When you buy car insurance in Pennsylvania, one of the choices you have is getting either a full tort or limited tort policy, both of which include the same type of personal injury protection (PIP) coverage. Full tort policies are more expensive because they give you a much broader right to file suit after an auto accident compared to what a limited tort policy allows.
While it can be harder to file a third-party lawsuit after a wreck if you only have limited tort coverage, it’s not impossible in every situation, especially if you have help from a seasoned car accident attorney. If you have questions about what your recovery options are and how best to go about pursuing them, your York limited tort lawyer can provide the answers and information you need to get every cent of compensation you deserve.
At Ostroff Godshall Injury and Accident Lawyers, we have recovered large rewards for many accident victims with limited tort. After the wreck, our client suffered a nerve injury near his shoulder and was forced to undergo surgery. Other firms rejected his case because he had limited tort insurance. Once he retained our team, Jon Ostroff filed a lawsuit and litigated the claim, winning a $1,950,000 settlement.
What Are the Limited Tort Rules for Car Crashes?
Regardless of whether you have full tort or limited tort coverage in Pennsylvania, the state’s no-fault car accident laws require you to seek compensation through your own PIP coverage before filing a lawsuit. This coverage should provide payments for medical bills, car repair costs, and sometimes other out-of-pocket expenses related to your accident, but only up to your specific policy’s limits.
Once you max out all available insurance coverage, the only way to recover for other types of losses—for example, physical pain and psychological suffering—is to file a lawsuit or demand a private settlement from the person at fault for the crash. If you have full tort insurance coverage, there are no restrictions on your right to do this. If you have limited tort coverage in York, you and your attorney may be prohibited from filing any kind of lawsuit over your wreck unless one or more exceptions apply.
Exceptions to Limited Tort Restrictions
The main exception to limited tort restrictions is a serious injury. While the exact definition of serious injury can vary across different policies, you’re generally allowed to sue no matter what kind of insurance you have if a car crash caused by someone else led to you suffering a permanently disabling or disfiguring injury.
The other five exceptions to this rule all have to do with the driver who hit and injured you. Specifically, if any of the following descriptions apply to them, you can step outside the limited tort system and sue them for damages beyond what insurance covers:
- They were driving drunk and have been criminally convicted or agreed to go to rehab as an alternative to conviction for DUI
- They hit you or your vehicle on purpose with the intent of injuring you
- They were driving a commercial vehicle, bus, or rental car
- They were driving a car registered in a state other than Pennsylvania
- They don’t have car insurance
If you get hurt as a pedestrian or motorcycle rider in an accident, your limited tort lawyer in York can potentially help you file suit against the at-fault party regardless of whether you only have limited tort car insurance coverage.
Get in Touch With a York Limited Tort Attorney Today
The limited tort system can be extremely difficult to navigate. Fortunately, you have help available from our experienced legal professionals who know the ins and outs of this system and can make sure you get the best possible case result in spite of it.
A York limited tort lawyer from our team will be your ally from start to finish of your legal proceedings. Call us today for a free, no-obligation consultation.
