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Limited Tort Law vs. Full Tort Law in PA

When drivers purchase auto insurance in Pennsylvania, they have a couple of options. PA drivers can choose the limited tort option or the full tort option. You might think you are saving money by choosing the Pennsylvania limited tort option over the full tort option, but in the end, it could cost you more money. There are significant differences between the PA Limited Tort Law and the PA Full Tort Law, so it is important to be fully informed on both laws.

In Pennsylvania, motor vehicle law states that with a limited tort auto insurance policy, you basically give up the right to sue for anything other than a determinable monetary loss due to the accident. This means if you miss work and have to go a period of time without pay, you can recover lost wages under the Pennsylvania limited tort option. Also, if you suffer an injury as a result of an accident, you can also sue for compensation for medical bills, loss of wages, or anything else out of pocket.

Also, with the Pennsylvania limited tort option, you cannot sue for pain and suffering. The only time someone with a limited tort option can sue for anything other than out of pocket costs is when they are considered serious injured. According to PA law, being seriously injured means a significant limitation of a bodily function.

The lower price of the PA limited tort option may seem like a good thing to drivers buying auto insurance in Pennsylvania. However, you may end up losing more money than you save if you are injured in an accident.

There are however, exceptions to the PA Limited Tort Law:

1. If you were driving a motorcycle at the time of injury.
2. If you were a pedestrian at the time of injury.
3. If you were a passenger on a bus, truck, or taxi at the time of injury (non-automobile).
4. If the driver responsible for the accident as convicted of drunk driving (DUI) or is accepted into the first offenders program (ARD).
5. If the driver responsible for the accident was driving a vehicle not registered in the state of Pennsylvania.
6. If you suffered injuries that are a significant limitation of a bodily function.

Pennsylvania's full tort option has no limitations on what you can sue for after an accident. In this case, if you are injured in the accident you can work with a lawyer to file a claim for any and all damages or losses as a result from the accident. Keep in mind, though, that while you have the right to file suit for all of these damages, it does not mean you will be awarded the damages.

Bucks County personal injury lawyers at Saile & Saile LLP know that the options of Pennsylvania's Full Tort Law and Limited Tort Law can be confusing. For more understanding of the tort option in Pennsylvania, contact us today.