Can You Get Pain and Suffering with Limited Tort

Many people understand limited tort to mean limited recovery. In some cases that may be true.

Generally, unless you quality for an exception to limited tort your recovery will be limited to your economic damages.

However, it is important to know that your recovery is not always limited to economic damages such as medical expenses, out of pocket expenses and lost income. You may also be able to recover for non-economic damages such as pain and suffering if you qualify for a limited tort exception in Pennsylvania such as if:

• The person responsible for your accident injuries was convicted of or accepted ARD for driving under the influence of alcohol or a controlled substance.
• The person responsible for the accident was driving a car registered in a state other than Pennsylvania.
• The person responsible for the crash intended to cause injury to himself, to you, or to someone else.
• The person who caused the accident was uninsured.
• The crash was not caused by a driver's negligence but rather by a defect in the design, manufacturing, maintenance or repair of the vehicle.
• You were a passenger in a commercial vehicle, or a vehicle other than a passenger car, at the time of the accident.
• You sustained a severe injury that had a substantial impact on a bodily function.

If you know someone who has been hurt in a Pennsylvania crash and is insured with limited tort coverage, please share this page with that person so that he or she knows what his or her rights to full damages may be after an accident.

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