Pennsylvania takes a somewhat unique approach to car insurance coverage compared to many other states, making it challenging to get paid fairly after an auto accident. Generally, your first avenue for recovery after a wreck will be seeking “no-fault” coverage through your own personal injury protection (PIP) policy. However, your options for seeking further reimbursement after that can vary depending on the specific type of coverage you have.
If you have a “limited tort” auto insurance policy, you may have difficulty seeking compensation for certain losses—especially if you don’t have help from a seasoned car accident attorney. Fortunately, a Bensalem limited tort lawyer at Ostroff Godshall Injury and Accident Lawyers can help you understand the ins and outs of your specific policy. We will work diligently to get you the maximum compensation available.
The Unique Limitations of “Limited Tort” Insurance
When buying car insurance, Pennsylvania residents can purchase either “full tort” or “limited tort” coverage. Your choice here doesn’t affect how your PIP or other types of coverage (like uninsured/underinsured motorist coverage) would work after a wreck. However, it can impact whether you can file a lawsuit against the person at fault for your accident after exhausting all other forms of insurance coverage.
“Full tort” coverage puts no artificial limitations on your right to file suit after a motor vehicle accident and is usually a bit more expensive than “limited tort” coverage. If you have “limited tort” coverage, you may be prohibited from filing suit unless certain exceptions apply to your case. This means you’d be unable to seek compensation for damages like lost work wages, physical pain, psychological suffering, and loss of life’s pleasures that insurance didn’t cover, even if the other party involved in your crash was 100% to blame.
Your Bensalem limited tort attorney can further explain how these policies work—and how you can sometimes get around them—during a private initial meeting.
Are There Exceptions to Limited Tort Laws?
The main exception to limited tort laws in Pennsylvania is a “serious injury.” If your traffic accident leads to permanent and debilitating harm from your injuries, the limited tort restriction mentioned above doesn’t apply. In this case, you can file suit for additional damages stemming from those injuries.
Under current Pennsylvania law, other exceptions to the limited tort rules include the following scenarios:
- You were hurt while traveling inside or driving any commercial vehicle, such as a bus or a rental car
- The person who hit you was driving a vehicle registered in a state other than Pennsylvania
- The person who hit you did so intentionally and intending to cause you harm
- The person who hit you did not have any car insurance
- The person who hit you was convicted of DUI or accepted Alternative Rehabilitation for a DUI charge in relation to the wreck
Guidance from our skilled lawyers can be vital to proactively working within the limited tort system in Bensalem and throughout Pennsylvania.
Seek Help from a Bensalem Limited Tort Attorney
Limited tort car insurance may be a bit cheaper on a month-to-month basis, but it can limit your rights to pursue compensation after a car accident that wasn’t your fault. Fortunately, our legal team may still be able to fight for the compensation you deserve regardless of your insurance coverage.
Having a Bensalem limited tort lawyer on your side can make all the difference in your chances of case success. Call Ostroff Godshall Injury and Accident Lawyers today to discuss your options in a free consultation.
