In Pennsylvania, you have the choice to purchase full tort or limited tort coverage from automobile insurance companies. When selecting full tort or limited tort, select carefully. Don’t be confused when selecting coverage under your auto policy.
Limited Tort vs Full Tort
Full coverage on your vehicle, like comprehensive or collision coverage, has nothing to do with full tort. While limited tort may charge cheaper premiums to pay, you may give up your right to certain damages. That is why you are asked to sign a form. Full tort coverage allows you seek any applicable and fair damages, including pain and suffering, after being in an auto accident that was not your fault. Limited tort coverage will only let you pursue medical expenses, not paid by PIP, and lost wages, not pain and suffering damages – most of the time.
PA Limited Tort Exceptions
Insurance companies are notorious for discouraging policyholders with only limited tort coverage from calling a personal injury lawyer after a crash. They want people to believe that they can only seek the listed economic damages and that is it. The truth is there are a few circumstances that can override limited tort exclusions, effectively turning the policy into full tort coverage.
The exceptions to the limited tort coverage rules in Pennsylvania are:
- Serious injury: You suffer an injury that impairs a bodily function, or that causes significant deformity (even including scarring).
- Pedestrian accident: You are a pedestrian struck by a motorist. This exclusion may also extend to bicyclists and motorcyclists.
- Commercial vehicle accident: You were a passenger in a commercial vehicle, such as a hired limo service or bus.
- Drunk driving accident: You were hit by an intoxicated driver, or a driver who accepted Accelerated Rehabilitative Disposition (ARD), for drugs or alcohol DUI.
- Uninsured driver: You were struck by a driver without legal insurance coverage.
- Out-of-state driver: A driver operating a vehicle registered in any state other than Pennsylvania caused your accident.
Can You Sue with Limited Tort in PA?
Contrary to popular belief, limited tort does NOT take away your right to sue after an accident. If any of the aforementioned situations occur and you would normally be bounded by limited tort insurance coverage, the exception removes the limitation.
You will be able to pursue:
- Noneconomic damages
- Payment for medical bills
- Property damage costs
- Compensation for lost wages
Do Limited Tort Exclusions Apply to Your Case?
Knowing if limited tort exclusions will help you seek more compensation after a car accident or not can be a challenge, especially when you should be focusing on your own recuperation. Allow our Schuylkill County personal injury attorneys at The Law Offices of Anthony Urban, P.C. to handle your claim instead. Drawing on 50+ years of total legal experience, we can easily determine if your limited tort insurance coverage should be treated as full tort coverage due to the existence of exclusions or not.