Claiming Compensation for Pain and Suffering Under Limited Tort is Possible
Unfortunately many car accidents do inflict injuries. In the state of Pennsylvania, if you have selected the auto insurance Limited Tort choice then you are not able to sue a negligent driver for what is called non-economic damages, which are normally considered to be pain and suffering as a result of the car accident.
If you have been injured in a motor vehicle accident you shouldnt just sit back and wish you had not taken out Limited Tort. Even if you had not gone for the Full Tort option, there are exceptions where you can make a claim.
If your situation means that you meet the criteria of being an exception, then the Limited Tort cover on your auto insurance will get the same treatment as if you had Full Tort.
You can then claim damages from the driver who caused your pain and suffering. Under The Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL), section 1705(d)(1), you are able to make a claim or sue non-economic damages if the negligent driver:
- is convicted or has accepted Accelerated Rehabilitative Disposition (ARD) for being in control of a vehicle while intoxicated or for using? a controlled substance when the accident occurred
- is driving a vehicle which is registered out of the state of Pennsylvania,
- injures the victim intentionally
- owns a Pennsylvanian registered motor vehicle, but has not retained the insurance coverage required.
If you have the misfortune to have been injured in an auto accident and you only have Limited Tort, you must swap information with the at fault driver and ensure you obtain a copy of the police accident report which was prepared at the time of the accident.
It is through doing this that you will discover if the at-fault driver was intoxicated in some way or other, or if the vehicle was not registered in Pennsylvania.
This is something you can do yourself, so when you make an appointment to see your personal injury attorney the person will be able to decide if you might have a valid compensation claim.
If your lawyer decides that your accident falls into the exception for Limited Tort then a claim will be filed on your behalf in the same way as if you were covered under Full Tort. This is however far more complicated than just covering yourself under Full Tort in the first place as our law office recommends.