In the Commonwealth of Pennsylvania, motor vehicle owners can purchase either limited tort or full tort car insurance. Limited tort is generally cheaper than full tort, but it comes with restrictions on when you can sue an at-fault driver. Fortunately, there are some exceptions to these restrictions.
An Allentown limited tort lawyer like Jon Ostroff can help you understand these insurance laws and obtain fair compensation on your behalf. The guidance of an experienced car accident attorney can not only boost your chances of recovery, but will also help you understand when you might be exempt from limited tort restrictions.
At Ostroff Injury Law, we have recovered large rewards for many accident victims with limited tort. For example, our client “Tom B” suffered a nerve injury near his shoulder in a crash at an intersection. After the wreck, he was forced to undergo surgery.
Tom contacted multiple law firms. Each of them rejected his case because he had limited tort insurance. Once he retained Ostroff Injury Law, Jon Ostroff filed a lawsuit and litigated the claim. Shortly before trial, our team won a $1,950,000 settlement for Tom. Get in touch with our firm to learn how we can help you in your case.
Recoverable Damages in Limited Tort Car Accident Claims
Any properly insured driver in Pennsylvania has the right to seek financial compensation from the insurance company for out-of-pocket expenses or financial losses stemming resulting from injuries sustained in the wreck. The question of who was at fault for an accident has no impact on certain related expenses.
You can seek insurance monies through this “no-fault” system even if you were 100% to blame for your own injuries. Even when you have limited tort insurance, the expenses and economic losses that are recoverable include:
- Costs of emergency medical treatment;
- Expenses for future rehabilitative and/or medical care, including physical therapy, medications, and assistive equipment;
- Lost income, including lost business and professional expenses;
- Car repair or replacement costs; and
- Lost or damaged personal property other than the vehicle.
If your accident was caused by a reckless or careless driver, the negligent motorist’s insurance will cover your out-of-pocket medical expenses, lost income, and property damage. Depending on the circumstances, limited tort insurance can prevent you from filing a lawsuit for non-economic losses related to your injuries, including pain and suffering.
Fortunately, Ostroff Injury Law has 25 years of successfully overcoming limited tort restrictions, which would otherwise apply to our clients and restrict their right to compensation. An attorney with Ostroff Injury Law can give you more details about how you can recover fair compensation from the at-fault party, even if you have limited tort insurance.
Exceptions to Limited Tort Restrictions in Allentown
Generally, limited tort insurance policies do not allow recovery for non-economic losses like physical pain, psychological trauma, or lost quality of life. However, there are some circumstances where you can overcome limited tort restrictions and obtain full compensation from the at-fault party through a lawsuit.
The most common exception to limited tort laws is the infliction of a “serious injury.” If you sustain a debilitating and/or disfiguring injury that will have a permanent impact on your quality of life, you have the right to seek compensation for both the economic and non-economic effects of that injury.
Likewise, if you are hurt in an accident caused by a drunk driver or an out-of-state motorist, you will not be restricted by limited tort rules. Limited tort restrictions also do not apply to bus passengers, motorcyclists, bicyclists, or pedestrians injured in traffic accidents caused by negligence. A seasoned lawyer at Ostroff Injury Law in Allentown can clarify the recovery options that are available in your limited tort claim.
Learn More by Speaking with an Allentown Limited Tort Attorney
Pennsylvania’s unique auto insurance system can make it challenging for car crash victims to maximize their financial recovery. You may have enough insurance coverage to recover for short-term economic losses. However, it may be difficult to get what you deserve for long-term financial losses and non-economic harm, if you pursue your claim without the right legal representation.
A respected Allentown limited tort lawyer from Ostroff Injury Law can be the ally you need to successfully seek recovery. Call us today for a free consultation.