Pennsylvania law requires that insurance companies offer their customers an option to purchase “limited tort” automobile insurance coverage instead of “full tort” coverage in exchange for a reduced premium. Other than the dollar savings, which can seem attractive, in my experience few people understand the difference between full and limited tort. As this decision will affect not only you, but members of your household, it is important that you understand the difference before making this important decision.
Essentially, it is this. When a person is injured and has suffered damages as a result of a motor vehicle accident, in Pennsylvania, they have a right to make a claim for those injuries and damages. This means a claim can be made for:
1. Pain and Suffering
2. Economic Damages
3. Any Special Damages
This is what is meant by being full tort. That is, you retain the ability to bring a claim for all damages.
Once a person has chosen limited tort, they have given up the right to bring a claim for the pain and suffering component of their claim, unless that person has suffered a serious injury. So, what is a serious injury? That term is defined in the law as an injury that “results in death, a serious impairment of a body function, or a permanent serious disfigurement.” If a claim fits one of those definitions, then a person retains the right to bring a claim for all damages, including pain and suffering.
Pennsylvania law also spells out certain situations where a person is not bound by their limited tort coverage. That means that a claim for pain and suffering can still be brought if the accident has been caused by:
1. A person who is convicted of a DUI
2. A driver of a vehicle registered in another state
3. A person who intends to injure him/herself or another person
4. A person who has not maintained motor vehicle insurance
You should also be aware that your selection of limited or full tort will also cover members of your family. This can all sound confusing, so you should make sure to follow up with your insurance agent to discuss your options and get your questions answered.
Michael Kracht became a lawyer quite simply to help people and make a meaningful difference in their lives. It is that desire to help and go way beyond the typical “call of duty” that motivates him to be an outstanding advocate and counselor to his clients. Michael’s practice at Weber Kracht and Chellew focuses on real estate, land development, municipal law and litigation matters. Despite his busy practice, to this day, Michael is active in doing pro bono work for the community including handling protection from abuse matters.
This blog is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
