In Pennsylvania, when an individual or loved one purchases car insurance they are classified as having Full Tort or Limited Tort coverage. A tort, as defined by Blacks Law Dictionary, is a legal wrong committed upon the person or property independent of a contract. When an individual is injured in an accident they are allowed to sue the at-fault driver to recover for their injuries or damages, as a result of the tort. It is important to understand that when a person is classified as having Limited Tort coverage their rights are much more restricted then under Full Tort coverage and the amount they can recover may be much less. If you have been injured in an accident in the Philadelphia area, then you need to call the attorneys here as soon as possible, at (610) 565-9120.
When an individual or a loved one is injured in an accident they are permitted to sue the at-fault driver for damages. With the Full Tort option, individuals retain all their legal rights to bring a lawsuit in the event of injury or damages. Individuals may recover for economic damages, such as medical bills and lost wages. In addition, Full Tort coverage allows individuals to recover for non-economic damages, such as pain and suffering.
Under the Limited Tort option, individuals rights are much more restricted then with Full Tort coverage. If you are injured in an accident with Limited Tort coverage, you may not be able to recover for non-economic damages, such as pain and suffering. In an effort by the State to limit the number of lawsuits in Pennsylvania, the Limited Tort option only allows recovery for economic damages.
The following are exceptions to the restrictions imposed by Limited Tort coverage:
- (1) If the at-fault driver was convicted of driving under the influence of alcohol or a controlled substance, or they accept Accelerated Rehabilitative Disposition (ARD)
- (2) If your injury is determined to be serious
- (3) If the at-fault driver is driving a vehicle that is registered in another state
- (4) You were injured in an accident while driving or riding in a commercial vehicle. In Pennsylvania, a “serious” injury is defined as one that results in death, serious impairment of body function, or permanent serious disfigurement
The attorneys at Donaghue and Labrum, LLP, understand that the lower cost of premiums make the Limited Tort option very attractive, however if you or a loved one is injured in an accident you may be severely limiting your legal rights.