Having Full Tort is best because Limited Tort may limit your right to collect pain and suffering damages. But having Limited Tort on your insurance policy papers does not necessarily mean that you do not have a good case. Some, but not all, of the exceptions that might help you are as follows:
- Can your insurance company prove you chose Limited Tort?
- Was the other driver convicted or on ARD for driving under the influence?
- Did the other car have out-of-state plates?
- Did you occupy a business, leased, rental or governmental vehicle?
- Did you occupy a vehicle used as a public conveyance or bus?
- Did you suffer a serious injury?
- Did you suffer a loss of a bodily function, temporary or permanent?
- Did you suffer a loss of wages?
- Are you unable to return to your employment?
- Do you have large medical bills?
- Did Medicare, Medicaid, the VA or Workers’ Compensation pay your bills?
- Did you occupy a heavy vehicle weighing more than 9,000 pounds?
- Did you occupy public transportation, cab, Uber or Lyft type vehicle?
- Did you occupy a recreation vehicle for off road use?
- Did you occupy a vehicle insured by a garage, auto sales, repair shop, or other such business?
- Did you occupy a bicycle?
- Were you a pedestrian?
Some of the other exceptions are when the accident is caused by a design or manufacturing defect, a service or maintenance repair mistake, an intentional or uninsured driver.
You are Limited Tort if you selected it or own a currently registered private passenger motor vehicle without having automobile insurance.
You are Full Tort if you are not the owner of a currently registered private passenger motor vehicle and not a named insured under any private passenger motor vehicle or insured as a resident relative (spouse, relative, or minor) of a named insured with Limited Tort
It is always better to check your automobile insurance policy before an accident. Your choices of Limited Tort, low medical benefits, low uninsured or under-insured motorist benefits, rejection of stacking, rejection of wage loss protection affect not only yourself, but a spouse and all relatives, including minor children, who reside in the household of the named insured. This Blog is not intended to take the place of legal advice for any specific legal issue. It is intended to be educational and illustrative of a Pennsylvania legal concept. As always, it is best to consult a lawyer who regularly practices in this area for legal advice