Auto Accident – When Can You Sue with Limited Tort Coverage

It is a commonly held misconception that people covered by Pennsylvania limited tort insurance cannot sue for damages after Pennsylvania car accidents. That is simply not true.

Accident Victims Covered by Limited Tort Insurance May Sue for Economic Damages

Limited tort insurance coverage does not limit your right to sue for economic damages including medical expenses, lost income, property damages and other out of pocket expenses. Your right to recover these damages is the same as it is for people with full tort coverage.

Victims May Also Sue For Pain and Suffering if a Limited Tort Exception Applies

The significant difference when considering full tort vs limited tort insurance is the potential recovery of noneconomic damages including pain and suffering. If you are covered by limited tort insurance then you may only recover pain and suffering damages if you meet one of the limited tort exceptions described in the law. Specifically, you may be able to recover for pain and suffering if:

• The person who caused your accident injuries was convicted of or accepted ARD for driving under the influence of alcohol or controlled substance.
• The person who caused the accident was driving a car registered out of state.
• The person who caused the crash intended to cause injury to himself, to you, or to someone else.
• The person who caused the accident was not insured.
• 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.

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