Limited Tort Exceptions Under Pennsylvania Car Insurance Coverage
When you choose Limited Tort on your Pennsylvania auto insurance policy, you generally give up your right to sue for pain and suffering for injuries you suffer in an accident.
With limited tort, you can only seek money damages for what’s called “economic loss” – such as lost wages or medical expenses – except under certain exceptions.
The exceptions to Limited Tort that may allow you to collect money for pain and suffering are as follows:
- The injury is determined to be serious. Don’t let this exception fool you. Many injuries that most people would consider to be “serious” may not fit the description of the current legal definition. For example:
- A man sustained a severe fracture of his right and left lower jaw in an accident. He was hospitalized for six days, had his mouth wired shut for 14 weeks, and lost 20 pounds during his ordeal. It was legally decided that this injury was not a “serious injury,” and he received nothing for his pain and suffering.
- A woman sustained a fractured vertebra in a car accident. She was hospitalized, wore a back brace, and was unable to bend from the waist. She, too, was found not to have suffered a serious injury. She received nothing for pain and suffering.
- The person at fault for the accident is not just charged – but convicted – of driving under the influence of alcohol or a controlled substance, or they accept Accelerated Rehabilitative Disposition (ARD). If you are injured by a drunk driver who is killed in the accident, you can’t collect for pain and suffering since the driver can’t be convicted of the crime. Unfortunately, this is quite common, and drunk drivers can cause very serious car accidents.
- The at-fault driver is driving a vehicle that is registered in another state.
- You were injured in an accident while driving or riding in a commercial vehicle.
Injured in an Accident? Contact Us to Learn Your Legal Options
If you, or your loved one, were injured in a car accident, you may have serious injuries. You may not be sure whether you have Full Tort or Limited Tort, or if your injuries are “serious” enough to receive compensation for pain and suffering.
Every accident is different, so there’s only one way we can help you determine whether you have a case – with a no obligation, free legal evaluation. You tell us the details about the accident, and we’ll tell you if we think you have a car accident case. It’s that simple, and you owe it to yourself and your family to learn your legal rights.
Call 1-866-9-4EDGAR (1-866-943-3427), or fill out the form at the top right of this webpage to get started. Or, you can use our convenient “click to call” service. Our phones answer 24/7, so call now – before evidence disappears.
