There is a lot of misinformation out there about the implications of having a limited tort auto policy within Pennsylvania. Some think that if you are involved in a car accident and have limited tort coverage you are barred from any recovery. This myth is largely disseminated by insurance companies as a tactic to avoid paying injured claimants. We are proud to report; however, that we have achieved many successful recoveries on behalf of our limited tort clients injured in automobile accidents.
While limited tort does limit your right to recovery, it is critical that you understand that it does not ELIMINATE your right to recovery. First, even if you have limited tort, you are always entitled to recover your out of pocket expenses (economic damages). Out of pocket expenses include, but may not be limited to, your lost wages, medical expenses and property damage. Limited tort does nothing to bar your right to recover these out of pocket expenses and you should never surrender your right to recover them for less than full value.
Limited tort does; however, have implications for your ability to recover for your pain and suffering. It is worth reiterating that limited tort does not eliminate your right to recover for your pain and suffering and we have obtained thousands of dollars for our limited tort clients injured in car accidents. How do we do it? The answer is contained within Pennsylvania’s own automobile insurance law (Pennsylvania Motor Vehicle Financial Responsibility Law). Pursuant to Pennsylvania law, you may still recover your non-economic (pain and suffering) damages if one of several exceptions applies.
The main exception is that you were “seriously injured” in the accident. Understandably, there is a lot of confusion about what qualifies as a “serious injury.” Some have taken the position that all injuries are serious; unfortunately, this is not the law. In order to fully understand the exceptions to the limited tort option, you should contact us now for a free initial consultation. We will determine whether one of the exceptions applies to your case and advise you of your ability to recover. Take advantage and contact us now!