The Best Accident Attorney in Philadelphia Discusses Tort Auto Insurance Laws
Before a new driver takes the road in PA, he or she has to secure automobile insurance. Young drivers or drivers who move to PA from other states often express confusion about one particular part of the insurance selection process. Insurance providers across the state are required by Pennsylvania law to provide, at a minimum, two distinctive options to PA drivers: full tort coverage and limited tort coverage. The best way to learn about the different types of coverages is by listening to the PA’s best injury lawyers discuss how tort effects those involved in accidents.
These two basic choices can seem rather inconsequential when a person is selecting auto insurance. No one expects to become involved in an auto accident, so most just view their selection of auto insurance as a necessary but minor decision. The reality, however, is that every driver takes a significant risk when he or she gets behind the wheel of an automobile. Traffic statistics right here in PA reveal that more than one thousand people died in car crashes in 2016 and another 82,971 people suffered injuries.
Below are some tips regarding the important decisions that people must make about their insurance policies. If you any further questions about auto insurance and tort laws in PA, do not hesitate to contact the offices of the best tort attorney in the Philadelphia area, Joel J. Kofksy.
How can a top rated injury attorney in PA help my understanding of tort options?
A tort refers to a situation where one party’s action (or lack of action) results in injury to another party. In some cases, torts are also crimes, whereas in other cases they arise from accidental (but often still serious) infractions. When a tortious act occurs, the injured party can seek restitution from the offending party. For this reason, contacting a premier PA injury lawyer is crucial to the victim.
Pennsylvania is one of the many states in the country that uses a tort system to deal with automobile accidents and insurance payments. In other words, when an accident occurs and injuries result, the victimized party can pursue damages from the offending driver’s insurance company to pay for the consequences of the crash.
In 1990 the state legislature enacted a law with the intention of cutting back on the number of “pain and suffering” lawsuits that were perceived to be weighing down the court system. This particular law mandated that insurers offer the option of a limited tort option in addition to a full tort option.
What do the best PA injury lawyers want me to understand about full tort?
Tort laws have had significant consequences for Pennsylvania residents who suffer injuries in auto accidents. If you are currently struggling with injuries that resulted from a car crash and are unsure about the implications of your insurance policy, do not hesitate to contact an experienced accident attorney in PA for a consultation immediately.
A full tort auto insurance policy involves slightly higher premiums. In exchange for paying that price up front, a full tort policyholder retains the right to sue an offending party for damages; for example, the victim can secure compensation for lost wages, medical bills, and vehicle repairs. Full tort coverage also ensures that an accident victim can seek additional coverage for pain and suffering resulting from injuries that are not considered “serious” in the eyes of the law but still significantly affect the victim’s quality of life.
For example, as anyone with back issues knows well, back injuries can linger for months and often require a range of expensive treatment options to negotiate the painful recovery process adequately. A full tort policy provides the victim with a path forward for securing monetary compensation for necessary treatments like massage therapy or chiropractic services. Simply put, because you are allowed to sue, you can seek much more treatment and many more recovery options.
If you have a full tort policy and need assistance with securing damages, consult Joel J. Kofsky, the best tort attorney in the Philadelphia region.
What is a Limited Tort Auto Insurance Policy?
PA lawmakers instituted the right to a limited tort policy to save Pennsylvanians money on their premiums but also cut back on pain and suffering lawsuits. When an individual goes to an insurance company for a quote, the company offers people at least two different premium options. The cheaper of the two premiums will be the limited tort policy.
As with most things in life, the more affordable option involves certain tradeoffs. The limited tort policy restricts an accident victim’s rights when it comes to securing damages. The limited tort policy still allows a victim to pursue damages for outstanding medical bills, but it severely limits the opportunity for pain and suffering damages and non-monetary costs to a small list of exceptions. Because these options can be confusing and, reaching out to a knowledgeable PA injury lawyer can help you recover from your accident.
The most common exception is the “serious injury” qualification. A limited tort policyholder can still pursue damages if they or someone in their household have suffered an injury that meets the specific criteria for the “serious injury” legal category. These include situations where a death occurs, where a victim becomes permanently disfigured, or where a person loses a necessary body function.
Serious injuries (excluding death) can be complicated to prove in court, so it is ill-advised to try to negotiate these exceptions on your own. If you believe you have suffered a serious injury and are worried about the implications of your limited tort policy, you should secure the services of the best tort attorney in PA immediately. Mistakes with the process for pursuing damages can threaten your hard-earned savings and immeasurably complicate your recovery process.
Can a PA injury attorney help me if they deem my injuries not serious?
The “serious injury” exception is the most common way to work around the limitations of a limited tort policy, but several other exemptions also exist that can enable an experienced accident attorney to secure the compensation that you need for the pain and suffering that result from your accident. These can be very tricky to successfully prove in court, however, so it is not something that an individual should pursue without competent legal representation from the best injury lawyers in Philadelphia on his or her side.
For example, if you were the victim of an accident involving an impaired driver, a premier Philadelphia tort lawyer may be able to work on your behalf to secure pain and suffering damages despite your limited tort policy. This process would necessitate a careful search for relevant documents that prove the other driver’s impairment factored into the crash.
Similarly, if you believe that the other driver intentionally tried to injure you for some reason, you have legitimate grounds for pain and suffering damages even if you have a limited tort policy. This claim will be challenging to prove in court, so it would be wise to seek the best accident attorney in PA immediately so he can get started on your case.
Conclusion: Tort Auto Insurance in PA and Why You Need to Consult a Top-Rated PA Injury Lawyer
Automobile insurance in the state of Pennsylvania involves additional decisions that sound bizarre to drivers who move here from other states. Young drivers have likely never heard of torts when they go to negotiate their first insurance policy. The tort system in PA allows victims the opportunity to secure damages for the costs they incur in car accidents, but the different tiers of car insurance significantly complicate the process.
Full tort auto insurance policies carry higher premiums, but they also offer policyholders a much more robust range of options if they suffer injuries as the victim in a car accident. A premium tort attorney in Pennsylvania can put a full tort auto insurance policy to work for you to make sure you do not lose your livelihood in addition to your good health. Full tort policies preserve your full range of legal options, but securing the damages that you need to cover your bills can still be quite challenging without legal assistance.
Limited tort car insurance policies often seem like a great deal to Pennsylvanians who are looking to save money and consider themselves to be careful drivers. If a limited tort policyholder does experience a severe auto accident, their limited tort policy will make it much harder to pursue damages necessary for a smooth recovery process.
Thankfully, a range of exceptions and some vague legal language opens the door for experienced attorneys to assist limited tort policyholders in the painful, complicated process that often frustrates well-intentioned but poorly constructed efforts to gain necessary compensation. Do not let your limited tort policy cost you your savings or force you to sell off your hard-earned assets. A premier accident attorney in PA like Joel Kofsky can help you assess your situation precisely and then proceed to collect the damages you deserve from the offending driver’s insurance company.