Limited Tort Exceptions Explained by Philadelphia’s Best Injury Lawyer
In Pennsylvania, drivers have the option of choosing between limited tort and full tort coverage when purchasing insurance for their vehicles. The state of Pennsylvania created this decision because the courts were overflowing with pain and suffering lawsuits resulting from accidents.
Because of the gray areas in tort law, it’s wise to hire a top rated PA injury lawyer if you’ve been in an accident.
Pennsylvania’s full and limited tort automobile insurance reduces the number of accident-related, pain and suffering cases. The result, insurance companies have to pay out less and can thereby offer better, more affordable insurance premiums.
Pennsylvania Injury Attorneys Discuss Limited Tort Vs. Full Tort
Full tort coverage gives covered drivers the option to sue another driver in court for all damages, including pain and suffering. If the driver is in an accident that isn’t their fault, this gives them the option to sue for a variety of damages, including unpaid medical bills, loss of wages, pain and suffering, property damage (car repairs) and more.
Limited tort, on the other hand, limits a driver’s ability to recover damages when they are not at fault during an accident. Specifically, they cannot recover pain and suffering damages (which can include medical costs). There are some exceptions to this like if the injury sustained is severe enough. The upside to choosing the limited tort coverage for auto insurance is it is less expensive; drivers can save around 15% on their insurance premium each year, compared to full tort.
If you have limited tort coverage and have been in an accident, it can be particularly important to find an expert legal solution. The best limited tort lawyer in Philadelphia can help you determine if you qualify for one of the exceptions to limited tort coverage or what sort of damages you can recover with your limited policy.
PA Injury Lawyers Talk About Why Limited Tort Policies in Pennsylvania Can Be Misleading
When choosing between limited and full tort coverage, drivers are often blinded by the idea of paying less for their insurance. They don’t always fully understand the potential ramifications of choosing a limited tort policy.
For one thing, insurance policies are long and full of dense terms and clauses. Not everyone reads their policy before signing on the bottom line. Arguably, the real reason that limited tort policies can be misleading is that of how the state of Pennsylvania defines a “serious injury,” regarding insurance policies.
While many consumers assume that a “serious injury” is a broad, subjective term and thereby easy to find an exception to in court, it is the opposite. Often, they find this out far too late, when they’ve already been in an accident and suffered an injury.
Listen to PA’s Best Tort Attorneys Discuss How “Serious Injury” Is Defined By Insurance Policies in Pennsylvania
“Serious injury,” in terms of insurance policies in Pennsylvania, refers to three different types of injuries that one could sustain in an accident:
- Death
- Significant Deformity
- Impairment Of Routine Bodily Function(s)
By this rigid definition, you can see that claiming serious injury, as a means to receive an exception to a limited tort policy, is reserved only for the very worse injuries.
You could be in an accident that causes multiple broken bones, long-term pain or other seemingly-serious injuries, but your limited tort coverage would not allow you to recover pain and suffering damages for those injuries because you are not dead, deformed or disabled.
Again, many drivers are lead to initially believe that “serious injury” would include these types of injuries. It can be a rude awakening if you are in an accident with limited tort and realize that your broken arm isn’t covered. That said, a skilled Philadelphia accident lawyer may still be able to find another exception to your limited policy or find other means for you to recover damages, so the accident isn’t a total loss.
Other Exceptions To Limited Tort That The Best Philadelphia Limited Tort Attorney Can Identify
There are other exceptions to limited tort policies, which aren’t measured by the severity (or lack thereof) of sustained injuries, but on circumstances surrounding the accident, such as the vehicles involved, their insurance coverage, the state of the driver (specifically in terms of DUI or DWI) and other criteria.
Here is a quick rundown of the most common exceptions to limited tort in Pennsylvania.
Pedestrian Or Cyclists: If you were struck by a car or truck as a pedestrian or while riding a bicycle, your automotive insurance would provide any medical coverage needed, even if you only have limited tort coverage. The state doesn’t want to penalize people with limited tort coverage on their vehicles for incidents where they were not driving a vehicle.
Driving A Commercial Vehicle: A common exception to limited tort is if the victim of an accident is driving (or is a passenger of) a non-private, commercial vehicle. Such as a company car, a bus or any other type of business-owned vehicle that is registered for commercial use.
At-Fault Driver Is Intoxicated: The state of Pennsylvania doesn’t want to inadvertently allow drivers who illegally operate their vehicle under the influence of drugs or alcohol to face less liability because of a limited tort provision of the victim. Thus, if you are in an accident with a driver who is convicted of, or pleads guilty to, driving under the influence of drugs or alcohol, your limited tort does not apply.
No Car Insurance: Similar to the above exception regarding drunk drivers, Pennsylvania also aims to avoid rewarding drivers that don’t have active car insurance and therefore don’t follow the proper laws of driving a vehicle. Thus, if you are in an accident where the at-fault driver doesn’t have car insurance, your limited tort provision is ignored, and you can recover all damages. Unfortunately, this can be difficult as these individuals may have insufficient assets.
Out Of State Vehicle: If the at-fault driver in your accident has a car registered in another state, this is another exception to limited tort.
If You Have Been In An Accident, You Need The Best Limited Tort Lawyer In Philly
While there are a number of these exceptions to limited tort, understanding when and if they apply to your unique accident scenario can be difficult. In most cases, the at-fault party’s insurance company isn’t going to tell you that your limited tort provision doesn’t apply and you can recover more.
After all, they want to pay out as little as possible. So, it behooves them to let you believe that your limited tort policy prevents you from recovering damages caused by pain and suffering. Thus, it’s often up to you and your chosen legal solution to pursue a limited tort exception, if one applies.
The top limited tort attorney in Philadelphia will be able to identify any exception to the limited tort provision that your unique accident involves, even if it doesn’t fall under the standard exceptions above. Then, they’ll work alongside you to help ensure that the at-fault party’s insurance adjuster abides by the exception of your limited tort coverage and allows you to recover what you are justly owed.
The Cost Of A Top Limited Tort Lawyer in Philadelphia
Many drivers choose limited tort coverage to save money, which means the cost of the right legal help may be an issue, as these individuals have tighter financials. Some accident victims don’t get the right attorney for fear of the cost. This is exactly why the Law Offices of Joel J. Kofsky offers a free consultation and a pay structure that is based on us winning your case.
Initially, we’ll sit down with you and discuss the details of your case to determine if we believe you have a legitimate claim for a limited tort exception. If we believe you do, we’ll immediately begin discussing the next course of action. Even if we think your case does not warrant an exception to the limited tort provision of your insurance, we will still work with you to ensure you recover any and all damages you are owed, like loss of wages, property damage and more.
Again, this initial meeting is free. But, even if you choose to let us represent you in your case, you still won’t pay anything out of pocket until we win your claim. It’s our job to help you have a successful case. If we fail to deliver, it costs nothing to you.
Contact The Premier Limited Tort Accident Lawyer In Philly Today
Car accidents are stressful events that can be made even more so if you have been injured and have limited tort coverage. You may be fearing the worst that your injuries won’t be covered because of the limited provision of your car insurance. Instead of worrying on your own, you should contact the Law Offices of Joel J. Kofsky.
Depending on the various components of your case, we’ll pair you with the finest limited tort lawyer that our experienced staff has to offer. This ensures you get the exact legal solution for your unique scenario.
Consultation is free, and our no-risk pay structure means there’s absolutely no need to hesitate. Contact us today at 215-735-4800. Even if your case doesn’t permit an exception to your limited tort insurance, we’ll work with you to determine other damages that you can recover.