In Pennsylvania, drivers must select “full tort” or “limited tort” automobile insurance coverage. It is one of the most critical decisions you will make if you are ever involved in a severe car accident. Depending on whether you chose full or limited tort and whether the injuries suffered are considered dangerous will determine whether you can file a lawsuit to recover non-economic damages from the at-fault driver.
What Does Limited Tort Mean?
If you elected the limited tort option when you purchased your vehicle insurance policy or if you don’t own a vehicle but live with someone who selected limited tort, you cannot recover noneconomic damages such as pain and suffering resulting from a car accident unless you suffered a “serious injury.”
What Constitutes a Serious Injury?
A serious injury in Pennsylvania is a bodily harm resulting in serious impairment of bodily function, permanent serious disfigurement or death. There have been hundreds of cases over the years that do help clarify what a serious impairment of a bodily function is. It is decided on a case-by-case basis, with focus on the following:
- What, if any, body function was impaired
- The particular body function impaired
- The nature and extent of the impairment
- How long the impairment lasted
- The treatment required correcting the impairment
It is important to note that the injury doesn’t need to be permanent to qualify as a serious injury.
Exceptions to Limited Tort Status
At the law office Stephen L. Chung, Esquire, we can explain the many exceptions to limited tort status. These exceptions include: The vehicle that struck you is not registered in Pennsylvania but another state
- The other driver is convicted of drunk driving
- The other driver was uninsured
- The other driver caused the accident on purpose
- You were in a motor vehicle such as a bus or other commercial vehicle
- The defendant is in the business of maintaining, servicing, repairing, manufacturing or designing motor vehicles and the accident happened because of a defect in the vehicle.
These exceptions highlight why it is important to call Full tort and limited tort automobile insurance lawyer Stephen L. Chung, Esquire, for a free consultation about your accident – even if you selected the limited tort options. There may be an exception that is applicable in your case that will allow you to seek compensation for pain and suffering, even if you didn’t suffer a serious injury.
How an Experienced Attorney Can Help
You can still file a lawsuit to recover economic damages even if you are limited tort. An experienced and knowledgeable personal injury attorney like Stephen L. Chung, Esquire, can determine whether you are full or limited tort, help you get the medical attention you need and review your medical records to determine if you suffered a serious injury. He can provide answers to your questions and explain how a personal injury case proceeds. You can concentrate on your recovery while Mr. Chung works diligently to get you the compensation you deserve for your injuries suffered by another’s negligence or carelessness.
Contact Stephen L. Chung, Esquire, Today
Contact the Law Office of Stephen L. Chung, Esquire at 215-688-5777 to schedule your free initial consultation and learn more about how you can seek the compensation you need and deserve.