Pennsylvania drivers make a critical decision regarding limited tort vs full tort coverage when purchasing auto insurance. This selection dictates your ability to sue for non-economic damages following a collision.
Shipon Law Associates challenges insurance companies and fights for the compensation you need, regardless of the box you checked on your policy forms.
Key Takeaways for Limited Tort vs Full Tort PA
- Full tort coverage grants you the unrestricted right to sue for pain and suffering after an accident.
- Limited tort restricts your recovery to out-of-pocket medical and property expenses unless you meet specific legal criteria.
- The “serious injury” exception allows limited tort policyholders to pursue full non-economic damages.
- Pennsylvania law exempts specific victims, such as those hit by drunk drivers, from limited tort restrictions.
- Insurance adjusters frequently dispute the severity of injuries to protect their bottom line.
The Impact of Your Tort Selection
Your insurance policy serves as the rulebook for your claim, and drivers often choose limited tort to lower their monthly premiums. These savings come with a trade-off. By selecting limited tort, you agree to waive your right to sue for pain and suffering unless your injuries are serious.
Full tort retains these rights entirely. Many accident victims in Philadelphia and Jenkintown discover the weight of this choice only after a crash occurs on roads like Roosevelt Boulevard or I-76.
However, you still possess rights even with limited tort coverage, such as the ability to sue for economic damages. These damages include unpaid medical bills, lost wages, and out-of-pocket expenses.
The restriction applies strictly to non-economic damages, such as pain, suffering, and loss of enjoyment of life. Shipon Law Associates analyzes your specific situation to identify the most effective pathways to recovery.
Defining Serious Injury
The Pennsylvania Motor Vehicle Financial Responsibility Law contains a specific threshold that cracks open the limited tort door. If you sustain a serious injury, you regain the right to sue for pain and suffering as if you had full tort coverage. The law strictly classifies a serious injury as:
- Death: The accident resulted in the loss of a life.
- Permanent Serious Disfigurement: You sustained significant, lasting scarring or physical alteration.
- Serious Impairment Of Body Function: Your injury substantially interferes with your ability to perform daily actions.
Insurance companies fight this definition aggressively, sometimes even arguing that broken bones, herniated discs, or soft tissue injuries don’t constitute a serious impairment.
Our attorneys gather medical evidence to prove how your injuries impact your daily life. We demonstrate that your condition limits your ability to work, care for your family, or engage in hobbies.
Common Exceptions to Limited Tort
State law provides several automatic exceptions that override your tort selection. These scenarios allow you to sue for full damages immediately. You don’t need to prove a serious injury if one of these exceptions applies to your accident.
Drivers who are hit by a vehicle registered in another state are exempt from the limited tort restrictions. If a driver from New Jersey or Delaware hits you in Philadelphia, you retain full tort rights.
This exception also applies when the at-fault driver is uninsured or flees the scene, allowing you to pursue full damages despite selecting limited tort.
Specific Scenarios That Override Tort Selection in PA
Certain distinct situations automatically grant you full tort rights. A lawyer investigates the facts of the crash to see if these apply.
The DUI Exception
Pennsylvania courts take a hard stance against drunk driving. If the driver who hit you receives a conviction for driving under the influence (DUI) or accepts admittance into a pre-trial rehabilitative program (ARD), your limited tort selection vanishes.
You gain the right to sue for pain and suffering regardless of injury severity. We monitor the criminal case against the defendant to leverage this exception for your civil claim.
Pedestrians and Commercial Vehicles
Your tort election follows you in your own car, but it behaves differently in other contexts. If you sustain injuries as a pedestrian or while riding in a commercial vehicle, the rules change. Passengers in buses, taxis, or rideshare vehicles may have different avenues for recovery.
Furthermore, occupants of motorcycles generally fall outside the limited tort vs full tort restrictions entirely. We review the vehicle type and your status as a passenger or pedestrian to maximize your claim.
FAQ for Limited Tort vs Full Tort
What Constitutes a Serious Impairment of Body Function?
Pennsylvania courts look at the extent of the impairment and the duration of the injury. A serious impairment must substantially interfere with your normal daily activities. This includes an inability to perform job duties, do household chores, or participate in recreational activities.
Does Limited Tort Affect My Medical Bills?
No: Your tort selection has no impact on your medical benefits. In Pennsylvania, your own First Party Benefits (PIP) cover your initial medical bills regardless of fault or tort option. The limited tort vs full tort choice only restricts your ability to sue the at-fault driver for pain and suffering.
Can I Sue if the At-Fault Driver Was Uninsured?
Yes. If the driver who caused the accident lacks insurance, the limited tort restriction does not apply. You may still pursue compensation for pain and suffering without proving a serious injury.
If you carry Uninsured Motorist (UM) coverage, that policy becomes the source of recovery—but the limited tort exception applies whether or not you have UM coverage.
Can I Change My Tort Selection After an Accident?
You cannot retroactively change your insurance selection for a past accident. The coverage you held on the date of the crash applies to that specific claim. However, you maintain the right to contact your insurance agent and update your policy for future protection.
Protect Your Rights Today
Your insurance choice complicates your case, but it doesn’t end it. You have options to recover damages for your pain and suffering, and Shipon Law Associates knows how to prove a serious injury and can identify the exceptions that restore your rights.
Don’t let an insurance company dictate the value of your health. Call Shipon Law Associates now at (215) 708-1234 for a free consultation and learn how we can help.