After a motor vehicle accident in Pennsylvania, many people assume they will be able to sue the driver who caused the accident to recover all their losses, including medical bills, wage loss and pain and suffering. Unfortunately, many victims of motor vehicle accidents who call our office are surprised to learn their ability to recover from the other driver is severely limited by their own decisions when purchasing their car insurance.

In this article, we will discuss the law behind the two “tort options” available to you when you purchase car insurance in Pennsylvania: “full tort” and “limited tort.” The choice between limited tort and full tort coverage is one of the most critical decisions you will make when purchasing car insurance. It will determine your rights in any lawsuit you may file after a car accident.

We will be providing future articles on other ways you can use your car insurance coverage, such as by purchasing a full range of first-party benefits, to protect yourself and your family.

At the Law Office of Alvin F. de Levie, Esq., we have represented hundreds of families in cases involving car accidents, whether the victims were covered by limited tort or full tort insurance, throughout the Commonwealth of Pennsylvania, including, for example, Centre, Mifflin, Lycoming, Clearfield, Montgomery, Delaware, Bucks, Dauphin, Philadelphia, Lehigh, York, and Chester Counties, to name a few.

What is the Difference between Full Tort and Limited Tort Coverage?

Under Pennsylvania’s Motor Vehicle Financial Responsibility Law, you must be offered the option of purchasing either “full tort” coverage or “limited tort” coverage.

Full tort coverage provides the most protection if you are involved in a lawsuit after a car accident. If you are insured under a full tort policy, Pennsylvania law allows you to sue the driver who caused the accident for all your damages: Medical bills that could not be covered by insurance, wage loss that could not be covered by insurance, and most importantly, your pain and suffering. No matter what your injuries may be, whether you suffered a short period of neck pain or a broken leg, you can recover for the maximum amount of pain and suffering a jury, Judge or arbitrator will award to you.

Limited tort coverage provides the least protection if you are involved in a lawsuit after a car accident. If you are insured under a limited tort policy, you can still collect your medical bills and wage loss to the extent they could not be covered by insurance. However, Pennsylvania law places significant limits on your ability to recover for pain and suffering. Limited tort plaintiffs are not allowed to sue for any pain and suffering unless they can prove they suffered a “serious injury” as a result of a car accident. A “serious injury” is defined as “[a] personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.”  While the question of whether an accident victim suffered a “serious injury” is often reserved for the Jury, many car accident victims are not able to meet the burden of proving a serious injury. In such cases, the victim simply cannot recover for their pain and suffering. Insurance adjusters are aware of this fact and often unwilling to make reasonable settlement offers, if they make any offer at all, on limited tort cases.

How do I Purchase Full Tort Coverage Instead of Limited Tort Coverage?

While Pennsylvania insurance companies are required by law to provide you with the option to purchase full tort coverage or limited tort coverage, many insurance agents and insurance companies do not explain the importance of you purchasing full tort coverage to protect yourself and your family in the event of an accident. Do not just sign the forms your insurance agent or insurance company give you based on what they tell you, because likely they are not looking out for your and your family’s best interests. Make sure you read the forms carefully and select the full tort option. While limited tort insurance is typically cheaper than full tort insurance, as we explained above, electing the limited tort option severely limits your ability to recover damages if you are injured in a car accident. Depending on your circumstances, your election of the limited tort option may even bind blood relatives living in your household who do not have their own car insurance! It is important to make sure you and your loved ones are offered full protection under the law.

Should I Purchase Full Tort Insurance Coverage?

SIMPLY, YES! Pain and suffering are often the most significant portions of damages awarded in an injury lawsuit, no matter how serious the injury may or may not be. It is CRITICAL to maintain full tort coverage to make sure you can recover all damages to which you are entitled after a motor vehicle accident.

You do not want to leave yourself and your loved ones with an uncompensated or undercompensated loss just to save a few dollars on your car insurance. Even if your insurance agent recommends that you not purchase full tort coverage, ignore that advice and purchase the coverage.

What Should YOU do if a Loved One or Friend is Injured in a Motor Vehicle Accident?

YOU SHOULD CONTACT MY OFFICE IMMEDIATELY.

At the Law Office of Alvin F. de Levie, Esq., we have decades of experience representing individuals and families involved in motor vehicle accidents. We have handled cases throughout Pennsylvania: From Philadelphia and the surrounding counties to Centre County, from Central Pennsylvania to Pittsburgh, and from the New York border to the borders of West Virginia and Maryland. If you have suffered an injury or someone died as a result of being involved in a motor vehicle accident, please call our firm – 24 hours a day, 7 days a week – at 844-777-2529 (Toll Free) or (215) 696-3900 for a consultation. One of our team members will be in immediate contact with you. We maintain offices throughout Pennsylvania in Philadelphia, State College and Bellefonte. We are willing to meet any clients throughout the Commonwealth.