There are two important insurance options for Pennsylvania residents to choose from.
“Full Tort” Option
Some PA drivers choose to pay a bit more and purchase “full tort” insurance coverage. This is a much better form of insurance protection for an injured PA accident victim, because there are no restrictions to when a full tort insured car crash victim can pursue a claim against an at-fault driver.
“Limited Tort” Option
“Limited tort” insurance coverage restricts injured parties from recovering for injuries that are not deemed to be “serious.” The reason many accident victims choose the limited tort insurance option is because it is slightly cheaper.
The Good News With Limited Tort Insurance in PA
Even if your case was rejected by another law firm, don’t hesitate to call Ostroff Godshall Injury and Accident Lawyers and run your case by us. We have recovered millions for clients who had their limited tort case rejected by one or more firms.
We are not afraid to pursue limited tort cases. We know what is necessary to prove that your case is an exception to limited tort. If we agree to help you, it’s because we believe we can win your case.
For example, limited tort crash victim Tom B suffered a nerve injury near his shoulder in an intersection crash. Tom was forced to undergo surgery. He contacted multiple law firms who rejected his case due to his limited tort insurance policy. When the client reached out to Ostroff Godshall Injury and Accident Lawyers, Jon Ostroff promptly filed a lawsuit and litigated the highly contested claim. Shortly before trial, we negotiated a $1,950,000 settlement for our client Tom.
Since we don’t get paid unless and until you do, we’re putting our money where our mouth is when we agree to help limited tort crash victims across PA.
If you were harmed in a car accident and you have limited tort coverage, you may have more options for financial recovery than you think. At Ostroff Godshall Injury and Accident Lawyers, we have won significant amounts of compensation for many injured clients with limited tort insurance.
If your claim has been denied by other law firms, a skilled car wreck attorney from our firm can help you. Our Pennsylvania limited tort lawyers will fight to secure compensation for all of your losses.
How Does Limited Tort Insurance Work?
When a driver with limited tort gets into an accident that was someone else’s fault, the negligent driver’s insurance will pay for their out-of-pocket medical costs, lost income, and property damage. Some people believe that limited tort means the policyholder can’t sue after a car crash for any of their damages. Others believe that limited tort means a driver cannot sue for their pain, suffering, or other non-economic losses. These beliefs often aren’t correct.
There are some situations in which injured motorists with limited tort coverage can’t sue an at-fault driver for pain and suffering. However, an experienced lawyer can help you understand whether your specific case can lead to a full recovery for all of your car accident injuries, despite your limited tort insurance policy.
Exceptions to Limited Tort in Pennsylvania
Limited tort coverage does not always prevent policyholders from seeking non-economic damages. State law gives motorists with limited tort the same rights as those with full tort coverage in six specific circumstances.
Under 75 Pennsylvania Consolidated Statutes §1705(d), a limited tort driver has full rights to sue for all their damages if:
- The other driver was convicted of impaired driving in the accident that caused the injury
- The vehicle at fault for the accident had an out-of-state registration
- The accident was intentionally caused by a driver who meant to harm himself or another person
- The at-fault driver had no insurance
- The accident was due to a manufacturing defect
- The injured person was the occupant of a commercial vehicle at the time of the wreck
In these types of cases, you may sue for all your damages after a car accident, no matter what type of insurance policy you have. A seasoned attorney from a reputable law firm can investigate the circumstances of your crash to determine whether any of these exceptions apply to your limited tort claim.
Accident Cases Involving Severe Injury Cases
If you were severely injured with limited tort insurance, you have the right to file a lawsuit for pain and suffering damages. However, determining whether a particular injury qualifies as “serious” under the law can be complicated, as the legal definition leaves plenty of room for interpretation. Under state law, a serious injury is “death, serious impairment of body function or permanent, serious disfigurement.”
Any catastrophic injuries that have a permanent or long-term impact on your mobility or cognitive functions clearly qualify as “serious.” Amputations, severe burns, and damage to internal organs that has a lasting effect on functioning also qualify. Any injury that leaves you suffering from chronic pain or impairment could be considered a serious injury under the law.
Depending on the circumstances, a Pennsylvania attorney well versed in limited tort insurance can make the case that other injuries should be considered serious as well. For example, bone fractures, loss of consciousness at the accident scene, significant blood loss, and extensive scarring could be deemed “serious” injuries even if you made a full recovery.
Maximize Your Recovery with a Pennsylvania Limited Tort Attorney
In many cases, your limited tort coverage does not prevent you from recovering compensation for your harm and losses.
Ostroff Godshall Injury and Accident Lawyers isn’t afraid to take on the insurance companies and pursue justice for injured clients in limited tort cases. We know how to prove that your case is an exception to limited tort. If we agree to help you, it’s because we believe we can win your case.
Trust a Pennsylvania limited tort lawyer at Ostroff Godshall Injury and Accident Lawyers. We have been fighting and winning limited tort cases across PA for over a quarter of a century. Call us today and discuss your case with one of our lawyers. You don’t pay us for anything until we obtain a recovery for you.
