WHAT IS THE DIFFERENCE BETWEEN FULL TORT AND LIMITED TORT AUTOMOBILE INSURANCE IN PENNSYLVANIA?


June 10, 2011 ,

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If you are injured in a car accident, one of the first questions your lawyer will ask you is whether you selected the full tort or limited tort option.  It is not uncommon for people to be unsure of what type of policy they have, even though they must sign a waiver to decline full tort coverage.  When I ask my clients if they have "full tort coverage" a frequent response I receive is that "my insurance agent told me I have full coverage."  In fact, the meaning of "full coverage" is uncertain at best, and to many insurance agents, "full coverage" merely means that you have the minimum coverage required to operate a vehicle Pennsylvania.  Too often, people who believe they have "full coverage" are in fact are limited in their right to sue.

In Pennsylvania, drivers are required to select whether they want to be limited or full tort.  Under a limited tort policy, with few exceptions, your rights to bring a claim for compensation following an accident are limited.  Individuals with limited tort policies are not able to sue for pain and suffering and other similar damages, even when they are not at fault.  Limited tort coverage permits a person injured in an automobile accident to only recover for his or her out of pocket medical bills, wage loss, automobile repair costs, and other actual monetary loss.  What's more, when you elect limited tort coverage, family members residing with you may also be bound by this limitation.

An exception to this general rule permits a person with limited tort coverage to pursue a claim for pain and suffering where the injuries they sustained in the accident were "serious."  However, even very painful injuries may not be considered "serious" under Pennsylvania law. 

An individual with full tort coverage, on the other hand, regardless of the severity of the injury, is able to assert a claim for pain and suffering, so long as the accident was not his or her fault.  

Automobile insurance carries offer discounted coverage to customers that select the limited tort option; however, it is my belief that you should not waive your rights to full tort protection to save a few dollars on automobile insurance premiums.  Even if money spent on insurance premiums seems substantial to you and your family, you will be better served protecting yourself and your loved ones from potential losses that may be sustained in an accident.  Remember, all it takes is one accident to negate the relatively minor savings of a limited tort policy.


If you've been hurt in an accident, call Brent Wieand at 267-443-8487 for a free consultation.