I understand that P%26S is based on total medical expenses, but which ones?  Would that be what the hospital BILLED? or what my ins company ACTUALLY PAID the hospital as full settlement (I think based on Act 6 schedule)?  There is a big difference between the two.  I thought Arthur v. Catour says that the amount billed (not discounted ACT 6 paid amount) is relevant.  Do you know?

Medical bills were $20K but paid by ins com was $5k.  Do i base p%26s on $20k or $5k.  All expenses were paid by my auto ins company, so most med expenses were not out of pocket.

Here are germane facts of the case:
-I was in a crosswalk with the right of way when struck by an SUV
-I had sharp, extreme pain in my foot.  Now I have residual ankle injury although X-rays indicate no broken bones in my foot
-I am still trying to gather witnesses.  The driver, who hit me, has made key material misstatements, including to the police on the police report.  Should I advertise for witnesses?


You help would be greatly appreciated.

Answer
Hi Wronged,

Unfortunately, I am not that specifically familiar with PA insurance law or regulations. I am also not familiar with the case that you sited.

I think you would be better served to direct this question to a PA injury attorney who deals with this issue on a daily basis.

Richard Hixenbaugh