If you’ve been involved in a personal injury accident in Pennsylvania, it’s important to understand how limited tort insurance works. You could be surprised to learn that you might not be able to collect the money you deserve.
In many situations where you’ve been injured in Pennsylvania, insurance companies use limited tort coverage to avoid paying claims or will only pay a fraction of what you are owed. Your insurance adjuster, agent, or other attorneys may say that you aren’t eligible for compensation because you chose limited tort coverage.
However, after handling thousands of limited tort claims, we have won full recoveries for most of our limited tort coverage clients. Contact us for a free consultation today.
What Is Full Tort Auto Insurance?
In Pennsylvania, you can choose between two forms of auto insurance: full tort and limited tort. While pricier than limited tort coverage, full tort coverage eliminates impediments to fair restitution.
After a car accident, you have the legal right to financial reparation for any harm and the resulting mental anguish, pain, suffering, or loss of enjoyment of life. When insurance companies try to deny you appropriate reimbursement for your injuries, full tort insurance provides the most protection.
What’s the Difference Between Full Tort and Limited?
Whether limited or full tort, you can claim economic damages at any time (i.e., lost earnings, medical expenses, property damage to your vehicle). The distinction between full and restricted tort applies exclusively to non-economic damages, often known as pain and suffering, embarrassment and humiliation, and loss of enjoyment of life.
The costlier full tort option imposes no limitations on your right to seek financial recompense for bodily injury. In contrast, the limited tort is less expensive. However, paying less for your insurance limits your right to monetary recovery to only “severe” injuries.
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Can I Sue If I Have Limited Tort in Pennsylvania?
Many Pennsylvania residents believe that because tort law is limited, they cannot seek non-economic damages (bodily injury resulting in pain and suffering, loss of life’s joys, embarrassment, and humiliation).
That, thankfully, is not the case. Litigation is not barred by limited tort. It does, however, make winning your case more difficult. To recover, you must show that you were hurt and that your injury caused a “serious impairment of a physical function.”
The limited tort plaintiff is therefore held to a higher standard than the full tort victim when it comes to recovering non-economic damages.
What Are the Exceptions to Limited Tort in Pennsylvania?
When purchasing automobile insurance In Pennsylvania, you can choose between limited and full tort coverage. While less expensive, limiting tort coverage can complicate your compensation fight. The cheaper limited tort option limits your opportunity to claim money for pain and suffering to only injuries that cause “serious impairment of a bodily function.” On the other hand, the pricey full tort option places no restrictions on your ability to recover.
Fortunately, Pennsylvania law provides five exceptions that guarantee you full tort rights even if you purchased a limited tort insurance policy:
- Exception for out-of-state vehicles: If you are hit by a vehicle registered in a state other than Pennsylvania, you can seek compensation the same way you would if you had purchased full tort coverage.
- Exception for commercial vehicles: If you are harmed while driving or traveling in a commercial vehicle (i.e., taxi, bus, rental car), you have full tort rights even if you have limited tort coverage.
- The impaired driver exception: If you are struck by a driver who accepts Alternative Rehabilitation Disposition (ARD) for DUI or was convicted of a DUI, any injury claim you submit against the offender will be considered a full tort.
- Exception for intentional collisions: If another driver intentionally hits you with the intent to damage you, you have an unrestricted right to sue him for pain and suffering.
- The uninsured driver exception: The uninsured driver exception states that if you are injured by a driver who does not have adequate automobile insurance, you will be entirely accountable to the uninsured defendant for your pain and suffering claims.
Simon & Simon Specializes in Handling Limited Tort Cases in PA
Our legal team is well-known across the Commonwealth of Pennsylvania as an auto accident litigation practice that caters to injured people with minimal tort insurance coverage. Our personal injury attorneys have assisted in recovering millions of dollars in financial compensation for limited tort personal injury claims throughout their careers.
Our personal injury lawyers have exceptional knowledge of limited tort and how exceptions to limited coverage may apply to Pennsylvania accident victims.
Speak with a Limited Tort Lawyer in PA About Your Car Accident
It is not a problem that you have limited tort since our accident attorneys are available to assist you regardless of what the insurance provider may tell you. A significant number of Simon & Simon’s limited tort customers come to us after having their initial legal representation rejected by another law firm.
Our goal is to secure compensation for our clients while limiting their exposure to liability by providing aggressive representation. We take care of gathering all the necessary insurance documentation and coordinating with the insurance companies so that you can get back to your routine as soon as possible.
We Provide Limited Tort Services Throughout Pennsylvania
In counties across Pennsylvania, Simon & Simon, PA, has successfully recouped millions of dollars in settlements and awards. Our limited tort attorneys have a well-earned reputation for successfully handling personal injury matters in Pennsylvania counties, including:
- York County
- Montgomery County
- Luzerne County
- Lehigh County
- Lancaster County
- Lackawanna County
- Delaware County
- Dauphin County
- Clarion County
- Chester County
- Butler County
- Bucks County
- Beaver County
- Allegheny County
Our Firm Has Recovered Millions in Limited Tort Verdicts and Settlements
Our law firm takes on challenging limited tort cases that most Pennsylvania and New Jersey lawyers don’t want. Because insurance carriers have refused payouts and made these legal issues difficult, they require attorneys with specialized knowledge of tort law.
Here is a sample of the results we’ve achieved:
- A limited tort plaintiff received a $700,000 mediated settlement: The claimant’s vehicle was rear-ended in Philadelphia County, and we negotiated a settlement with the defendant during a one-day mediation conference.
- A limited tort settlement for $185,000: A commercial tanker truck driver rear-ended a woman’s vehicle and shoved it into oncoming traffic.
- A limited tort plaintiff received a $142,500 settlement: A truck driver struck a passenger vehicle’s front bumper and tore it off. The victim suffered nerve damage and herniated disks.
If you have limited tort coverage and believe you should receive maximum compensation for your injuries, call our office today.
The Attorneys at Simon & Simon, PC, Will Help You Get Substantial Recoveries
Our law offices of Simon & Simon, PC, are well-known throughout the northeast as the go-to practice for auto accident damage claims. We specialize in recovering compensation for injuries sustained in limited tort situations. This means we can help if you have been injured in a car accident and have limited tort insurance.
Call or contact our team of experienced attorneys today for a free consultation.
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