What Is The Difference Between Limited Tort And Full Tort?
When you purchased car insurance in Pennsylvania, you were asked to make a selection that you may not have given much thought to: Limited or Full Tort. For many drivers on Montgomery County roads, this was a quick decision made to save a few dollars. But after a crash, the tort option listed in your policy determines what compensation you can pursue.
Pennsylvania is often described as a “choice no-fault” state. Under the Motor Vehicle Financial Responsibility Law, drivers must be given the opportunity to choose between two tort options when they purchase an auto insurance policy.
Full tort preserves your right to sue an at-fault driver for all of your damages. This includes economic and non-economic losses, also known as “pain and suffering.”
Limited tort is typically less expensive, but it comes with a significant trade-off. With limited tort, you can still recover economic losses from the driver who caused your accident, but you generally cannot recover non-economic damages unless you suffered a “serious injury.” A large portion of any personal injury claim is comprised of pain and suffering, so this restriction can significantly reduce what you are able to recover.
Your election generally applies not only to you but also to members of your household covered under your policy. If you are not sure which option you chose, your declarations page will show your tort election.
What Counts As A “Serious Injury”?
If you have limited tort coverage, the most common way to recover pain and suffering is by showing that you suffered a serious injury. Pennsylvania law defines a serious injury as a personal injury resulting in death, serious impairment of a bodily function, or permanent serious disfigurement.
Exceptions That Can Restore Full Tort Rights
Even if you picked limited tort, there are a few cases where you can still recover just like you had full tort. Under Pennsylvania law, you might be able to seek damages for pain and suffering if the at-fault driver is convicted of DUI or undergoes DUI rehabilitation. The same is generally true if the at-fault driver was operating a vehicle registered in another state, was driving without insurance, or intended to cause injury.
Other exceptions depend on your own circumstances at the time of the accident. If you were injured while riding in a vehicle other than a private passenger vehicle, such as a bus, a taxi, or a commercial vehicle, your limited tort election generally does not apply. Pennsylvania courts have also noted that pedestrians who aren’t in a car can seek noneconomic damages. And claims against a business that designed, manufactured, repaired, or serviced a vehicle, where a defect contributed to the accident, are not restricted by limited tort.
The out-of-state exception can be especially relevant in Montgomery County, where traffic from New Jersey and other states abounds. The exception depends on where the vehicle is registered, even if the driver lives in Pennsylvania. Keep in mind, however, that these exceptions may apply differently to claims made against your own insurance company, such as underinsured motorist claims, so it is important to have your specific situation reviewed.
Why Your Tort Option Matters Before You Talk To An Insurer
After an accident, insurance adjusters may cite a limited tort election as a reason to offer a low settlement or deny a pain-and-suffering claim altogether. You should not assume that a limitation of tort liability automatically bars your claim. Between the serious injury threshold and the statutory exceptions, many injured people with limited tort policies still have the right to pursue full compensation.
Your tort election also does not change your right to first-party medical benefits under your own auto policy, which generally pay your medical bills regardless of who caused the accident. It also does not limit your ability to recover economic losses, such as medical expenses beyond your coverage limits and lost income, from the at-fault driver. And switching to full tort after an accident will not change the option that applied on the day of your crash.
Contact A Montgomery County Car Accident Lawyer
Whether you have limited tort or full tort coverage, the details of your policy and the facts of your accident affect your claim. Before accepting a settlement offer or giving a recorded statement to an insurance company, consider contacting a Montgomery County car accident lawyer who can help you fight for the compensation you deserve.