Curious about the difference between full tort coverage and limited tort coverage? The main difference lies in how these options affect your ability to make a claim after a car accident. Full tort coverage leaves individuals free to seek various forms of compensation, including damages for pain and suffering. In contrast, limited tort coverage imposes limits on an individual’s ability to claim compensation for pain and suffering unless the injury meets certain legal criteria. In Pennsylvania, insurance companies offer both full tort coverage, which gives the insured the right to seek comprehensive damages in court, and limited tort coverage, which limits the ability to seek compensation for pain and suffering. It offers.
Even if you choose limited tort coverage on your Pennsylvania auto insurance policy, it’s important to note that there are exceptions that allow you to sue for pain and suffering in certain circumstances.
Full Tort vs. Limited Tort Auto Insurance Coverage
Full tort coverage and limited tort coverage are two options for auto insurance policies, and they differ greatly in how they affect your ability to make a claim after a car accident. Here are the main differences:
Complete tort auto insurance coverage:
flexibility – Full tort coverage gives you maximum flexibility when it comes to claiming compensation after an accident. You can claim different types of damages, including economic damages such as medical bills and lost wages, and non-economic damages such as pain and suffering.
No legal standards – There are no specific legal standards or requirements that must be met in order to be fully compensated for your tort and sue for pain and suffering. You can usually claim these damages regardless of the severity of your injuries.
higher premiums – Full tort coverage typically has higher premiums because it provides more extensive coverage and allows for greater compensation after a car accident.
Limited Tort Auto Insurance Coverage:
Cost reduction – Limited tort coverage is designed to reduce your premiums in exchange for limiting your right to sue for certain damages after an accident. This coverage is often selected by individuals who want to reduce insurance costs.
Threshold requirements – Tort coverage is limited, so you can only sue for non-economic damages, such as pain and suffering, if your injury meets certain legal criteria. Specific thresholds vary by state, but may include conditions such as serious injury, permanent disfigurement, or significant impairment of bodily function.
limited litigation – Limited tort coverage means that even if the accident was not your fault, you may not have the ability to sue for pain and suffering unless your injuries meet the criteria specified by your insurance contract or state law. limited.
Full Tort Insurance vs. Limited Tort Insurance – Advantages and Disadvantages
Let’s break down the pros and cons of both full tort auto insurance coverage and limited tort auto insurance coverage.
complete tort auto insurance
advantage:
Increased compensation flexibility – The main benefit of full tort insurance is that it gives you maximum flexibility when seeking compensation after an accident. Both economic and non-economic damages may be pursued without material limitation.
No legal standards – You do not need to meet any specific legal criteria in order to claim non-economic damages such as pain and suffering. This means that you can claim compensation even for minor injuries.
Full access to the legal system – Full tort coverage gives you the right to sue if necessary to obtain full compensation. This is especially beneficial in the event of a serious injury or dispute with your insurance company.
Cons:
Higher premiums – Complete tort coverage typically has higher premiums compared to limited tort coverage. You will pay more for additional flexibility and the right to seek compensation.
Cost considerations – The increased cost may deter some people from choosing full tort coverage, especially if they want to reduce their insurance costs.
Limited Tort Auto Insurance:
advantage:
Lower insurance premiums – Limited tort coverage generally results in lower premiums, making it an attractive option for those looking to save on insurance costs.
Cost reduction – Choosing limited tort coverage may reduce your insurance costs while covering economic damages such as medical bills and lost wages.
Cons:
Limitation on non-economic damages – The most significant disadvantage of limited tort insurance is that it limits your ability to claim non-economic damages such as pain and suffering. You can claim these damages only if your injuries meet certain legal criteria, which can be difficult to prove.
Reducing legal recourse – Limited tort coverage limits access to the legal system. If your injuries do not meet the criteria, you may not be able to sue for non-economic damages, even if the accident was not your fault.
At the end of the day, choosing between full tort auto insurance and limited tort auto insurance depends on your personal priorities and budget. Full tort insurance provides more comprehensive coverage and flexibility in claiming compensation after an accident, but it is more expensive. Limited tort insurance can save you money on premiums, but limits your ability to claim non-economic damages unless certain criteria are met. When making your decision, consider your risk tolerance, the likelihood of future accidents, and your willingness to pay higher premiums for broader coverage.
Can I file a personal injury claim with both limited and full tort auto insurance?
Yes, you can make a personal injury claim under both full tort insurance and limited tort insurance, but there are significant differences in how these claims work. Both full tort insurance and limited tort insurance allow for injury claims, but the main difference lies in the scope and ease of making claims for non-economic damages such as pain and suffering. Full tort insurance provides broader coverage and reduces the restrictions on seeking compensation, while limited tort insurance limits your ability to seek this type of damages unless certain conditions are met. may be done. Your choice of coverage will affect how you claim compensation after an accident, so it’s important to understand what your insurance policy means when making your selection.
Understanding the limited tort exception in Pennsylvania
Pennsylvania Auto Liability Law allows victims who choose limited tort coverage or who have limited tort insurance to recover the same pain and suffering settlements as full tort insurance. There are exceptions. These exceptions are provided under the statute at 75 Pa. Cons. Compliant with Statistics § 1705(d) and includes:
A drunk driver caused an accident – The limited tort does not apply if the at-fault driver in the accident was convicted of drunk driving or accepted an early rehabilitation program or (ARD program, often referred to as a “first offender” program).
An uninsured driver caused an accident – Under Pennsylvania law, victims are not bound to a limited tort if the driver who caused the accident was uninsured. The law provides that the limited tort under Pennsylvania law does not apply “if the person liable is not required to be financially responsible.” This means that if a victim injured in a car accident has uninsured motorist coverage or UM insurance, they can file a claim against their own insurance company and have limited tort coverage under their car insurance policy. It means you are not bound by options.
Vehicle registered in another state – The limited tort does not apply if the person causing the accident was driving a vehicle registered in a state other than Pennsylvania. This is an important exception because many car accidents in the Philadelphia area are often caused by drivers of vehicles registered in New Jersey, New York, Maryland, or Delaware.
Passengers in commercial vehicles or motorcycles – If the victim was a passenger in a taxi, bus, Uber, Lyft, rental car, motorcycle, or any other type of vehicle that is not a “private passenger vehicle,” the victim may be entitled to limited tort liability under their own policy. selected. A motorcycle rider/passenger can obtain a limited tort exception because a private passenger vehicle is defined as having four wheels.
pedestrian or cyclist – Pedestrians or cyclists injured by motor vehicles are not bound by limited torts, regardless of their motor vehicle policy choices. So, if you or a loved one is hit by a car while crossing the road or riding your bike, it doesn’t matter whether you chose limited tort coverage on your own auto insurance policy.
Accident resulting in “serious injury” – The law provides that “unless the injury sustained is serious, each person bound by a limited tort election shall be precluded from continuing an action for non-economic loss.” [pain and suffering]” So what does it mean to be seriously injured? The Pennsylvania Legislature defines serious injury as “an injury that causes death, significant impairment of bodily functions, or permanent disfigurement.” However, Pennsylvania courts have held that all injuries are different, and that even soft tissue injuries can constitute a “serious injury” if they are clearly documented and substantially impair bodily function. It was determined that there was.
Other exceptions to limited torts – Other less common exceptions used to overcome limited torts include accidents caused by defects in the design, manufacture, repair, or maintenance of the vehicle. Finally, an exception exists if the person causing the accident intended to cause injury to themselves or others.
Seeking injury compensation with limited tort insurance
You are injured in an accident in Pennsylvania and find that your tort coverage is limited. What now? An experienced car accident law firm near you will know how to prove your injuries are “severe” to meet the standard to overcome a limited tort. Your lawyer will ensure that you take the necessary steps to secure compensation, including recommending diagnostic tests such as MRIs and X-rays to check for hidden injuries, such as broken bones or herniated discs. If scarring remains, your lawyer will document this with your doctor. You will also be asked to keep a diary about how your injury has affected your life, such as being unable to play with your children or participate in social activities.
If you have pain or symptoms, it is important to continue your treatment and document it with your insurance company. An experienced personal injury attorney will tell the insurance company how your injury has affected your work, i.e. whether you have missed a significant amount of work or have limitations and are unable to work as much as before. Explain how you are no longer able to perform to the best of your ability.