When purchasing automobile insurance in Pennsylvania, car owners have a choice: limited tort vs full tort auto insurance. Full tort insurance offers policyholders an unrestricted right to sue for compensation after a crash caused by another driver. Meanwhile, limited tort insurance restricts your right to sue for non-economic damages in exchange for lower premiums.
Which of these PA auto insurance options is best for you will depend on whether you would rather save on your monthly bills in exchange for limitations on your right to sue or if you would like to be able to sue for the full value of your losses.
What Is Full Tort Insurance in Pennsylvania?
Pennsylvania full tort insurance gives you and members of your household an unrestricted right to sue an at-fault driver for the pain and suffering and non-economic damages you experienced in an accident. Pain and suffering is a legal term that describes the discomfort, inconvenience, and emotional trauma that car accident injuries cause. You also have the right to sue an at-fault driver for your medical expenses, lost wages, and out-of-pocket costs if you have full tort insurance in Pennsylvania.
What Is Limited Tort Insurance Coverage?
Limited tort insurance limits a policyholder’s right to sue the at-fault driver. This coverage option allows you to sue an at-fault driver for the cost of medical expenses, lost wages, and out-of-pocket expenses you incur because of an accident. But limited-tort policyholders in Pennsylvania cannot sue an at-fault driver for pain and suffering unless you or your passengers sustain a “serious injury.” Pennsylvania law defines a serious injury as:
- Permanent and serious disfigurement
- Serious impairment of a bodily function
- Death
A few exceptions can also allow you to sue even if you selected limited tort, such as if the at-fault driver is from out-of-state or uninsured.
How Full Tort and Limited Tort Affect Injury Claims
Drivers who have limited tort coverage cannot sue for pain and suffering unless they’ve been badly hurt. If you have full tort car insurance in Pennsylvania, you can sue an at-fault driver for pain and suffering regardless of the severity of your injuries. In either case, accident victims can seek compensation for medical costs and lost income if another person caused their injuries.
When Can Limited Tort Drivers Sue for Pain and Suffering?
Drivers with a limited tort insurance policy can only sue for pain and suffering if someone else caused an accident that severely injured them. Examples of injuries that might count as serious include traumatic brain injuries (TBIs), severe lacerations, permanent serious disfigurement, and broken bones.
Is Full Tort Worth the Additional Cost?
Now that you know the differences between full tort vs. limited tort in PA, you are better informed to decide which type of insurance coverage is best for you. A full tort policy might be a good choice if you can pay a bit extra for monthly insurance premiums to preserve the option to sue for pain and suffering without having to prove the severity of your injuries. A limited tort policy might be better if you would rather save money on premiums and don’t mind the limitation on your right to seek compensation for pain and suffering.
What Should You Do After an Accident Involving Tort Election Issues?
By the time you sustain injuries in an accident, you have already made a choice regarding your right to sue. Regardless of which choice you made, here are five steps to take after a car accident to strengthen your potential claim:
- Report the accident to the police so they can make a report.
- Seek prompt medical attention and tell your doctor you were in a car accident.
- Notify your insurance company of the car accident, which auto insurance policies typically require.
- Gather evidence like medical bills, pay stubs, witness contact details, and your written account of the accident.
- Be careful about what you say to insurance adjusters.
- Contact a car accident lawyer for a free consultation and bring your insurance policy with you.
Contact The Levin Firm Today for a Free Consultation
Have you been in an accident in Pennsylvania? Do you have questions about your auto insurance policy and your right to seek compensation? The Levin Firm may be able to help you pursue fair compensation, whether you have limited or full-tort coverage. Contact a personal injury attorney at the Levin Firm today for a free consultation to discuss your legal options.