Can You Switch From Limited Tort to Full Tort in Pennsylvania?
If you picked limited tort when you first bought your Pennsylvania auto insurance, you might be wondering if you can switch to full tort. The good news is, yes, you can. Pennsylvania law allows you to change your tort selection, but keep in mind that the switch generally applies prospectively rather than retroactively to an accident that has already occurred. Read on to learn more!
Difference Between Limited Tort and Full Tort
In Pennsylvania, drivers get to choose between limited tort and full tort auto insurance. With limited tort, you can recover compensation for your medical bills or other out-of-pocket expenses if someone else causes a crash. However, it limits your ability to recover compensation for pain and suffering and other non-economic damages.
Full tort, on the other hand, means there are no restrictions. You can pursue compensation for economic damages, pain and suffering, and other non-economic losses when you get hurt because of another driver. Because it offers more, full tort normally costs more than limited tort.
Can You Switch Your Tort Election?
Pennsylvania’s auto insurance law states that the tort option you choose continues to apply to future renewals or replacement policies with the same insurance company, until you tell your insurer you want to make a change. To do this, you need to submit a properly completed form to your insurer or your agent.
Keep in mind, though, that timing is important. Changing your tort election does not ordinarily turn a past accident into a full tort claim. If you got hurt in a crash when your limited tort was still in effect, your rights for that accident are still limited tort rights. Changing your coverage later does not retroactively expand your rights for that accident.
What if You’re Already Dealing with an Accident Claim?
If you already had a car accident in Pennsylvania and your policy was set to limited tort, don’t just assume you can’t claim pain and suffering and other non-economic damages. Pennsylvania law provides several exceptions that can give you full tort rights in particular circumstances.
Under Pennsylvania law, if you suffer a “serious injury,” you might still have the same rights as someone with full tort, even if you picked limited tort. Other exceptions include accidents involving;
- Drunk driving
- Out-of-state vehicles
- Commercial vehicles
Because these exceptions can depend on the details of your crash and insurance policy, it is important to review your case carefully before assuming limited tort prevents you from seeking full compensation.
Is It Worth Switching To Full Tort?
If you’re looking for more protection for future accidents, switching from limited tort to full tort could make sense. Just be sure you submit the right paperwork to your insurer and understand when the change becomes effective.
If you’ve already been injured, changing your policy now may not affect your rights for an accident that’s already happened. But before making assumptions about your claim, consider talking to an attorney. An attorney can review your policy and accident and help determine whether a limited tort exception applies in your case.
Contact Us for Legal Help
Were you injured in a Pennsylvania car accident and aren’t sure how your tort election affects your rights? Our Lehighton & Carbon County civil litigation attorney at The Law Office of Adam R. Weaver Esq can review your situation and explain your options. Contact us today to schedule a consultation.
