One of the most important factors in determining whether you are able to take legal action after a car accident is the tort option on your auto insurance policy. Unfortunately, many people don’t know what tort option they have.
Listen as Attorney Marion Munley explains the difference between full and limited tort, and why it makes a big difference.
Full Tort vs. Limited Tort
When buying car insurance In Pennsylvania, you have the option to choose full tort or limited tort. Full tort allows you to pursue legal action in the event of an accident, regardless of the severity of your injuries. Limited tort, on the other hand, limits your right to compensation in an auto accident. And, this limitation does not just apply to you – it may also apply to the other members of your household.
With a limited tort policy, you may only sue the at-fault party for the cost of medical bills, but not for pain and suffering (and pain and suffering often make up the bulk of a personal injury case settlement) unless the accident caused death, permanent or severe impairment of a bodily function, or serious disfigurement. So, if you have a limited tort policy, you might not receive any compensation for your suffering if your injuries are not deemed “serious” enough.
But, there are also some exceptions to the limited tort rule, regardless of your injuries:
- If you were hit by a drunk driver
- If you are a pedestrian who was hit by a vehicle
- If the defendant’s vehicle is registered out-of-state
- If you were riding in a commercial vehicle
- If you were riding with a resident relative or spouse who has full tort, and were injured as a passenger
- If the defendant is uninsured
In any of the situations above, your limited tort constrictions would no longer apply.
Why do people opt for limited tort?
- It is slightly less expensive
- They don’t realize what they’re giving up by selecting limited tort
When buying car insurance, many people forgo the full tort option in an effort to save money on their policy. As attorneys who regularly meet with victims of car or truck accidents, we know how disheartening it is for people to learn that their car insurance policy’s tort option limits their ability to sue – especially when they may not even be aware of what their tort option is. There are lots of ways to save money on car insurance, but giving up your legal rights should not be one of them.
All it takes is one accident to put things in perspective. If you have been involved in a car accident and you’re wondering what your legal options are, call Munley Law today. We will gladly answer your questions and help you decide the next steps to take. You can reach us at 855-866-5529.