You Can Be Refused Compensation For Injuries From an Automobile Accident If You Select The Limited Tort on Your Insurance Policy

Many people in Pennsylvania do not understand the difference between “limited tort” and “full tort”.

The Pennsylvania Motor Vehicle Financial Responsibility Law requires that all insureds in Pennsylvania sign a document acknowledging that they were advised of their options for selecting either “limited tort” or “full tort” on their automobile insurance policies. If you select the limited tort you are subject to a minimally lower premium, but in return the insurance companies limit your recovery to economic loss, in the event that you do not suffer a “serious impairment of body function.”

The limited tort applies to bar insureds from recovering money damages in a motor vehicle accident even where the accident is not the fault of the insured. In other words, if you select limited tort and you are in an accident you may be barred from recovering money damages even though the accident was not your fault. The limited tort provision can preclude claims for non-economic injuries, or pain and suffering, unless the injuries qualify as a serious impairment of body function, which would then overcome the limited tort selection.

There is a great deal of confusion surrounding claims for bodily injury (non-economic loss) because the Motor Vehicle Financial Responsibility Law does not clearly define these types of injuries. The Law merely states that a person is barred from recovering damages where that person selected the limited tort except where there is “serious injury”, which is defined as ”a personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.” (75 Pa C.S.A.§ 1702) Therefore, it is very important that you review your automobile policy and make the “full tort” election and not the “limited tort” election.

In conclusion, be very careful when you purchase automobile insurance in Pennsylvania. You should not select the “limited tort”. Rather, you should select the “full tort” option. If you select “limited tort” you may be barred from recovering money damages for your injuries when you are involved in a motor vehicle accident, even where you are not at fault for the accident. The “limited tort” selection limits claims that are minor and which do not result in serious or permanent injury.

If you have any questions regarding tort options, please contact Cooper & Schaffer and we will be pleased to discuss this very important issue with you.