When Limited Tort is Full Tort
Many drivers in Pennsylvania elect the Limited Tort option when purchasing car insurance due to its lower cost. Why pay more for full tort you might reason, if you have a record of safe driving and have never been in an accident. The problem that may arise, in a personal injury claim, is that you may not be able to recover the full amount you are entitled if you elected the limited tort option on your auto insurance policy. The following five situations are instances when one could recover as if they had full tort insurance, even with a limited tort policy.
1. If you are struck by a car while walking or riding a bicycle. The tort option is for motor vehicle operators, therefore a person injured while not operating a vehicle is not limited to their tort option.
2. If an accident occurs while you are an occupant in a enon-private passenger vehicle. Occupant simply means either a driver or a passenger, and a non-private passenger vehicle is any public or company vehicle. This can include, buses, company cars, and taxis.
3. If you are in an accident where the at-fault driver pleads guilty to, is convicted of, or placed in ARD (Accelerated Rehabilitative Disposition) for Driving under the Influence (DUI).
4. If the at-fault driver’s vehicle is registered outside of Pennsylvania. Out of state drivers can create a full tort by exception. This specific exception is very easily overlooked.
5. If the at-fault driver is uninsured. While you can technically recover unlimited damages, an uninsured motorist often has limited assets to recover on, and may even declare bankruptcy.
For more information, check out my video about the five limited tort options.
Give me a call at (267) 627-4JOE (267-627-4563) to schedule a free consultation. Visit my website and blog for related articles, and get the first chapter of my Pennsylvania Car Accident Playbook.
