Limited vs. Full Tort Coverage: What Pennsylvania Drivers Need to Know Before an Accident Happens

Driving is an everyday necessity for most Pennsylvania residents. While many drivers focus on choosing safe vehicles and practicing defensive driving techniques, fewer individuals give enough thought to their auto insurance coverage, specifically, whether they’ve chosen limited or full tort coverage. Unfortunately, it’s only after an accident occurs that many drivers realize just how significant their choice can be.

Understanding the difference between limited and full tort coverage in Pennsylvania is crucial, as it directly impacts your ability to recover damages after an accident. Knowing the distinctions before an accident happens can greatly influence your ability to obtain fair compensation for injuries and suffering.

What is Tort Coverage in Pennsylvania?

In Pennsylvania, drivers must choose between two types of auto insurance coverage: limited tort and full tort. This choice is a mandatory part of purchasing car insurance. “Tort” refers to the legal right to pursue compensation from another driver who causes a car accident. Your selection significantly impacts your legal rights following an accident, particularly regarding your ability to seek compensation for pain and suffering.

Limited Tort Coverage: Lower Premiums, Restricted Rights

Limited tort coverage generally appeals to drivers because it typically carries lower premiums compared to full tort. The savings can make it attractive, especially in times of financial strain. However, selecting limited tort means you voluntarily limit your ability to sue for non-economic damages, such as pain and suffering, emotional distress, or loss of enjoyment of life, unless your injuries meet specific criteria.

In Pennsylvania, those with limited tort coverage may only recover non-economic damages if their injuries are deemed “serious.” According to 75 Pa.C.S. § 1705(d), a serious injury is one resulting in death, significant impairment of body function, or permanent serious disfigurement. Determining what constitutes a “serious injury” can become a complex legal argument, frequently requiring medical evidence and extensive litigation.

Unfortunately, accident victims with limited tort often find themselves facing uphill battles when their injuries fall into gray areas. For example, soft tissue injuries, which can be excruciating and long-lasting, might not immediately meet Pennsylvania’s stringent threshold. In these cases, the limited tort election can severely restrict your financial recovery, leaving you to bear significant emotional and financial burdens.

Full Tort Coverage: Comprehensive Protection, Higher Premiums

Full tort coverage, on the other hand, ensures broader protection. With full tort, you retain an unrestricted right to pursue compensation for both economic and non-economic damages resulting from an accident, regardless of the severity of your injuries. Choosing full tort coverage allows you greater legal flexibility and security in the unfortunate event of an accident.

While full tort coverage typically results in slightly higher insurance premiums, the potential benefits after an accident are substantial. It allows victims to claim compensation for pain and suffering without needing to meet Pennsylvania’s stringent injury threshold. In practice, this means if you experience mental anguish, chronic pain, emotional trauma, or reduced quality of life following an accident, you can seek compensation that fully addresses your experience and losses.

Real-World Impact of Choosing Limited vs. Full Tort

Imagine a scenario where two drivers are involved in identical car accidents, each sustaining similar injuries, such as severe whiplash or persistent back pain. The driver with limited tort may face significant hurdles, potentially unable to obtain adequate compensation because their injuries might not meet the state’s strict definition of “serious injury.” Conversely, the driver with full tort coverage could readily pursue damages for pain, emotional distress, and long-term consequences without the burden of proving injury severity to the same extent.

This scenario underscores why careful consideration is essential when selecting your auto insurance. Financial considerations at the time of purchasing coverage should always be weighed against the potential hardships following an accident.

Making an Informed Decision

When considering your auto insurance options, it’s important to carefully assess your circumstances and priorities. Reflect on your financial capacity to handle higher premiums against the potential risk and consequences of limited recovery after an accident. Evaluate your driving habits, your daily commute, the likelihood of being involved in an accident, and how significantly an injury could impact your life and finances.

Consulting with a knowledgeable professional, such as a reputable Philadelphia car accident lawyer, can provide clarity and guidance tailored to your specific needs. An experienced attorney can offer valuable insights into how each type of coverage might impact your situation and help you make an informed decision that safeguards your future.

Contact The Villari Firm

If you or someone you love has been involved in a car accident in Pennsylvania, the type of tort coverage you hold can dramatically affect your claim. At The Villari Firm, we are dedicated to protecting your rights and helping you secure the compensation you deserve.

Our experienced Philadelphia car accident lawyers understand the complexities of limited and full tort coverage and can guide you through the claims process. Don’t navigate these crucial decisions alone. Contact us today at The Villari Firm to discuss your case and ensure you’re fully informed and supported every step of the way.

Source:

legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.017.005.000..HTM