Automobile Insurance - Limited Tort
DON’T LIMIT YOUR TORT OPTIONS In 1990, the Pennsylvania Motor Vehicle Insurance laws were changed. One of the most significant changes concerns your right to sue if injured in a motor vehicle accident. The 1990 changes introduced two “tort” options, full tort and limited tort. If you are listed as the insured in a personal automobile insurance policy, you can now choose the limited tort option, savings in your premium of about 12%. The Problem Many people do not realize the significance of choosing limited tort. You may be injured in a motor vehicle accident due to someone else’s fault. But if the limited tort option applies, you can sue that person for your pain and suffering only if you have a “serious injury”. A serious injury means death, serious impairment of a body function or permanent, serious disfigurement. So, with limited tort, in most accidents you limit your claim to unreimbursed expenses such as property damage, lost wages, or unpaid medical bills. Here’s an example from a recent court case. A woman was in a car accident and ruptured a disc in her neck. The doctor ordered physical therapy and had her take narcotics. She could not return to work as a night office cleaner and had to give up coaching basketball and cheerleading. She could only occasionally raise her arms above her shoulders and was instructed by her doctor not to lift more than 10 pounds. Unfortunately, she had limited tort. Incredibly, the Court decided that this woman did not have a “serious injury”. She could not sue the other driver for her pain and suffering. Limited tort only applies when you are occupying a privately owned and privately used motor vehicle, that is, the family car. And there are also other exceptions. The most common exceptions are when the responsible person is driving drunk or is driving a vehicle not registered in Pennsylvania. The Solution The meager amount you save on your automobile insurance premium will never compensate you for the rights you give up if you are injured in an accident. Check with your insurance agent to see if you have limited or full tort insurance. If you have limited tort, ask you agent to change your policy. If you are ever in an accident, you will be glad you did. | 
