What Happens if You Choose Limited Tort and Get Seriously Injured in PA?
When purchasing a tort-based policy in Pennsylvania, drivers must decide whether to get Limited Tort or Full Tort coverage. A tort-based policy protects you when you are injured in an accident due to another driver’s negligence. However, in Pennsylvania, having Limited Tort coverage can restrict your ability to recover compensation after a car accident. But what if you sustain a serious injury while carrying Limited Tort coverage? In this article, we tackle this question. Read on!
Understanding Limited Tort in Pennsylvania
Pennsylvania is one of the states in the U.S. that operates under the “Choice No-Fault” insurance system. In PA, drivers can select between no-fault insurance or a tort-based policy when purchasing auto insurance. With no-fault insurance, you must turn to your insurance company for compensation after a car accident. On the other hand, a tort-based policy allows you to sue the at-fault driver.
If you choose a tort policy, you must decide whether to get Limited or Full Tort. While Limited Tort allows you to seek compensation for financial damages such as medical expenses and lost wages, your right to pursue compensation for non-economic damages like pain and suffering is restricted, unless a specific exception applies. On the other hand, Full Tort insurance allows you to seek both economic and non-economic damages, regardless of the severity of your injury.
Choosing Limited Tort might seem like a clever way of saving money, but the truth is that choosing this type of tort policy can come at a high cost if you are injured in an accident. Purchasing Full Tort insurance might come with higher premiums, but it gives you the right to pursue the full extent of your damages, giving you far greater protection if you are injured in an accident.
The Serious Injury Exception
So what happens if you have Limited Tort and get seriously injured? Under 75 Pa. Const. Stat. 1705(d), several exceptions allow someone to pursue compensation for both economic and non-economic damages. One of these exceptions is the serious injury exception. However, your injury must meet a specific threshold for you to qualify to sue for non-economic damages.
According to the law, a serious injury in the state includes;
- A serious impairment of a bodily function
- Serious, permanent disfigurement
Determining whether an injury meets the legal definition of a serious injury requires medical records, expert testimony, and legal arguments. However, injuries like traumatic brain injuries, permanent, multiple fractures, and spinal cord injuries may qualify.
So to answer the question, “What happens if you choose limited tort and get seriously injured?” If your injury meets the above threshold, you can step outside the restrictions of Limited Tort and seek compensation for all your damages, including non-economic damages, such as pain and suffering.
Other Exceptions Under the Law
Other circumstances where Limited Tort restrictions may not apply include;
- The other driver was driving under the influence
- The other driver was uninsured
- The other driver was driving an out-of-state vehicle
Why Does What Happens Matter?
Whether or not you can recover non-economic damages on top of economic damages can significantly affect the value of your claim. Limited Tort restrictions can result in the loss of a substantial amount of money. Recovering economic damages is usually not enough to compensate for the lasting impact of serious injuries.
Contact Us for Legal Help
If you’ve been in a car accident in Pennsylvania, contact our skilled Lehighton & Carbon County civil litigation attorney, Adam R. Weaver Esq., for help pursuing the compensation you deserve.
Source:
palegis.us/statutes/consolidated/view-statute&txtType=PDF&ttl=75&div=00.&chpt=017.&sctn=005.&subsctn=000.
