If you require legal counsel and assistance in litigating a claim for damages resulting from any type of vehicle accident, contact Powell, Zero, Mundy. Our decades of experience make it the clear and obvious choice for representation in personal injury matters involving any type of vehicle accident in Scranton/Wilkes-Barre and surrounding areas. If you have suffered some injury as the result of an accident, call the attorneys at Powell, Zero, Mundy. Your consultation is free and you don’t pay unless we win your case!

When a Pennsylvania motorist selects the limited right to sue option, he and the members of his household surrender important constitutional rights in pursuing recovery for losses, despite the fact that the other driver may be completely at fault and legally responsible. The limited right to sue option allows an insured and the members of his household to seek recovery for all medical and other out-of-pocket expenses, but not for pain and suffering or other non-monetary damages, unless one of the following circumstances applies to the accident:

• Personal injury resulting in death, serious impairment or permanent serious disfigurement;
• The other driver is convicted of DUI or enters an Accelerated Rehabilitation Diversion (ARD) program;
• The other driver committed an intentional act which caused injury;
• The other driver was operating a vehicle not registered in Pennsylvania; and
• The other driver has no insurance.

Thus, selecting the limited right to sue option does not affect an insured’s eligibility to recover other types of damages such as medical expenses, lost wages, and property loss or damage. In this situation, an insured may file a claim against the at-fault driver for these damages or use the PIP or medical coverage for injury-related costs from his own policy.