Can I get car insurance benefits if I have a post-traumatic stress injury after a PA car accident?
Jun 29th, 2007 | By Michael L. Saile, Jr., Esq. | Category: Blogs, Common Injuries from Car Accidents, Pennsylvania Injury InformationPennsylvania car insurance policies carry “first-party medical benefits,” which are the benefits owed by Pa car insurance companies to pay for medical care for those injured in PA car accidents.
Recently, a Pennsylvania woman suffered post-traumatic stress disorder following her husband’s death after a PA car accident. As pedestrians, the woman and her husband were crossing a busy street when he was struck by a car and killed by a motor vehicle. The wife was not physically injured at the scene of the accident, but shortly thereafter was diagnosed as suffering from post-traumatic stress disorder, for which she received ongoing medical treatment.
When the psychologically injured wife tried to collect first-party medical benefits to pay for her medical treatment, the PA car insurance company refused to pay, taking the position that first-party benefits are available only for “bodily injury” claims arising from PA car accidents. In the past, PA car insurance companies took the position that bodily injury means injuries or damage to the actual physical body such as skin, bones, cartilage, spine, discs etc.
The PA car insurance company assumed that the woman was not entitled to coverage because she suffered no bodily injury. She sued in a PA court for car insurance coverage to pay for this “psychological” treatment and won. The Pennsylvania Superior Court ruled that post-traumatic stress disorder is a “disease”, and, as such it fell within the policy definition of “bodily injury”, which included the term “disease”.
Post-traumatic stress disorder is a serious condition. While most people who experience traumatic stress do not develop post-traumatic stress disorder, medical treatment is necessary for those who do.
Pennsylvania car accident law now recognizes that first-party medical benefits must be made available to people whose injuries in PA car accidents include post-traumatic stress disorder.
The author of this Blog, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law focuses his practice on fighting for plaintiffs’ personal injury and car accident victim’s rights in both Pennsylvania and New Jersey. We handle all serious injury cases including, car accidents (both limited and full tort), wrongful death, slip & fall downs, construction accidents, Septa, NJ Transit, and other cases other cases. We are located just outside of Philadelphia in lower Bucks County. We also handle Philadelphia plaintiffs’ personal injury and car accident cases. Please visit our personal injury only website at www.pa-nj-injurylawyer.com for more injury information.
Kindly advise if you handle any criminal cases involving a person who sufferes from PTSD and commits a crime due to the PTSD in PA?
Thank you,
Magdalena Gallo
Magdalena,
Depending on what type of crime the suspect is accused of, we may be able to help.
If we do not handle that type of crime we can refer you to a local highly respected criminal attorney.
Please telephone us at 215-860-5800 or send us an email through our website to speak about your matter privately.
I know someone whose 21 year old son was killed in a car accident and the driver was possibly drunk. The car was owned by one of the passengers who was also killed instantly.
What is the insurance company liable for to the passengers parents? (the person who was not driving nor owned the car)
Sincerely,
Michael Hanscom
Michael:
How old was the driver who caused the accident? You say possibly drunk? There is no way to determine whether someone was drunk after a few hours following the accident, unless the person admits he was drunk.
The police officers at the scene of the accident would have been in the best position to determine if the driver was drunk.
Mr Saile, on Oct 30,07 i was injured while in sleeper of our semi when an unmanned trucked rolled down the decline we were parked at the guard gate and the other truck hit rear of ours injuring me in sleeper while asleep and my wife was outside doing the check out at the gate with the gate guard, on impact wife was standing next to the guard which was crushed to death on impact and she has ptsd and been being treated since Jan 08, she had no physical injuries and she might be released @ mmi mid Oct 08 and she wants to know if she has a suit in PA against the Company that hit us and yes this happen in Pittston,Pa she is being treated and all thru work comp at this time but she wishes to know if there is case for her in PA,, thanks
Lee, I am not permitted to give you specific legal advice on this blog.
Please submit your case through our case submission form.
Thanks!