Car Accident Attorney: Full Tort or Limited Tort
So, you were in a car accident, and your car accident attorney asks you whether you are Full Tort or Limited Tort. What on earth does that mean?
Most of our clients think that Full Tort means Full Coverage, which is very far from the truth. If you selected Limited Tort, which most people do, because the premium is less for the Limited Tort option, then you CANNOT recover for the pain and suffering that you endured as a result of your car accident unless you prove that you have suffered a serious impairment of a bodily function, permanent disfigurement or death. That’s a pretty tough threshold to meet. You can recover for economic damages or out-of-pocket expenses, like your medical bills and wage loss. However, you will not be able to recover beyond those numbers.
There are some exceptions to the Limited Tort rule, such as being struck by a drunk driver, or being struck by an out-of-state registered vehicle. But, for the most part, those exceptions are fairly rare. Seek out an experienced car accident attorney, because Limited Tort cases can be complex. And you will need an attorney well versed in auto law in order to argue that you can meet the Limited Tort threshold. In all honesty, most car accident attorneys will not touch Limited Tort Cases.
So, what should you do now? It is extremely important for you to review your auto insurance policy. Look at your Declarations page, and check for your Tort option. Most often, your insurance agent just gave you a few quotes, and you picked the one that best fit your budget, without realizing the ramifications of your choice. Nuances of insurance policies are rarely explained to the customer, which is one reason why PA’s Tort option can be so unfair to the insured. You may have had absolutely no idea of the magnitude of the rights that you waived when you purchased your policy.
The amount of money that you could lose as a result of opting for Limited Tort insurance is far more than paying a little more each month in premiums. Also, don’t forget that your Tort option will extend to your family members, such as your children or other relatives in your home. We have had several cases where parents are devastated when they realize that their child will be unable to recover because of their Limited Tort option.
Remember, request a copy of your policy, and ask lost of questions. The best decision is an informed decision. Call one of our experienced car accident attorneys to figure out whether you are Limited Tort, and if so, whether you can get over the Limited Tort threshold.
