In the Commonwealth of Pennsylvania, people are often involved in automobile accidents that lead to injuries. In many cases these accidents are cause by a guilty party and they may be liable for the other party’s injuries. Despite the possibility of recovery for injuries occurred in accidents, the amount of damages that are recoverable varies depending on the type of automobile tort policy the injured party has. Any individual who has been injured in an accident must be aware of the differences between full tort and limited tort coverage in order to ensure they can recover the full amount of damages possible they are entitled to.

Full Tort in the Commonwealth of Pennsylvania

In Pennsylvania when an individual is purchasing automobile insurance, they have the ability to choose between either full tort or limited tort coverage. If an individual purchases full tort auto mobile insurance, he/she can recover all medical, pain and suffering, and  out-of-pocket expenses from the negligent party as a result of the injures sustained because of the accident.

While purchasing full tort is more expensive than limited tort automobile insurance, it is by far the better policy for an injured party seeking recovery from the negligent party for their injuries.

Limited Tort in the Commonwealth of Pennsylvania 

In Pennsylvania an individual who purchases limited tor will be able to recover for all medical and out-of-pocket expenses but will NOT be able to recover for any pain and suffering that the injured party endured as a result of the negligent party’s actions.

However, limited tort policy holders will be able to recover as if they had full tort if:

  • The injured party was harmed when they were on foot, operating a bicycle or motorcycle while the at-fault party was operating a vehicle
  • The negligent party was operating a vehicle that was registered in another state
  • The at-fault party deliberately intended to injure someone
  •  The at-fault party is convicted of a DUI or a controlled substance when the accident occurs.
  • The injured party was occupying a motor vehicle that transports goods or passengers (Uber, Lyft, busses, taxis, etc.)

Serious Injury Exception to Limited Tort

Another exception that would allow a limited tort victim to recover under full tort is the serious injury exception. Despite its obvious name, this exception is not clearly defined in Pennsylvania and many times certain injuries are difficult to categorize as either serious or not serious. Generally, a serious injury would be anything that would rise to “significant impairment of bodily function”, death or bodily disfigurement. If the injured party believes that they have suffered a serious injury and are entitled to full tort recovery, having an experienced attorney is essential to evaluate and argue for your potential recovery.

Injured in an Accident? We are Here to Help

If you or someone you know has been involved in an accident and suffered injuries, The Law Office of Vincent J. Caputo is ready to help through this process. We understand that these accidents can be very difficult for the individual(s) involved and that is why we will work with you every step of the way in achieving the best outcome possible. Contact our office for a free consultation today, your future is our priority!