The breakdown is simple. In Pennsylvania, you have the option of selecting either full tort or limited tort on your auto insurance policy. If you select a limited tort option, you may not be able to recover for your injuries.
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The breakdown is simple. In Pennsylvania, you have the option of selecting either full tort or limited tort on your auto insurance policy. If you select a limited tort option, you may not be able to recover for your injuries.
Limited Tort vs. Full Tort
Today, automobile insurance consumers have the right to choose whether they want full or limited tort coverage on their automobile coverage. Few know the difference, and because limited tort coverage is cheaper, most opt for limited tort coverage even without knowledge of its potential consequences. In fact, many insurers will assume you want limited tort coverage and quote you the price of the premium without explaining that it carries only limited tort coverage.
Limited tort coverage limits your right to sue another person for bodily injuries sustained in an automobile accident for economic loss (e.g. lost wages and medical expenses). It does not allow you to sue for pain and suffering unless the injury involves a “death, serious impairment of body function or permanent, serious disfigurement.”
It is surprising just how serious an injury must be to be considered “serious” for the purpose of determining whether you may sue for your pain and suffering if you have chosen the limited tort option. Many injuries which appear to be serious and have caused the injured party many problems not compensable by mere reimbursement of wage loss and medical expenses are considered by a court or jury to be not serious enough to overcome the limited tort threshold. Further, many attorneys, when they learn that the limited tort option was selected, will not take your case because of the limitation on the right to recover for one’s pain and suffering, which in many cases can be the largest aspect of a jury award or settlement.
Making the matter more consequential, the primary insured’s selection of the limited tort option can bind members of his or her family to the option as well.
At Williamson, Friedberg & Jones, LLC we strongly encourage our clients to select the full tort option on their automobile insurance policy to fully protect yourself and your family members in the event of an injury causing accident. Have questions? Please call Attorney Joseph H. “Jay” Jones, Jr. at 1.888.4WFJ.LAW or visit www.lawtalk.co and submit your question using the Contact form.
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