It May be Unwise to Choose Limited Tort Cover in Pennsylvania
Insurance has virtually taken over when it comes to a personal injury claim. It is now not simply filing a claim directed at the person who caused an accident but it involves understanding the complexities of the chosen insurance policy. There are ways to circumvent some insurance policy terms of agreement, but it is only by using the skills of an experienced personal injury attorney, which you will find in our office in Pennsylvania. We know what you are up against when dealing with agents from insurance companies.
Limited Tort and Full Tort
It hasn’t always been the case, but in Pennsylvania a person’s right to sue is now determined by the auto cover you choose. Sometimes, agents for insurance companies suggest buying the less expensive Limited Tort cover and not the Full Tort. This might be the frugal thing to do, but it does not offer the greatest benefits.
The Full Tort option, if chosen, allows an individual who has been subjected to an accident as a result of a negligent driver to make a claim against the negligent driver for both pain and suffering. If, however, Limited Tort is chosen, the right to sue a negligent driver for the pain and suffering personal injury category is forfeited. This is unless the injuries full under an , poorly defined “serious injury” category. The category that covers serious injury is not well defined and is confined to injuries that are fatal, cause permanent disfigurement and if bodily functions are severely impaired.
An example of this is when a driver rear-ends you and, as a result, you suffer from continual back ache that goes on for several months or even years. If you have only Limited Tort, you are not in the position to be able to make a claim against the driver who rear ended you for any pain and suffering. Even if the back ache appears to persist and seems severe and may even stop you from going to work, you would probably not be considered a “serious” injury case. But with Full Tort rights, it would be possible to file a claim against the at-fault driver for all of the pain and suffering you have had to endure.
In short this means that with Full Tort you are able to sue a negligent motorist for pain and suffering but with Limited Tort you cannot
Lawyers such as ours in Pennsylvania have a clear understanding of the difference between Full Tort and Limited Tort rights and can help anyone who has sustained an injury due to the fault of another driver. We can advise you on the next course of action and can file a claim for damages on your behalf if you have an eligible case. If you have been injured in a motor vehicle accident and it was not your fault, you should contact our law offices today to arrange a free consultation. It doesn’t matter whether you are covered by Limited Tort or Full Tort we have pursued successful personal injury claims for clients who are covered by both of these options.