Limited Tort vs. Full Tort in Pennsylvania

Limited Tort vs Full Tort in Pennsylvania FAQs

• Do you have limited tort or full tort on your policy?
• Do you have uninsured or underinsured motorist coverage with or without stacking?
• Do you have income loss protection?
• Are there multiple policies of insurance under which you may get coverage?
• Could there be workers’ compensation coverage?
• What if the car accident happened out of state?

What You Need to Know if You Are Involved in a Car Accident Case

Questions that must be answered: Some lawyers do not know all the legal questions that must be investigated and answered to make sure you are fully compensated. Edith Pearce has inside knowledge of the auto insurance business, as she worked as a lawyer for years for a major auto insurance company. Let her inside knowledge work for you to obtain the maximum compensation, either through settlement or trial. Our proven track record demonstrates successful outcomes in complex cases, and we advocate for our clients with compassionate yet aggressive representation.

Limited Tort vs Full Tort: What’s On Your Policy?

Limited Tort:

Two types of insurance coverage can be purchased in Pennsylvania, which are known as “limited tort option” and “full tort option.” To find out if you have “limited tort” or “full tort” check the declaration page of your policy. Under Pennsylvania law, those who select the limited tort option may not bring suit for non-economic damages or “pain and suffering,” unless they have suffered a “serious injury.” A serious injury is defined by law as a personal injury resulting in death, serious impairment of body function, or permanent serious disfigurement (75 Pa.C.S. § 1702). At present, the courts across Pennsylvania are still interpreting what constitutes a “serious injury.” Generally, the courts will look to see if the injury has significantly affected your ability to perform your normal activities of daily living for a long period of time and caused you to suffer a significant amount of pain and discomfort during that period of time. Edith Pearce recommends you choose the “full tort” option or change to the “full tort” option. Choosing limited tort in PA saves you very little money in annual premiums, as little as $100 to $200, yet it may cost you thousands of dollars by not allowing you to recover for certain injuries. If you have “limited tort,” on your auto policy, you may still have a case, and you need an experienced insurance dispute lawyer like Edith Pearce to help prove you have a serious injury to allow you to recover. Understanding insurance company tactics and how insurance adjusters evaluate claims is critical to maximizing your recovery.

That said, there are some limited tort exceptions in PA.

Exceptions to Limited Tort in Pennsylvania

Even if you selected limited tort, Pennsylvania law restores your full tort rights in several situations under 75 Pa.C.S. § 1705(d). You do not have to prove a serious injury if the at-fault driver was convicted of DUI or accepted ARD, was operating a vehicle registered in another state, had no insurance, or intended to cause injury. You also retain full tort rights if you were injured as an occupant of a vehicle that is not a private passenger vehicle, or if you were a pedestrian or cyclist rather than an occupant of a motor vehicle. These exceptions work separately from the serious injury threshold.

Full Tort:

Full Tort allows you to retain unrestricted rights to bring suit against the negligent party in a car accident, whether your injury is considered “serious” or not. Do not be fooled by the insurance company’s claim to save you money. Ensure you select the full-tort option to safeguard yourself and your family.

What is full tort auto insurance? Full tort is the tort election on your policy that controls what you can recover from a driver who injures you. With full tort, you can pursue pain and suffering damages without first having to prove your injury was “serious”. With limited tort, that category of damages is off the table unless you clear the serious injury threshold or fall under one of the statutory exceptions. Note that full tort is not the same as “full coverage”. Full coverage is an informal term for a policy carrying comprehensive and collision, which pays for damage to your own vehicle. You can carry full coverage and still be stuck with limited tort.

Do You Have Uninsured or Underinsured Motorist Coverage With or Without Stacking?

Uninsured:

Uninsured Motorist Benefits (usually abbreviated UM on your policy) protect you and your family if you were injured in a car accident with an uninsured driver, and the driver at fault had no insurance or if the driver who caused the car accident left the scene of the accident without stopping (“hit and run”). Hit-and-run claims carry strict conditions. When the vehicle cannot be identified, the accident must be reported to the police or proper governmental authority, and you must notify your own insurance company within 30 days, or as soon as practicable afterward (75 Pa.C.S. § 1702). Missing those steps can cost you the claim entirely. What happens if you get in a car accident without insurance? If you own a registered vehicle in Pennsylvania and do not carry the required coverage, you have no UM coverage of your own to fall back on. Pennsylvania law also treats you as having chosen limited tort automatically (75 Pa.C.S. § 1705(a)(5)), and bars you from recovering first-party medical benefits (75 Pa.C.S. § 1714). Driving uninsured strips away protections you cannot get back after the crash. UM coverage is inexpensive. You may choose to waive this coverage, which Edith Pearce strongly recommends against. By waiving UM coverage, you are choosing not to insure or protect yourself and your family, even though you have been responsible and purchased automobile insurance to protect a stranger if you cause the car accident. Don’t protect others and fail to protect yourself and your family. If you choose UM benefits, your insurance company will pay you the same as the other driver’s insurance company would have paid you if that person had insurance. Also, your insurance company is not allowed to surcharge you because you made a claim for UM benefits on an accident that was not your fault. That protection covers the surcharge tied to your claim… it does not freeze your premium, which can still change at renewal for reasons that have nothing to do with you.

Underinsured:

Underinsured Motorist Benefits (usually abbreviated UIM on your policy) protect you and your family if you were injured in a car accident and the driver at fault had insurance coverage, but the amount or limits of coverage were too low to compensate you for your injuries. For example, assume the driver at fault maintained the minimum amount of insurance allowed under Pennsylvania of $15,000 of liability coverage, which was paid to you. Also, assume that you were seriously injured in a car accident and the fair compensation for your injuries was $100,000. If you maintained underinsured motorist coverage of $100,000, your insurance company could pay you $85,000 additional benefits to allow you to be fully compensated (rather than just receiving $15,000). Your insurer may not surcharge you just because it paid underinsured benefits on a claim that was not your fault. Edith Pearce strongly recommends you maintain underinsured coverage. Don’t protect others and fail to protect yourself and your family. Failure to maintain underinsured coverage could result in you receiving only $15,000 for bodily injuries because the driver at fault purchased the cheapest auto insurance policy with minimum limits.

Stacking:

If you have chosen “Stacking” of your automobile insurance policy, you are permitted to add together or “stack” the coverages of each automobile owned and registered in Pennsylvania for uninsured (UM) or underinsured (UIM) coverage or insurance. For example, if each vehicle has $15,000/$30,000 coverage and there are two vehicles, the coverage would actually be equivalent to $30,000/$60,000 limits. Although stacking is optional, Edith Pearce strongly recommends that you choose or add stacking to your policy as it may provide an inexpensive means to increase your coverage. Although you may not know it, you may be adequately protecting others in a car accident, except yourself, by not having enough underinsured or uninsured coverage. Underinsured and Uninsured coverage protects you if you are injured in a car accident and the driver at fault does not have enough insurance or any insurance to compensate you for your injuries.

Do You Have Income Loss Protection?

Income loss protection is optional under Pennsylvania law. If you choose this coverage, generally 80% of gross income lost after the first five days of work missed can be recovered up to $1,000 per month. The minimum wage loss coverage you may purchase is $5,000.00. Edith Pearce recommends you purchase income loss protection at a level that provides a safety net. If you do not carry income loss coverage, you may not be able to collect money for your lost wages unless and until your case has been resolved either through a trial or by settlement.

Are There Multiple Policies of Insurance Under Which You May Get Coverage?

Multiple policies of insurance:

Generally, if you own more than one registered vehicle in Pennsylvania, stacking is permitted so that you may add together or “stack” your underinsured or uninsured coverage of each automobile. Also, the party that caused the car accident may have more than one policy available for you to recover against. For example, if the driver causing the car accident is driving a business vehicle, there may be coverage under a business automobile insurance policy, umbrella insurance coverage, and a personal automobile insurance policy.

Umbrella insurance:

An umbrella policy is an excess liability insurance coverage over and above that which is covered by an automobile insurance policy. In picking up where an automobile policy left off, it is an extra layer of coverage.

Could There Be Workers’ Compensation Coverage?

Workers’ Compensation:

Workers’ Compensation (formerly known as workmen’s compensation) generally covers employees from injuries, which occur while working, and provides wage loss and medical benefits. Most people do not think of workers’ compensation coverage when they are involved in a car accident. If your car accident involved a trip or errand for your company, it may be covered under Pennsylvania workers’ compensation. Even a car accident while commuting to and from work can sometimes be covered under Pennsylvania workers’ compensation. While Pennsylvania does not allow workers’ compensation benefits if a car accident occurs when an employee is generally commuting to and from work, there are many exceptions to this rule. For example, where the employee’s duties included travel or where the employee was running an errand for his employer during his or her commute, workers’ compensation may apply. Other examples of automobile accidents that could be covered under workers’ compensation include when an employer is paying/reimbursing mileage as part of an employee’s salary and where the employee has no fixed place of work such as an office or building he reports to every day. For example, a health care provider or nurse that travels to different patients’ homes every day may be covered by workers’ compensation even if the car accident occurs on her commute home because she had “no fixed place of work.” Edith Pearce has the inside knowledge of working for an insurance company as an attorney and a defense firm for 10 years. She will be able to determine what insurance may apply to achieve the maximum compensation you deserve.

What if the Car Accident Happened Out of State?

Out of State Car Accidents:

If your injury or car accident occurred out of state, there are many issues that you need an experienced personal injury car accident attorney to investigate. You may be bound by the state’s laws where the car accident occurred regarding when and how to bring a claim. Understanding time limits and filing deadlines is critical, as each state has different statutes of limitations that could bar your lawsuit if not filed promptly. You have a limited amount of time in which to file a claim in any state.

Contact The Pearce Law Firm Personal Injury & Accident Lawyers, P.C. Near You

If you’re involved in a car accident, it’s important to understand the differences between full tort and limited tort coverage. Having a nearby experienced insurance claims lawyer is important in evaluating your case. Edith Pearce worked for years as a lawyer for an automobile insurance company. She knows how to overcome the limited tort defense if the facts of your case meet one of the exceptions. She will have a thorough review of your automobile accident case and your insurance paperwork and will file your lawsuit within the appropriate statute of limitations to preserve your legal rights. Give our firm a call. We offer free consultations with no upfront costs and work on a contingency fee basis, meaning you pay no attorney fees unless we win your case… so don’t risk your case to just anyone.

Note: This article is not legal advice.

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