As a Passenger with Limited Tort Can I Sue?

Passengers who are covered by limited tort may have the right to sue for damages if they suffer an accident related injury.

Limited tort coverage does not limit a passenger’s right to sue for economic damages such as medical expenses, lost income, property damage, and other quantifiable out of pocket expenses.

When You Can Recover For Pain and Suffering

Generally, limited tort may limit a passenger’s right to recover damages for pain and suffering unless the passenger fits into one of the limited tort exceptions.

For passengers, one of the most significant exceptions to limited tort coverage is for passengers who were traveling in a vehicle other than a private passenger car at the time of the accident. Pennsylvania limited tort law allows passengers to recover full tort damages if the passenger was in a taxi, commercial truck or other vehicle, bus, motorcycle or other vehicle which fits this exception.

Additionally, passengers may also be allowed to recover full tort damages if they fit any of the other limited tort exceptions including:

• The person at fault was convicted of or accepted Accelerated Rehabilitative Disposition (ARD) for driving under the influence of alcohol or a controlled substance in the accident.
• The person at fault for the accident was driving a car registered in a state other than Pennsylvania.
• The person at fault intended to injure himself or others.
• The accident was caused by a defect in the design, manufacturing, maintenance or repair of the vehicle.
• The person who caused the accident is uninsured or has not maintained financial responsibility as required by law.

Do you know someone who has been hurt in PA accident with limited tort insurance coverage? Please share this page with that person so that he or she can better understand his or her potential recovery.

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