Pennsylvania motorists have the option to choose full tort or limited tort coverage. If you are injured in a car accident, the tort option you select can have a major impact on your personal injury claim.
The Wieand Law Firm strongly recommends that all Pennsylvania motorists select full tort automobile insurance. By selecting full tort you retain full rights to sue for noneconomic damages, such as pain and suffering, after an accident. If you select limited tort, your right to sue for pain and suffering damages is limited if you are injured in a auto accident. However, you can still recover economic damages such as medical bills and lost wages if you are bound by limited tort.
Many motorists choose limited tort coverage because it is less expensive than full tort. However, saving a few dollars on insurance premiums can come back to haunt you if you cannot make the recovery you need after an auto accident.
Exceptions to Limited Tort
By selecting limited tort you give up the right to sue for pain and suffering caused by a motor vehicle accident unless you meet certain automatic exceptions or suffer a serious injury. A serious injury is defined as a serious impairment of a bodily function, permanent serious disfigurement or death.
In addition, there are several exceptions to limited tort in which you retain full rights to sue regardless whether you are bound by limited tort:
- if the driver at fault was uninsured
- if the driver at fault was operating an out of state vehicle
- if the driver at fault is convicted of drunk or stoned driving, or accepts Accelerated Rehabilitative Disposition (ARD)
- if the driver at fault was trying to injure or kill themselves or others
- if you were injured because of a defective vehicle or vehicle part
- if you are injured as an occupant of a vehicle other than a private passenger motor vehicle, such as bus, taxi, motorcycle or tractor-trailer
- If you were injured as a pedestrian or riding a bicycle
Proving that you have suffered a serious injury is more difficult than the other exceptions which are automatic. Many attorneys are scared to pursue limited tort cases because they want an easy settlement and know limited tort cases are more likely to go to trial.
Experienced Limited Tort Lawyer
The Wieand Law Firm doesn’t view your case as another “easy settlement.” From the beginning, we prepare your case for trial. If the insurance company won’t make a fair settlement offer we take your case to court. Attorney Wieand has proven a serious injury breached the limited tort threshold in many limited tort cases. In fact, he has used the serious injury exception more often than any other to recover compensation for limited tort clients. This is why insurance companies don’t want you to know about it!
If the Wieand Law Firm commits to litigating your case, it’s because we believe we can win for you. We are not afraid to take on the insurance company in court.
To speak with an experienced car accident lawyer at the Wieand Law Firm call 1 (215) 666-7777 for a free case consultation.
