In most states, you don’t have any restrictions on your right to file a lawsuit after getting hurt in an accident caused by someone else. In Pennsylvania, though, your right to file a claim after a car wreck may be restricted if you have a certain type of car insurance known as “limited tort.”
This limited tort system can be confusing to navigate without assistance from an experienced auto accident attorney, especially while you’re recovering from serious injuries. Fortunately, help is available from a Norristown limited tort lawyer at Ostroff Godshall Injury and Accident Lawyers. Our firm is well-known for fighting and winning on behalf of folks like you.
Full Tort Versus Limited Tort Insurance Coverage
Car insurance policies in Pennsylvania can generally be sorted into two broad categories. If you have full tort coverage, you have no limits on your right to sue someone over a car crash; as soon as you’ve exhausted your own personal injury protection (PIP) coverage through your own car insurance policy, you can take legal action against that other person and demand compensation for losses like missed work income, future medical bills, and physical and psychological suffering.
Full tort tends to be more expensive than limited tort coverage, but those savings come with a tradeoff. If you have limited tort car insurance coverage, you typically can’t file a lawsuit after you’ve exhausted your PIP coverage, even if the other person is 100 percent to blame for causing your accident. However, there are some exceptions to this rule that our Norristown limited tort attorneys can explain during a free, no-obligation consultation.
Exceptions in the Limited Tort System
The main exception to limited tort rules in Pennsylvania is if you suffered a “serious injury” with long-lasting and debilitating effects. If you and your Norristown lawyers can prove that you suffered serious injuries, you can file suit against the responsible party, even with limited tort insurance.
Other situations where you may be able to ignore the usual limited tort restrictions and file a lawsuit after a car accident include the following:
- The person at fault for the accident was convicted of drunk driving charges or is participating in an Accelerated Rehabilitation program for alcohol abuse related to the crash.
- The person at fault for the accident registered their car in a state other than Pennsylvania.
- The person at fault for the accident didn’t have any car insurance.
- The person at fault for the accident was intentionally trying to injure you.
- You were injured as a bicyclist, pedestrian, rideshare or taxi passenger, bus passenger, or motorcycle rider.
- The wreck was caused by a mechanical defect in one or more of the cars involved.
In any case, guidance from a Norristown limited tort lawyer at our firm will be essential to making the most of your claim.
Seek Help from a Norristown Limited Tort Attorney
Pennsylvania’s limited tort system is complicated. If you try to navigate this system without help from a seasoned legal professional, you’ll likely miss out on the compensation you need for your injuries and losses.
A Norristown limited tort lawyer from our firm will fight tirelessly to get you the payments you deserve for the harm you should’ve never suffered. Call Ostroff Godshall Injury and Accident Lawyers today to discuss your options.