A Lawyer’s Guide to Purchasing Automobile Insurance – Part Three – Full Tort Versus Limited Tort
In the first two parts of this four part series on purchasing automobile insurance, I discussed Liability and First Party Coverage. In this part, I explain the critical selection of a Tort Option, Full Tort or Limited Tort.
Pennsylvania’s Motor Vehicle Financial Responsibility Law provides that consumers purchasing automobile insurance must make a choice of Tort Options – either Full Tort or Limited Tort. Although your insurance premiums are lower if you select Limited Tort rather than Full Tort, you sacrifice legal rights by choosing Limited Tort.
Full Tort
Full Tort is an election made on your automobile insurance policy which allows you and the members of your household to seek compensation for Economic and Non-Economic damages sustained in a motor vehicle accident which was the fault of another driver. Economic damages would include things like medical bills, lost wages, funeral bills or other out-of-pocket costs caused by an accident. Non-Economic damages would include more intangible damages such as compensation for pain and suffering, emotional distress, embarrassment and the loss of the pleasure gained from things that can no longer be done due to injury.
Limited Tort
Limited Tort is an election made on your insurance policy which allows recovery for Economic damages, but usually prohibits you and members of your household from making any claim for Non-Economic damages unless a “serious injury” has occurred. The law defines “serious injury” as “a personal injury resulting in death, serious impairment of a bodily function or permanent serious disfigurement.” Although the term “death” is self-explanatory and determining what constitutes “permanent and serious disfigurement” is not too difficult, the Pennsylvania couts have struggled with the issue of what qualifies as a “serious impairment of a bodily function.” To date, the courts have been reluctant to find that a “serious impairment of a bodily function” exists absent a long-lasting and seriously disabling injuries. Accordingly, if you have selected Limited Tort, it is often very difficult to pursue a claim for Non-Economic damages, even for injuries that linger on painfully for months.
Making Your Choice
Choosing a Tort Option – Full Tort or Limited Tort – is an important decision because it has a substantial impact on your legal rights when you are involved in an accident caused by another driver. Choosing Limited Tort allows you to save money on insurance premiums, but usually precludes you from recovering Non-Economic damages unless the accident causes very serious, long-lasting injuries. The Full Tort option is more expensive coverage, but you do not waive any legal rights to seek compensation for injuries.
Tim Rayne, Esquire – MacElree Harvey, Ltd. 211 E. State Street, Kennett Square, PA 19348 (610) 840-0124 trayne@macelree.com
Tags: attorney, automobile insurance, car insurance, Full Tort, lawyer, Limited Tort, Pennsylvania law, personal injury
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