Limited Tort Puts Limitations on Personal Auto Accident Insurance Claims
In Pennsylvania, all owners of vehicles have to select either Full Tort or Limited Tort on their automobile insurance policy. For many people though, they find it hard to understand exactly what the Limited Tort is actually limiting. The decision you make not only has an impact on you, but on your family as well. Having a clear understanding of your insurance options ensures you know who and what is covered when a car accident takes place whether it is your fault or the fault of a negligent driver.
What Do I Lose If I Select Limited Tort?
Quite simply Limited Tort does limit your ability to sue. However, Full Tort does not restrict your suing rights. Essentially, Limited Tort does not allow you to recover non-economic damage, which includes pain and suffering.
However, a court has to take into account certain exceptions when an injured victim is only covered by limited tort and these are as follows:
You have been seriously injured, which could mean an injury that is fatal or a severe impairment of bodily functions or what is deemed as permanent disfigurement.
The person responsible for the accident is convicted for driving while intoxicated or under the influence of a controlled substance or has accepted Accelerated Rehabilitative Disposition (ARD).
- The negligent driver is in control of a vehicle which is not registered in Pennsylvania.
- The negligent driver has not kept up insurance as demanded by law.
- The person was inflicted with an injury while traveling in a commercial vehicle.
- The person who caused the accident wanted to injure him or her self or other people.
- The claim is to do with a vehicle defect and is being filed against someone in the motorized vehicle industry.
You may not be fully aware of this, but Limited and Full Tort allows the collection of economic losses, which include medical expenses, loss of wages or and any other additional expenses that have occurred by the auto accident victim. Any tort lawyer in Pennsylvania can explain this to you.
Examples of Tort Options
Consider the situation in which you have stopped at a stop light, but someone comes up behind you and rear-ends your auto. You end up in hospital with an injury to your leg. What can you expect from your insurer? If, after a number of operations, your leg is still painful and you wish to recoup $10,000 for this likely lifetime of pain and suffering, the situation is as follows:
As the pain and suffering caused by the injury to the leg would be a non-economic loss, the tort you have selected may have an impact on your chances to be able to file a claim for damages. Under Full Tort there are no limitations at all on your right to sue for $10,000. Limited Tort is somewhat different, as you may or may not be eligible to pursue the $10,000 claim. Your chances of recovering these non-economic damages would only take place if you fit into one of the exceptions.
Limited Tort does have fixed criteria when an auto accident claim is to be made and you are limited in your right to sue for non-economic losses. In the end, however, the final decision rests in court. Whatever the outcome, though, Limited Tort means just that.
Limited Tort has Limited Benefits
You give up some of your claim rights when you choose Limited Tort, but your car insurance should be lower. Recent reports have revealed you might receive a 40% drop in premium for any bodily injury, for any first party payments and underinsured and uninsured motorist cover. However, Limited Tort does not lower collision and comprehensive coverage.
How do I Decide Which Tort to Choose?
In summary, purchasing Limited Tort means you have limited rights at a limited price but the Full Tort options means full rights at a full price.? Your decision will rest on your personal situation and what risks you are prepared to take and what is at stake if you are involved in an auto accident.