When Decisions Matter.


Limited Tort Exceptions: What They Are and Reasons to Choose Full Tort

You have just purchased a new vehicle, and you need to either add a vehicle to an existing policy or buy new insurance. You are going through the motions with the insurance company when you are faced with the decision of purchasing “limited” or “full tort.”

In Pennsylvania, insurance companies are required to present their clients with both limited and full tort options. Regardless of your choice, you must sign a specific form to declare your tort selection.

At first glance, limited tort often seems cheaper but also often is not in your best interest, especially if you are involved in an accident and are not the at-fault driver. Limited tort include will “limit” your ability to make a claim against the at-fault driver. Unless an exception applies, someone injured in an accident will only be able to make a claim for “economic” damages. These are damages for medical bills and wage loss. A person who has purchased limited tort will not be able to make a claim for the actual injuries they sustained (“non-economic” damages) in the accident or any emotional injuries.


Limited tort exceptions

An injured limited tort claimant can overcome the “limited tort threshold” if one of six exceptions apply. They are:

  • The injuries resulted from an accident involving a driver that was DUI
  • The injuries resulted from an accident involving a vehicle registered in another state
  • You were injured in an accident where you were a passenger in a commercial vehicle or motorcycle
  • The other driver was uninsured
  • You were injured as a pedestrian or while riding a bicycle; and
  • The injury is considered a “serious injury”

Limited tort exceptions are not enough to rely upon prior to being involved in an accident. Many clients who choose limited tort end up frustrated by their inability to make a claim in the aftermath of an accident, as pain and suffering claims cannot be made under limited tort.


Full tort: Here for you when you need it

The only way to not limit your rights and ability to make a claim following an auto accident is to choose the full tort option. Full tort allows drivers who are not at fault to make a claim for pain and suffering regardless of the extent of your injuries.

Full tort protects your right to hold others fully accountable for their actions. Full tort comes with far less of a risk, though it may be more expensive than limited tort.

A personal injury attorney can help you navigate insurance coverage following an auto accident. Contact Stock and Leader’s Personal Injury team today.

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