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Can I Obtain A Recovery With Limited Tort Insurance?


Hi, I’m John Ostroff. Thanks for visiting ostrofflaw.com. You’ve clicked on the question about whether you can obtain a recovery with limited tort insurance. Let me answer that for you.

First of all, don’t assume you have limited tort. There’s a form you fill out when you bought your insurance and that form needs to be correct under the law. You need to have signed it in the right places. The form itself needs to meet certain legal requirements. When we’re hired we’ll review that form and make sure, in fact, your limited tort. Assuming you are, there are three exceptions that would apply.

The first one is, were you hit by a drunk driver? Or was your crash caused by a drunk driver? If that’s the case, DUI, under any circumstances, drunk, high, on drugs whatever, if they’re convicted or they receive ARD, which is a plea bargain, you’re gonna be treated as if you’re a full tort. As if limited tort doesn’t apply.

The second exception is, are you in a private-passenger vehicle when you were injured? In other words, were you in a car, private vehicle? If you were in a truck, in a bus, you are a pedestrian, you’re on a bike, you’re on a motorcycle, anything but a car, you’re gonna be treated as if you’re full tort, limited tort won’t apply.

Third, are your injuries serious? This is the grayest area, the other areas are pretty black and white. This one is where we end up fighting the most with the insurance companies. The requirement is that we’d be able to prove that you have a serious impairment to a significant bodily function. That’s a very gray definition and in helping clients that are going under the serious injury exception, we have to prove that their injuries were serious enough to impair them from performing their job or their daily activities for a significant enough period of time. The medical treatment you require and your doctor’s diagnoses can be very important to this and as a law firm we get very involved in making sure that you’re getting the right medical care and the right support to prove this very thing. I hope this answers your questions, thanks.

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