Limited Tort and Full Tort in PA–A Breakdown of Insurance Options with PA’s Best Injury Lawyer
Unlike some other states in the country, Pennsylvania requires auto insurance providers to offer two different tiers of car insurance. These levels give citizens in PA very various options that each contain distinct benefits and drawbacks. The difference between the two levels can dramatically affect the route that an accident victim must take if he or she needs to recover damages to pay off various bills that stack up in the aftermath of an automobile accident. Because lines can easily get blurred, it is wise to take a look at how the best accident lawyers in PA view the different types of insurance options.
The two tiers are the result of a law that the state passed in 1990. The law sets forth a standardized form that individuals receive from insurance companies that list the two alternative options: full tort insurance and limited tort insurance. Drivers must pick one or the other (along with other additional policies in some cases) because the state of Pennsylvania operates on a tort system for settling car accident disputes.
If you have suffered injuries in a recent car accident and are unsure of how to proceed in light of their insurance coverage choice, our team of top rated Philadelphia injury lawyers can help you. Do not hesitate to reach out to the best accident attorney in PA, Joel Kofsky, for assistance with navigating the demands of your situation.
The PA Choice: The Attraction of the Limited Tort Option and What PA Injury Lawyers Want You to Understand
Pennsylvanians who go to purchase auto insurance know that it can be a complicated negotiation process. The difference in premium cost between the two tiers of insurance catches the eye and tends to be the determining factor for many, many drivers across the state.
A limited tort insurance policy does save a policyholder money in the short term, which is undoubtedly an important consideration for hardworking Pennsylvanians. These cheaper plans can save people up to 15% in some cases when compared to a full tort policy. For people who rarely get behind the wheel or for drivers who believe that they are exceedingly cautious drivers, these limited tort options seem like a great deal.
The problem, however, is that automobile accidents can happen to anyone. Every day in PA, more than three hundred crashes occur, according to the Pennsylvania Department of Transportation. Driving motor vehicles is inherently risky because people cannot control every aspect of their driving experience. The behavior of other drivers can result in unfortunate accidents that significantly impact even the best, most careful drivers. When this happens, the accident victim’s prior decision to select a limited tort policy can prove extremely costly, particularly if the victim does not seek help from an experienced PA tort attorney.
The PA Choice: The Potential Problem with the Limited Tort Option and How a Knowledgeable Philadelphia Accident Lawyer Can Help
When a driver in Pennsylvania chooses to pay the lower premium for his or her auto insurance policy, the driver surrenders certain rights in exchange for cutting costs. The limited tort option means that the driver can no longer sue for the full range of damages if he or she becomes the victim of an auto accident.
The driver does retain the right to pursue damages to cover outstanding medical bills but forfeits the opportunity to receive further damages for additional pain and suffering that followed from the accident, barring a handful of exceptions. As those who have suffered painful injuries know, the treatment process often requires some different types of treatment. For example, neck pain may necessitate chiropractic work, acupuncture therapy, or professional massaging to fix the problem slowly; unfortunately, these alternative treatments can be very costly and will likely fall outside of what one would receive with a limited tort policy claim after an accident.
In court decisions since the original law passed in 1990, individuals that have challenged the restrictions that came with their limited tort policies have had trouble convincing the courts to award them the pain and suffering damages they believe they deserve. For example, an appeals court rejected a claim for damages in Donnelly v. Bauer, citing the policyholders’ knowledge of the benefits they received for signing the policy in the first place.
Limited Tort Option and Its Exceptions and What PA’s Best Accident Attorneys Can Do For You
A limited tort policy makes it very hard to pursue damages for pain and suffering, but some notable exceptions can allow a premier Philadelphia tort attorney to fight for these damages in spite of a limited tort coverage situation. Joel J. Kofsky and his legal team can assist you in weighing some viable options if you were the victim of an accident and you have a limited tort policy.
For example, an experienced accident attorney can help you build a case to satisfy what is perhaps the most common exception, the “serious injury” rule. If an individual covered under a limited tort insurance policy suffers death, permanent disfiguration, or loses control of a bodily function, then the restrictions of the limited tort contract do not apply. Permanent disfiguration and the loss of a physical function require extensive, convincing documentation and, in some cases, a compelling expert witness, to succeed in court, so do not try to proceed without stellar legal representation from the best accident attorney in PA.
There are several of other exceptions that exist if the serious injury qualifications is not an option. For example, immediately consult the services of a leading tort attorney in PA if a drunk driver caused your accident. If your attorney can provide the necessary evidence to prove the other driver’s impairment caused the crash, your limited tort policy no longer restricts you from pursuing damages, and you can proceed as though you had a full tort policy.
The PA Choice: The Full Tort Option and How PA Injury Lawyers Seek Damages
Limited tort poses barriers for accident victims in their search for just compensation for their injuries. But, what exactly does choosing and acting upon a full tort policy entail?
A full tort policy requires an individual to pay a slightly higher premium for his or her auto insurance. In exchange, the policyholder retains a more robust set of legal rights than does the limited tort policyholder when an accident occurs, and the individual or member of the person’s household is the victim. As a critical section in the original law from 1990 puts it, “you maintain an unrestricted right for you and the members of your household to seek financial compensation for injuries caused by other drivers.”
The fundamental difference then, aside from the fairly small difference in premium, between a limited tort policy and a full tort policy, is the freedom that the latter provides for an accident victim to pursue damages for pain and suffering, as well as other nonmaterial damages. The full tort policy makes it much easier for a top accident attorney to prevent your misfortunate as an accident victim from being compounded by the financial burdens that threaten to follow.
Summary: Limited Tort and Full Tort in PA and Why You Need the Best PA Accident Lawyer on Your Side
When lawmakers passed the law back in 1990 that made limited tort policies an option, their goal was to reduce the number of pain and suffering lawsuits in the state and simultaneously save individuals on their premiums. Unfortunately, this approach to auto insurance can leave unfortunate accident victims in a serious bind if they cannot afford the various costs associated with their injuries.
While a full tort policy allows accident victims to pursue damages for pain and suffering, just as all Pennsylvanians could do before the 1990 legislation, a limited tort policy restricts a policyholder (and his/her household) from securing damages for pain and suffering. As outlined above, this can mean an accident victim gets stuck with bills and debt, particularly if their injuries worsen after a quick, desperate settlement covered some of the original hospital bills, or if they elect to pursue alternative treatment methods for lingering injuries.
If you are currently weighing your insurance policy decision and can afford to pay the slightly higher premiums, those premiums are worth it. If, however, you are reading this page because you selected a limited tort insurance policy option and subsequently suffered as an accident victim, please contact the best accident attorney in PA for a consultation. You need the right team on your side to get you the compensation you deserve to recover from any accident related injuries.
Joel J. Kofsky can help you discern whether your case meets one of the many exceptions that may allow you to proceed with a claim for damages for pain and suffering. Even if you cannot escape the limited tort restrictions, an experienced tort attorney can help you secure the best possible outcome as you pursue the other damages to which you do still retain the right.